HomeMy WebLinkAboutItem #13 Code Enforcement Reduction of Fine/Lien by Edgar Bean Jr. on behalf of Deusche Bank National Trust Co. Trustee regarding 115 Hopewell DriveY
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AGENDA ITEM COVER SHEET
Meeting Date:
June 16 , 2015
Item # is
Contact Name: Doug Gaines
Contact Number: 407 - 905 -3100 ext 1503
Reviewed By.
Department Director:
City Manager:
Subject: Code Enforcement Reduction of Fine /Lien by Edgar Bean Jr. on behalf of Deusche
Bank National Trust Co. Trustee regarding 115 Hopewell Dr. (District 1 Commissioner John
Grogan)
Background Summary:
CASE 12 -194
This case involved a vacant property with miscellaneous trash /debris. These were conditions constituting an
attractive public nuisance to the public health, safety and welfare. The property owner, Akpinar Esma Ipek, was
cited on September 6, 2012 by Code Officer Robert Siegrist. The code in violation was: 115 -3 Prohibited Act
Nuisance. On October 23, 2012, the Code Enforcement Board issued an order to comply by November 5, 2012
or be fined $250.00 per day. On November 27, 2012 the Code Enforcement Board imposed fine and lien for
non - compliance. The violation was found in compliance on May 21, 2014.
Issue:
Deusche Bank, the new property owner, is requesting the fine /lien amount of $143,750.00 be reduced to
facilitate a traditional sale to contract pending buyers.
Recommendations:
On May 26, 2015 the Code Enforcement Board re- opened the case. The board recommends that the
$143,750.00 fine /lien be reduced to the City's cost of $1,016.00.
Attachments:
Code Enforcement Board meeting minutes.
Financial Impact:
The City would not collect the levied fine of $143,750.00. The City would recover the $1,016.00 expended on
this case.
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. N/A
Reviewed by () N/A
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Vice - Chairman Lowery, seconded by Member Carrington, moved that the supplemental consent agenda be
accepted as presented. Motion carried unanimously.
COMMENTS FROM CITIZENS
None.
Member Hopper, seconded by Member Kelley, moved that Cases 912 -194 and #15 -058 be moved to the
beginning of the agenda and then revert back to the original agenda. Motion carried unanimously,
Member Carrington, seconded by Vice - Chairman Lowery, moved to re -hear Case #12 -194, for request o�
reduction of fine. Motion carried unanimously.
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:
ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, ATF- 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, OIF -L- ORDER IMPOSING FINE -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER
OF CONTINUANCE,, ORF — 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
Case No. 12 -194
Akpinar Esma Ipek
115 Hopewell Drive Officer Siegrist
Violation Cited: 115 -3
Observation: WEED /GRASS OVER 10 ". ALSO MISC. TRASH/DEBRIS ON PROPERTY.
09/06/12
NOTICE OF CODE VIOLATION
10/03/12
STATEMENT OF VIOLATIONS
10/03/12
NOTICE OF HEARING
10/03/12
PROOF OF SERVICE
10/12/12
PROOF OF POSTING
10/23/12
COMPLIANCE ORDER.
11/06/12
AFFIDAVIT OF NON - COMPLIANCE
11/27/12
BOARD ORDER
11/27/12
ORDER IMPOSING FINE/LIEN
11/30/12
PROOF OF SERVICE
01/07/13
AFFIDAVIT OF NON COMPLIANCE
03/06/13
AFFIDAVIT OF NON COMPLIANCE
05/07/13
AFFIDAVIT OF NON COMPLIANCE
07/15/13
AFFIDAVIT OF NON COMPLIANCE
08/16/13
AFFIDAVIT OF NON COMPLIANCE
11/18/13
AFFIDAVIT OF NON COMPLIANCE
01/21/14
AFFIDAVIT OF NON COMPLIANCE
03/21/14
AFFIDAVIT OF NON COMPLIANCE
05/21/14
AFFIDAVIT OF COMPLIANCE
05/23/14
ORDER IMPOSING FINE/LIEN
05/27/14
PROOF OF SERVICE
RE- INSPECTION DATE: 09/24/12
MEETING DATE: 10/23/12
REG. & CERTIFIED MAIL
FOUND IN COMPLIANCE AS OF 09/21/12
FOR CODES 115 -5. IN NON - COMPLIANCE
FOR CODE 115 -3 AS OF 10/23/12. TO COMPLY
BY 11/05/12 OR FINE OF $250.00 PER DAY UNTIL
IN COMPLIANCE.
IMPOSE FINE AS OF 11/06/12
CERTIFIED MAIL
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TOTAL DUE $143,750.00
CERTIFIED MAIL
05105115 REQUEST FOR REDUCTION MEETING DATE: 05/26/15
Officer Siegrist presented the case and gave its history. Property was presented at the October 23, 2012
meeting. At that time, they were found in non - compliance and given until November 5, 2012 to comply, or
be fined $250 per day. As of May 21, 2014, they were given an affidavit of compliance with the total fine as
of May 23, 2014, is $143,750.00 and the City's cost is $1,015.13.
Mr. Eddie Bean, representative of the property, explained his company received the property from the bank
due to foreclosure in April 2014 to bring the property back into compliance, so they could get the property
on the market to sell. He stated the property was in compliance within 60 days of the initial citation and they
have continued to maintain the property to this day. Mr. Bean is requesting the fine to be reduced to the
City's cost of $1,015.13.
Member Kelley, seconded by Member Hopper, moved that in Case #12 -194, that the Code Enforcement
Board recommends to the City Commission that the fine be reduced to City's cost of $1,015.13. Motion
carried 6 -1 with Member Carrington dissenting.
Case No. 15 -058 Juan Manuel & Ramiro Rodriguez
1401 Samantha Street
Officer Siegrist
Violation Cited: 168 -6 A &B (1)
Observation: Misc. One (1) Lincoln Navigator/ SUV/ purple/ FL tag/ parked on back yard lawn/grass /dirt.
04/30/15
NOTICE OF CODE VIOLATION RE- INSPECTION DATE: N/A
04/30/15
STATEMENT OF VIOLATIONS
04/30/15
NOTICE OF HEARING MEETING DATE: 05/26/15
04/30/15
ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL
Officer Siegrist presented the case and gave its history. This was a citizen complaint and is an occupied
property. On April 301h, he observed a Lincoln navigator parked in the back yard on an unapproved service
and presented exhibits displaying the violation on the property. The officer also stated this is a repeat
violation.
Juan Rodriguez, owner of the property, stated he currently has tenant's that are residing on the property.
He explained the fence had been knocked down and he advised the occupants not to park vehicles in the
back of the property. The owner plans to have the gate fixed to eliminate the violation from happening in the
future.
Member Hopper, seconded by Member Kelley, moved in Case 915 -058, the respondent be found in repeat
violation as cited as of April 30, 2015, and be found in compliance as of May 15, 2015, and no fine to be
assessed at this time. Motion carried unanimously.
Case No. 15 -059 Karen Brown
452 S Bluford Avenue Officer Loeffler
Violation Cited: 115 -5, 108 -35, 115 -3
Observation: Dangerous public nuisance and attractive nuisance conditions. Tall weeds and grass within one block of an public
middle and elementary school involving student, pedestrian and motorist visibility and line -of -sight safety issues at corner and
upon sidewalk and right -of -way. Attractive nuisance conditions to juveniles and criminals.
04/16/15 NOTICE OF CODE VIOLATION
05/12/15 STATEMENT OF VIOLATIONS
05/12/15 NOTICE OF HEARING
RE- INSPECTION DATE: REPEAT VIOLATION
MEETING DATE: 05/26/15
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