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HomeMy WebLinkAboutItem #16 Code Enforcement Reduction of Two Fines/Liens for US National Assn C/O Kahane & Assoc. PA. re: 492 Wurst Rdlk4 florida AGENDA ITEM COVER SHEET Meeting Date: May 19, 2015 Item # 10 Contact Name: Doug Gaines Contact Number: 407 - 905 -3100, ext. 1503 Reviewed By. Department Director: City Manager: Subject: Code Enforcement Reduction of Two Fines /Liens for US National Assn Trustee C/O Kahane and Assoc. PA. re: 492 Wurst Rd. (District 1 Commissioner John Grogan) Background Summary: The property located at 492 Wurst 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 14 -060: The property was cited on June 24, 2014 by Officer Robert Siegrist for trash /debris. The code in violation was: 115 -3. On July 22, 2014, the Code Enforcement Board issued an order to comply by August 8, 2014, or be fined $100.00 per day. On August 26, 2014 the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3. On April 10, 2015, the property was documented as in compliance, thus stopping the accruing fine with a total due of $24,400.00. The new property owner is US National Assn. Trustee C/O Kahane & Assoc. PA. Case 15 -001: The property was cited on December 9, 2014 by Officer Robert Siegrist for people living in house without an active electric service and using a generator for power. The codes in violation were: 108 -22 and 108 -19 C. On January 27, 2015, the Code Enforcement Board issued an order to comply by February 6, 2015, or be fined $100.00 per day per violation, if not in compliance with the Board's orders. On February 25, 2015, the Code Enforcement Board imposed the accruing fine and lien for non - compliance. The property was found to be in compliance on March 16, 2015 stopping the accruing fine with a total due of $5,200.00. The new property owner, US National Assn. Trustee C/O Kahane & Assoc. PA., maintains the property in compliance. A representative of US National Assn. Trustee C/O Kahane & Assoc. PA., the new property owner, appeared before the Code Enforcement Board on April 28, 2015, and requested a reduction of the fine /lien for Case No. 14 -060 in the amount of $1,000.00 (including City costs of $816.32), and for Case No. 15-001 in the amount of $1,000.00 (including City costs of $861.66). Issue: Should the City Commission reduce the amount of the fines to be paid for these enforcement actions, which total $29,600.00? Recommendations: The Code Enforcement Board recommends the fine /lien be reduced to $1,000.00 for Case No. 14 -060 and $1,000.00 for Case No. 15 -001, which is the cost to the City and a penalty for the negative blighted impact on the neighborhood and the city. The decision by the Board to reduce the amount was based on testimony and answers from the representative of Florida Dreams Realty Group Inc. and City Staff. Attachments: Code Enforcement Board meeting minutes. Financial Impact: The City would recover its costs of $1,677.98, plus receive a $322.02 penalty for the negative blighted impact on the neighborhood and the overall city, resulting in a total recovery of $2,000.00. Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading _ Resolution X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Reviewed by N/A N/A N/A N/A 2 Member Kelley, seconded by Member Hopper, moved that Case 415 -052 be moved after 414 -085 and then return back to the published agenda. Motion carried unanimously Member Hopper, seconded by Member Kelley, moved to re -hear Case 414 -060, for request of reduction o� fine. Motion carried unanimously Case No. 14 -060 492 Wurst Road Violation Cited: 115 -3 John Price Estate & David Daugherty Observation: Misc. trash/debris on property. 06/25/14 NOTICE OF CODE VIOLATION 07/10/14 STATEMENT OF VIOLATIONS 07/10/14 NOTICE OF HEARING 07/10/14 ALL DOCUMENTS SENT BY 07/22/14 COMPLIANCE ORDER 08/12/14 AFFIDAVIT OF NON COMPLIANCE 08/26/14 BOARD ORDER 08/28/14 08/28/14 10/08/14 12/08/14 02/10/15 04/10/15 04/13/15 04/13/15 04/20/15 Officer Siegrist RE- INSPECTION DATE: 07/08/14 MEETING DATE: 07/22/14 REG. & CERTIFIED MAIL FOUND IN COMPLIANCE AS OF 07/08/14 OF 115 -5 & LDC 8 -2A, AND IN VIOLATION OF 115 -3 AS OF JULY 5, 2014. TO COMPLY BY 08/08/14 OR FINE OF $100.00 PER DAY. IMPOSE FINE /LIEN AS PER PREVIOUS BOARD ORDER. ORDER IMPOSING FINE /LIEN PROOF OF SERVICE CERTIFIED MAIL AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF COMPLIANCE ORDER IMPOSING FINE/LIEN PROOF OF SERVICE REQUEST FOR REDUCTION TOTAL DUE $24,400.00 CERTIFIED MAIL MEETING DATE: 04/28/15 Officer Siegrist presented the case and gave its history. A re- inspection of the property was conducted on April 10, 2015, and resulted in compliance. The officer explained the people who took over the property have done an excellent job bringing into compliance. The total City's cost is $816.32, plus the accrued fine of $24,400.00. Claudie Montes, of Florida Dream Real Estate, said she was assigned to the property in February and it was already in bad shape. There was an eviction process, so she was only able to meet with the Code Officer until after that process. On April 9 the eviction process was finished and it took them three days to bring the property into compliance. Ms. Montes explained they are requesting a reduction of fine so they may list the property for sale to a cash buyer who is willing to take the property "As Is ". Member Osborne inquired about market value. It was appraised at $40,000 but there is about $35,000 in repairs. Page 3 Member Kelley, seconded by Member Blynder, moved in Case 414 -060, that the Code Enforcement Board recommends to the City Commission that the fine be reduced to $1,000 which includes the City's cost. Motion carried unanimously. Member Hopper, seconded by Member Kelley, moved to re -hear Case #15 -001, for request of reduction of fine. Motion carried unanimously. Case No. 15 -001 John Price Estate Electrical Services 492 Wurst Road Violation Cited: 1108 -22, 108 -19C Observation: People living in house without an active E 12/10/14 NOTICE OF CODE VIOLATION 01/07/15 STATEMENT OF VIOLATIONS 01/07/15 NOTICE OF HEARING 01/07/15 ALL DOCUMENTS SENT BY 01/27/15 COMPLIANCE ORDER 02/10/15 AFFIDAVIT OF NON COMPLIANCE 02/25/15 BOARD ORDER 02/25/15 ORDER IMPOSING FINE /LIEN 03/16/15 AFFIDAVIT OF COMPLIANCE 04/13/15 REQUEST FOR REDUCTION 04/16/15 ORDER IMPOSING FINE /LIEN 04/16/15 PROOF OF SERVICE Officer Siegrist lectric service and using generator for power. RE- INSPECTION DATE: 12/22/14 MEETING DATE: 01/27/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 12/20/2014 AS CITED. TO COMPLY BY 02/06/2015 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. OFFICER SIEGRIST IMPOSE FINE AS OF 02/17/2015 MEETING DATE: 04/28/15 TOTAL DUE $5,200.00 CERTIFIED MAIL Officer Siegrist presented the case and gave its history. A re- inspection of the property was conducted on March 16, 2015, and resulted in compliance. The total City's cost is $861.66, plus the accrued fine of $5,200. Claudie Montes, of Florida Dream Real Estate, said she is the leasing agent of the property and as soon as they were in possession of the property, they were able to remove all of the trash within the property. The bank paid $3,600 for the removal of all the trash inside the property. The property was in non - compliance from February 10 through March 16 Member Osborne, seconded by Member Hopper, moved in Case #15 -001, that the Code Enforcement Board recommends to the City Commission that the fine be reduced to $1, 000, which includes the city's cost of $861.66 Motion carried unanimously. Member Kelley, seconded by Member Hopper, moved to re -hear Case #14 -085, for request of reduction of fine. Motion carried unanimously. Case No. 14 -085 Dona J Kennington 1515 Jemima Avenue Officer Loeffler Violation Cited: 115 -5, 54- 3A(1), 108- 23i,J,Q, Observation: Overgrown/tall weeds and grass. Broken and shattered window glass (2 windows). Dilapidated falling chain link fence. No address numbers displayed on building or mailbox. 08/25/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09/17/14 10/16/14 STATEMENT OF VIOLATIONS Page A.