HomeMy WebLinkAboutItem #12 Code Enforcement Reduction of Fine/Lien for Saxon Mortgage Services Inc. re: 6825 Cross Cut CourtWS
floritlo
AGENDA ITEM COVER SHEET
Meeting Date: July 15 , 2014
Item # I Q
Contact Name: Doug Gaines
Contact Number: 407 - 905 -3100 ext 1503
Reviewed By:
Department Director: ,fA t ,
City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for Saxon Mortgage Services Inc.
regardin 6825 Cross Cut Ct. (District 4 Commissioner Joel Keller)
Background Summary:
This property was cited on May 6, 2013 by Officer Edward Loeffler as a public nuisance with tall weeds and
grass and unsanitary swimming pool water. The codes in violation were: 115 -6 and 108 -24 D. On June 25,
2013, the Code Enforcement Board issued an order to comply by July 8, 2013 or be fined $100.00 per day per
violation. On July 23, 2013, the Code Enforcement Board imposed fine and lien for non - compliance. The
property was routinely checked and remained in violation on 9 -7 -13, 11 -18 -13 and 1- 21 -14. The property was
found in compliance on March 19, 2014, and the property is currently being maintained.
Issue:
A representative for the owners, following foreclosure proceedings, appeared before the Code Enforcement
Board on June 24, 2014 and requested the fine /lien amount of $50,600.00 be reduced to the city's cost of
$685.00.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $3,685.00. This was based on the
city's cost of $685.00, plus an additional $3,000.00 for the negative impact on the neighborhood and the city.
The discussion by the board to reduce the amount was based on testimony and answers from the owner's
representative and city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits
Financial Impact:
The city would recover its costs of $685.00 and impose an additional $3,000.00 for the effect on the city and
residents.
Type of Item: (please mark with an x')
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
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. �. r N/A
Reviewed by () N/A
CASE COST SHEET
Case # I s - Address 6 (- d z 5 C TZ Q -7y C y Jr C
�d
Code Officer x $100.00 per hr # ' 3 of hours = $ �! () ()
Clerical staff x $35.00 per hr # 0 of hours = $
0
Attorney fee x $150.00 per hr # ' of hours = $ 5 Q ' ' 0
Recording of Lien
Contractor Cost
Postage
Building Dept Cost
TO'T'AL
$ l
$
$ . C
$
City of Ocoee ■563 S. Bluford Ave ■ Ocoee, Florida 34761
phone: (407) 905 -3140 • fax: (407) 905 -3129 • www.ci.ocoee.fl.us
" .� � -�.. a ✓' ! � `' ,. � 1 �� `, � E �.yry ad++ MS }� 'n�
K * : PAW&.
� • t � r r. � ':� � .. a .. t� ! [ r .�
_mil
A AL
ll
$,. - r i!' a r' _ r 1= .t _ • 'i ..
Yy + �Y. l � e � / •y ' '�. �' l � y ' /�. � � •'�
� � � i ce' •� E ' � •�'
Y .M1 J
�p .Y
�• �l�s
a' V'
�� „. .+. � � \��'�, :•�I ^� -�r. 111 � ;• tl/ .�• *•
�.'° 1, r '� •,��� 151 /M''�f 1� /# J .• r �' V :`.
WO �r Y � �� - vii � �• E ?.���•.
�y i �
a t t
R ♦ ♦
fH�l�l�
t�
Ai
,,
,i
-----------
�`. �`• ;NFL
ar
a
R
Cindy Kilgallon, representing the landlord, and Mohammed Abulchdeir, proprietor, addressed the board.
Ms. Kilgallon explained that she has been recently been made aware of the violations and will do
everything she can to comply. Mr. Abulchdeir explained that he was unaware of the previous violations as
there was a breakdown in communication in his office. He continued by saying he will become more
involved in the day -to -day operations. Board discussion ensued regarding the knowledge the landlord may
have had regarding the violations.
Member Kelley, seconded by Member Carrington, moved that in Case #14 -043 the respondent be found in
violation as a repeat violator as cited as of June 9 2014 and in compliance as of June 23 2014 and be
assessed a fine of $3500. Motion carried unanimously.
Vice - Chairman Lowery inquired from Member Kelley how he came up with the fine amount. Member
Kelley explained that the property was in non - compliance for 14 days at a rate of $250 per day. Member
Carrington opined that this is a repeat violation case.
Alt. Member Hopper, seconded by Member Carrington moved to re -hear Case #13 -064 for request of
reduction offne. Motion carried unanimously
/ Case No. 13.064 Daniel Martone/ Melissa Martone
V / 6825 Cross Cut Court Officer Loeffler
Violation Cited: 115-6,108-24D
Observation: Overgrown/ very tall weeds and grass. Unsanitary swimming pool water.
05/06/13
NOTICE OF CODE VIOLATION
06/13/13
STATEMENT OF VIOLATIONS
06/13/13
NOTICE OF HEARING
06/13/13
ALL DOCUMENTS SENT BY
06/25/13
COMPLIANCE ORDER
07/23/13
AFFIDAVIT OF NON COMPLIANCE
07/23/13
IMPOSE FINE
07/24/13
ORDER IMPOSING FINE /LIEN
07/24/13
PROOF OF SERVICE
09/17/13
AFFIDAVIT OF NON COMPLIANCE
11/18/13
AFFIDAVIT OF NON COMPLIANCE
01/21/14
AFFIDAVIT OF NON COMPLIANCE
03/19/14
AFFIDAVIT OF COMPLIANCE
03/19/14
ORDER IMPOSING FINE /LIEN
03/20/14
PROOF OF SERVICE
04/16/14
REQUEST FOR REDUCTION
06/24/14
BOARD RECOMMENDATION
RE- INSPECTION DATE: 06/11/13
MEETING DATE: 06/25/13
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 06/10/13
TO COMPLY BY 07/08/13 OF 108 -24D, 115 -6
OR FINE OF $100.00 PER DAY, PER VIOLATION
UNTIL IN COMPLIANCE. IF NOT IN COMPLIANCE BY
DATE GIVEN CITY IS AUTHORIZED TO ABATE
PROPERTY AND ADD COSTS TO FINE.
AS OF 07/09/13
CERTIFIED MAIL
TOTAL DUE $50,600.00
CERTIFIED MAIL
MEETING DATE: 05/27/14
TO REDUCE FINE TO $3000.00 PLUS CITY COST
OF $ 685.00. TO BE HEARD BY COMMISSION
BOARD ON JULY 15, 2014 FOR FINAL DECISSION.
Officer Loeffler presented the case and gave its history. The property has been vacant for several years; the
City routinely mowed the grass. The property was brought into compliance on March 19, 2014, and has
been maintained and kept in compliance since that date. The City's cost is $685.00.
Page 6
Paul Larsen, agent with Charles Rutenberg Realty, on behalf of Freddie Mac, addressed the board. Mr.
Larsen presented photos of the property as exhibits. He explained the judicial sale of the property was
November 21, 2013, and he was assigned to the property on November 23, 2013. He was unaware of the
Code violations; however, began correcting the lawn issues on November 29, 2013. Upon learning of the
Code violations, the property was swiftly brought into compliance, but he did not know to ask for an
inspection by the code enforcement officer. The property is currently on the market. Board discussion
ensued regarding the dates of compliance for both code violations. Mr. Larsen clarified that the lawn issues
were corrected immediately [November 29, 20131; however, the unsanitary swimming pool was not
corrected at that time and he is unsure of the exact date it was brought into compliance. Officer Loeffler
stated that he inspected the property on March 19, 2014, and it was in compliance.
Vice - Chairman Lowery, seconded by Member Kelley moved that in Case #13 -064 that the Code
Enforcement Board recommend to the City Commission to reduce the _fine to the City's cost of $685.00 and
a fine of $3, 000 for a total of $3,685. Motion carried unanimously
Member Osborne inquired if consideration would be given to reducing the fine to $300 per day for each
day the property was in non - compliance (equaling to $2,400 plus the City's cost). Member Kelley
explained the date of compliance is unkown as Mr. Larsen did not call for an inspection of the pool.
Case No. 14 -040 Glennie Mays
126 Burnt Tree Court
Violation Cited: 115 -5
Observation: Grass /weed growth over 10 ".
Officer Siegrist
05/07/14
NOTICE OF CODE VIOLATION
05/29/14
STATEMENT OF VIOLATIONS
05/29/14
NOTICE OF HEARING
05/29/14
ALL DOCUMENTS SENT BY
06/24/14
COMPLIANCE ORDER
RE- INSPECTION DATE: 05/28/14
MEETING DATE: 06/24/14
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS CITED AS OF
05/22/14. TO COMPLY BY 07/04/14, OR FINE
OF $50.00 PER DAY, FOR EACH DAY IN
VIOLATION. AUTHORIZE CITY TO ABATE
PROPERTY AND COST TO FINE.
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer re-
inspected the property today, June 24, 2014, and observed the property to be in non - compliance. The City is
recommending a 10 -day compliance window and $25 per day for non - compliance after the 10 days; and that
the Board order the nuisance abated, and the cost added to the fine.
Member Kelley inquired the nature of the complaint. The officer explained that the case came forward by
citizen complaints. Chairman Godek inquired if the house is vacant. The officer replied, "Yes ".
Member Blynder, seconded by Member Osborne, moved that in Case #14 -040 the respondent be found in
violation as cited as of 22, 2014, and be given until July 4 2014 to come into compliance or be fined
$50 per day for each day the violation remains in non - compliance and to authorize the City to abate the
nuisance and assess the costs to the fne. Motion carried unanimously.
Page 7