HomeMy WebLinkAboutItem #11 Code Enforcement Reduction of Two Fine/Liens for Merary Ramos, Jennifer Williams, and Lester Christy re: 1103 Caballero RoadIkK �1�
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AGENDA ITEM COVER SHEET
Meeting Date: July 15, 2014
Item #
Reviewed By:
Contact Name: Doug Gaines Department Director:
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Code Enforcement Reduction of Two Fine /Liens for Merary Ramos, Jennifer Williams,
and Lester Christy re: 1103 Caballero Rd. (District 1 Commissioner John Grogan )
Background Summary:
The property located at 1103 Caballero Rd. has two separate fines /liens from separate code enforcement
actions; they are being presented as a single agenda item so the property owner can be provided a single
solution.
Case 12 -123:
The property was cited on June 19, 2012 by Officer Robert Siegrist for miscellaneous junk and debris, fence in
poor condition, and people living in the house without water. The codes in violation were: 115 -3 for trash and
debris; 108 -23 Q for the fence; and 108 -19 A for occupancy without water. On August 28, 2012, the Code
Enforcement Board issued an order to comply by September 12, 2012 or be fined $100.00 per day per
violation. On September 12, 2012, 108 -23 Q and 108 -19 A were found to be in compliance. On October 1,
2012 the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3. On
October 31, 2012 the property was found to be in full compliance. The new property owners, William and Lisa
Hannon, purchased the property in early June of 2014, and they stated that when they bought the property, it
was already in compliance. The property is currently being maintained.
Case 13 -067:
The property was cited as a repeat violation on June 17, 2013 by Officer Robert Siegrist for miscellaneous trash
and debris. The code in violation was: 115 -3. On June 23, 2013, the Code Enforcement Board issued an order
to comply immediately or be fined $125.00 per day. On July 31, 2013, the Code Enforcement Board imposed
the accruing fine and lien for non - compliance of 115 -3. The property was found to be in compliance of 115 -3
on May 7, 2014. The new property owners, William and Lisa Hannon, stated that when they bought the property
it was already in compliance.
William Hannon, the new property owner, appeared before the Code Enforcement Board on June 24, 2014 and
requested a reduction of the fine /lien amount of $15,000.00 for Case No. 12 -123 and $40,625.00 for Case No.
13 -067. Both liens were foreclosed, but the City's cost remains, as these are special assessment liens.
Issue:
Should the City Commission reduce the amount of the fine to the city's cost of $1,725.24, plus a penalty of
$5,000.00, which totals $6,725.24?
Recommendations:
The Code Enforcement Board recommends the fine /lien be reduced to $2,989.10 for Case 12 -123 and to
$3,736.14 for Case 13 -067, which is the cost plus penalty to the City for the enforcement actions. The decision
by the Board to reduce the amount was based on testimony and answers from Jack Coughlin and City staff.
These totals were reached using the two separate reductions:
12 -123:
The Code Enforcement Board recommends reducing the fine /lien to $989.10, plus a penalty of $2,000.00.
13 -067
The Code Enforcement Board recommends reducing the fine /lien to $736.14, plus a penalty of $3,000.00.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits
Financial Impact:
The city would recover its costs of $1,725.24 and impose an additional $5,000.00 for the effect on the city and
residents.
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
_ Resolution
X Commission Approval
X Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
Reviewed by
2
N/A
N/A
N/A
N/A
ty of Ocoee Fire Department
f
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Deputy Chief
Tom Smothers
CASE PREPARATION COST
Case # 12 12' � Address (:�balQ U.-
Code Officer x $100.00 per hr #
of hours = $ �C. -� r ��
Clerical staff x $35.00 per hr # S of hours = $ 1 Q-Z
Attorney fee
Recording of Lien
Postage
TOTAL
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City of Ocoee 0563 S. Bluford Ave ■ Ocoee, Florida 34761
phone: (407) 905 -3140 • fax: (407) 905 -3129 • www.ci.ocoee.fl.us
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Deputy Chief
Tom Smothers
CASE PREPARATION COST
Case # Address k' ( ( , 03a"
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Code Officer x $100.00 per hr # ... l of hours = $ � �
Clerical staff x $35.00 per hr # 3 of hours = $ 1 D 5 .
Attorney fee
Recording of Lien
Postage
TOTAL
$ �.0�
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$ L+q
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City of Ocoee 0563 S. Bluford Ave ■ Ocoee, Florida 34761
phone: (407) 905 -3140 • fax: (407) 905 -3129 • www.ci.ocoee.fl.us
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14 -041 AMERICAN RESIDENTIAL SERVICES
CLAUDETTE PESUME
14 -045 JAMES E GRAHAM
CAROLE E GRAHAM
C. Order of Continuance (July 22, 2014, Meeting)
Case Number
14 -044
Respondent
DAN WANG
848 SATIN LEAF CIRCLE
101 MINOR COURT
Location of Violation
216 S LAKESHORE DRIVE
Vice - Chairman Lowery seconded by Member Carrington, moved that the supplemental consent agenda be
accepted as presented. Motion carried unanimously.
Vice - Chairman Lowery, seconded by Member Kelley, moved that Cases #12 -123, 13 -067, 12 -003, 14 -043
and #13 -064 be moved to the beginning of the agenda and then revert back to the on ig nal agenda. Motion
carried unanimously.
COMMENTS FROM CITIZENS
None.
HEARINGS OF.STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS
IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE
DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS:
ACED - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON- COMPLIANCE, ATP- APPLICATION TO
FORECLOSE, CO - COMPLIANCE ORDER, CMFD — COMMISSION MEETING FOR DETERMINATION, CS — CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO —
EXTENDED COMPLIANCE ORDER, EX- EXHIBITS, FS- FEES STAYED, LDC - Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF
HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, 011`4r ORDER IMPOSING FINE -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER
OF CONTINUANCE,, ORE — ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - POS, RFR - REQUEST FOR REHEARING, RFRDUC- REQUEST FOR
REDUCTION DENIED UNTIL COMPLIANCE. ROF- REDUCTION OF FINE, SFH — SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD —
WITHDREW.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS
Alt. Member Hopper, seconded by Member Carrin moved to re -hear Case #12 -123, for request of
reduction offne. Motion carried unanimously.
/ Case No. 12 -123 Merary Ramos
t/ 1103 Caballero Road
Officer Siegrist
Violation Cited: 115 -3, 108 -23Q, 108 -19A
Observation: Misc. trash/ debris on property. Unfenced swimming pool in front yard. Weeds/ grass over 10" backyard. People
living in house without active City water account. Fence in disrepair.
07/22/12
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: 07/16/12
07/24/12
STATEMENT OF VIOLATIONS
07/24/12
NOTICE OF HEARING
MEETING DATE: 008/28/12
07/24/12
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
08/28/12
COMPLIANCE ORDER
FOUND IN VIOLATION AS OF 07/02/12
TO COMPLY BY 09/12/12 OF 115 -3, 108 -23Q, 108 -19A
OR FINE OF $100.00 PER DAY, PER VIOLATION.
09/12/12
AFFIDAVIT OF COMPLIANCE
CODES 108 -23Q, 108 -19A
09/12/12
AFFIDAVIT OF NON COMPLIANCE CODE 115 -3
09/25/12
BOARD ORDER
IMPOSE FINE ON CODE 115 -3
10/01/12
ORDER IMPOSING FINE /LIEN
10/01/12
PROOF OF SERVICE
CERTIFIED MAIL
Page 2
10/31/12 AFFIDAVIT OF COMPLIANCE
11/06/12 OERDER IMPOSING FINE /LIEN
11/07/12 PROOF OF SERVICE
06/10/14 REQUEST FOR REDUCTION
06/24/14 BOARD RECOMMENDATION:
TOTAL DUE $15,000.00
CERTIFIED MAIL
MEETING DATE: 06/24/14
TO REDUCE FINE TO $2989.10. TO BE HEARD
BY COMMISSION ON JULY 15, 2014 FOR
FINAL DECISSION.
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer
stated the respondent came into compliance of the last remaining open code violation [115 -3], on October
31, 2012. The City's cost is $989.10.
The respondent, William Hannon, addressed the board. He explained that at the time he purchased the
property, it was in compliance. He continued by saying that the home was a Fannie Mae foreclosure, and he
was under the impression that the liens were taken care of.
Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -123, that the Code
Enforcement Board recommend to the City Commission to reduce the fine to the City's cost of $989.10 and
a fine of $2, 000 for a total of $2,989.10. Motion carried unanimously.
Member Carrin ,-ton, seconded by Member Kelley, moved to re -hear Case #13 -067, for request of reduction
of fine. Motion carried unanimously
Case No. 13 -067 Lester Christy/ Jennifer Williams/ Merary Ramos
1103 Caballero Court Officer Siegrist
Violation Cited: 115 -3
Observation: Misc. trash/debris on property
06/17/13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: N/A
06/18/13 STATEMENT OF VIOLATIONS
06/18/13 NOTICE OF HEARING MEETING DATE: 06/25/13
06/18/13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
07/23/13 AFFIDAVIT OF NON COMPLIANCE
07/23/13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 06/17/13 OF
115 -3. TO COMPLY IMMEDIATELY OR FINE OF
$125.00 PER DAY FROM 06/17/13 UNTIL IN
COMPLANCE, AND FOUND AS A REPEAT
VIOLATOR.
07/31/13
ORDER IMPOSING FINE /LIEN
07/31/13
PROOF OF SERVICE
05/07/14
AFFIDAVIT OF COMPLIANCE
05/19/14
ORDER IMPOSING FINE /LIEN
05/20/14
PROOF OF SERVICE
06/10/14
REQUEST FOR REDUCTION
06/24/14
BOARD RECOMMENDATION:
CERTIFIED MAIL
TOTAL DUE $40,625.00
CERTIFIED MAIL
MEETING DATE: 06/24/14
TO REDUCE FINE TO $3000.00 PLUS CITY COST
OF $ 736.14 FOR A TOTAL OF $3736.14. TO BE
HEARD BY COMMISSION BOARD ON JULY 15, 2014
FOR FINAL DECISSION.
Page 3
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The City's cost
is $736.14. The property is in compliance as of today, June 24, 2014.
The respondent, William Hannon, addressed the board. Chairman Godek inquired if he personally
brought the property into compliance. Mr. Hannon explained the property was in compliance at the time of
purchase.
Member Kelley inquired if the two cases [12 -123 and 13 -067] are overlapping as the respondent has been
cited twice for the same violation. Officer Siegrist explained that the respondent is a repeat violator. The
respondent was cited for violation of code 115 -3 on July 16, 2012, found in compliance on October 31,
2012, and then in violation of 115 -3 again in 2013.
Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #13 -067, that the Code
Enforcement Board recommend to the City Commission to reduce the fne to the City's cost of $736.14 and
a fine of $3, 000 for a total of $3,736.14.
Member Carrington opined that the new homeowner had no control over the issues, and feels this is
distinguishable from other cases. He continued by saying that this recommendation seems to be a bit
stringent as the new homeowner was already fined for almost $3,000 on the first case. He asked the board to
consider trimming back the fine. Alt. Member Hopper agreed with Member Carrington. Member Kelley
explained that the total fine between the two cases is approximately $60,000. He continued by saying that
his recommendation will reduce the fine to approximately 10% of the actual fine [$60,000].
Motion passed by majority roll -call vote of 4 to 3 with Members Carrington and Osborne, and Alt.
Member Hopper dissenting
Chairman Godek explained that the Code Enforcement Board only recommends the reduction of fine to
the City Commission, and they will make the final determination.
Member Carrington seconded by Member Kelley, moved to re -hear Case #12 -003 for request of reduction
offne. Motion carried unanimously.
J
Case No. 12 -003 Jose Torres / Ana Gomez
2532 Grand Poplar Street Officer Loeffler
Violation Cited: 115 -5 A.B.C., 108 -35, 108 -23 I.J.
Observation: Tall weeds / grass. Tree branches hanging low over sidewalk. Unsecured rear exterior doors with observed across
unauthorized person(s) creating an attractive public nuisance; broken rear windows.
12/12/11
NOTICE OF CODE VIOLATION
01/12/12
STATEMENT OF VIOLATIONS
01/12/12
NOTICE OF HEARING
01/12/12
ALL DOCUMENTS SENT BY
01/24/12
COMPLIANCE ORDER
RE- INSPECTION DATE: 01/15/12
MEETING DATE: 01/24/12
REG. & CERTIFIED MAIL
IN COMPLIANCE OF CODE 108 -35 AS OF
01/24/12. FOUND IN VIOLATION OF 115- 5(ABC), AND
108 -23J AS CITED ON 01/05/12. TO COMPLY BY
02/17/12 OR FINE OF $250.00 PER DAY, PER
VIOLATION.
02/20/12 AFFIDAVIT OF NON COMPLIANCE
02/29/12 ORDER IMPOSING FINE /LIEN
02/29/12 PROOF OF SERVICE REG. & CERTIFIED MAIL
04/17/12 AFFIDAVIT OF NON COMPLIANCE
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