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HomeMy WebLinkAboutItem #05 Request for Reduction of Fine - Code Enforcement Board lii"'~ OC~. AGENDA ITEM COVER SHEET Meeting Date: 4-18-06 Item # 5" Contact Name: Contact Number: Ralph W. Jones III (407) 905-3104 Reviewed By: Department Director: City Manager: ~A-Jy- ---~ Subject: Request for Reduction of Fine Code Enforcement Case No. 05-081, Katherine H. Von Schmidt and Georgiana Paul, 294 Sabinal Street Background Summary: The respondents were found in violation of erecting a fence without a permit. On August 23, 2005, the Code Enforcement Board issued a Compliance Order for $25.00 per day until the violation was deemed in compliance. The property was brought into compliance on February 28, 2006. The current fine is $1475.00. Issue: Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien upon payment of fine for Code Enforcement Board Case No. 05-081, Katherine H. Von Schmidt and Georgiana Paul, property located at 294 Sabinal Street Ocoee, Florida? Recommendations: The Code Enforcement Board recommended the fine be reduced to the amount of $147.00 to recover staff time and expenses. Staff agrees with the Code Enforcement Board's recommendation. Attachments: Recommendation from the Code Enforcement Board and Request for Reduction. Financial Impact: The revenue of the original fine if it were collected. Type of Item: (please mark with an "xi Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's DeDt 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 Reviewed by Finance Dept. Reviewed by ( ) ~~v X N/A X N/A N/A Citv Manager Robert Frank Commissioners Garv Hood. District 1 Scott Anderson. District 2 Rustv Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Ralph W. Jones III, Building Official DATE: April 10, 2006 RE: Request for Reduction of Fine Code Enforcement Case No. 05-081, Katherine H. Von Schmidt and Georgiana Paul, 294 Sabinal Street ISSUE Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien upon payment of fine for Code Enforcement Board Case No. 05-081, Katherine H. Yon Schmidt and Georgiana Paul, property located at 294 Sabinal Street Ocoee, Florida? BACKGROUND/DISCUSSION The respondents were found in violation of erecting a fence without a permit. On August 23, 2005, the Code Enforcement Board issued a Compliance Order for $25.00 per day until the violation was deemed in compliance. The property was brought into compliance on February 28, 2006. The current fine is $1475.00. RECOMMENDATION The Code Enforcement Board recommended the fme be reduced to the amount of $147.00 to recover staff time and expenses. Staff agrees with the Code Enforcement Board's recommendation. 1 CODE ENFORCEMENT OF THE CITY OF OCOEE CASE NO. 05-081 CITY OF OCOEE Petitioner, v. Katherine H. Yon Schmidt & Georgiana Paul, Respondent I ORDER REDUCING FINE This matter was heard this date March 28, 2006, on Respondent's request for reduction of fine and on evidence presented, a motion having been duly made, seconded and approved by a majority of the Board members present, it is ADJUDGED that the total amount of the fine in connection with this matter is hereby reduced to the sum of$147.00, for consideration of the City Commission's decision, due and payable to the City of Ocoee. DONE AND ORDERED at Ocoee, Florida this March 28, 2006. Code Enforcement Board of the CITY OF OCO~A BY:~ ~ Robert Godek, Chairman -- /;/i ' If;;~> /1,;J"-':<i;;" ," > , ;'/ /,"". . f ' / / , ; '/ l;Z~ M4y 2 < ..' CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. ~ -(; 3 / ,~.,. '-' REQUEST FOR RE-HEARING/REDUCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting, to have your case re-heard or if you are requesting a reduction of fine. Please fill this form ou~ completely. Be specific when writing your statement. Please return this form to the Code Enforcement Board Clerk within 15 days prior to the next regularly scheduled Code Enforcement Board Meeting. The request will then be presented to the Board at the next regularly scheduled meeting for consideration. If you have any questions, please call the Code Enforcement Board Clerk, Carmen D. Ramos at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing ~ 'ttt::quest for Reduction of Fine Property Owner's Name I< 1l.4.u ; "( #. V D.... gCbM; J +-.4 C ~ ; (lJaL< / Property Address ~ '14 S~ s-:/;rLJ J tJ/l1-le Phone Number where you can be reached during the day? "'1;7 I>>~(, 13'0 z.... Is the property now in compliance ~ Yes _No (ifno, explain in detail) If the property owner is unable to cornplete this form, list name of person who is authorized to act for the Property Owner, their relationship, and attach notarized power-of-attorney: Date of original CEB Meeting ~. ~ '0 I ZOtJ.s-: Compliance Date Specified by Board r; ~ ~ / D- ;'1-0 S- Penalty Issned by Board ,?~.8 J s.n A ~ - rl'tJ It '175 You are encouraged to attend the next Board meeting on the date scheduled so that you can be present while your request for a re-hearing or fine reduction is considered. If you are present, and the Board grants a re-hearing, the Board may decide to permit you to present your case that night, or may decide to re-hear your case on a subsequent date for which you will be provided notice at a later date. If you are not present you will be notified of the Board's decision on whether or not to grant you a re- hearing, and if a re-hearing is granted, you will be notified for your re-hearing. You are encouraged to bring any evidence for Board consideration with you. ,.j , Page 1 of2 5''1 f!!!:, ? )~ I,(;)eif '",-~ ~0 \ , do hereby submit this Petition in request for a [ ] Re-Hearing or eduction of fine and in support offer the following new evidence: 1)~f' +0 '--th:- C\,O-O'S ~(\ ~ \i\t: ~~ i~t'Q',<--\ ~('e ~~:> CL \0-\ ~ C1:Y,'\(,01? l1:~ d~~~'6e+ done: ~ -c; "\ '" \ e (' 0..>'\ c\ l m, w --b,t' e n L:n \-,h(\ 5 I.) tl, In '-\- -\"p _ . J"U'--,~f'es & f\Mj (V\"\'r<? 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