HomeMy WebLinkAboutItem #07 Code Enforcement Reduction of Fine/Lien for Srmof II 2012-1 Trustocoee
florldo
AGENDA ITEM COVER SHEET
Meeting Date: July 21, 2015
Item # 7
Contact Name: Doug Gaines
Contact Number: 407 - 905 -3100 ext 1503
Reviewed By. '
Department Director:
City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for Srmof II 2012 -1 Trust, C /O: Quintairos
Prieto Wood Boyer PA. re: 292 Sabinal Street. (District 3 Commissioner Rusty Johnson)
Case 15 -033
Background Summary
This property was cited on February 17, 2015 by Officer Carmen Delgado for deterioration of the existing fence.
The fence in the back of the property was lying on the ground, and the windows at the back porch were open
and accessible. The codes in violation were §95 -3, Fence Maintenance and §115 -3, Prohibited Acts; Care of
Premises. On March 2, 2015 the Code Enforcement Board issued an order to comply by April 3, 2015 or be
fined $150.00 per day per violation. On April 6, 2015 the Code Enforcement Board imposed the accruing fine
and lien as of April 4, 2015 for non - compliance of 95 -3 and 115 -3. Srmof II 2012 -1 Trust, purchased the
property on November 10, 2014 and brought the property into compliance as of June 5, 2015. The property is
being maintained.
Issue:
Matthew Krueger, Vice President at Meridian Asset Services, appeared before the Code Enforcement Board on
June 23, 2015 and requested a reduction of the fine /lien amount of $18,300.00, plus City's cost of $704.00
totaling $19,004.00.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $704.00, the city's cost. The
decision by the Board to reduce the amount was based on testimony and answers from Matthew Krueger and
city staff.
Attachments:
Code Enforcement Board meeting minutes.
Financial Impact:
The city would be paid its costs of $704.00.
Type of Item: (please mark with an `x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
For Clerk's Dept Use:
Consent Agenda
Public Hearing
x Regular Agenda
X Discussion & Direction
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 ()
2
N/A
N/A
N/A
15 -067 Elizabeth Caswell 6826 Millstream Road
15 -069 Linda Gaddis 603 Sherwood Oaks Circle
Margaret Gaddis
Vice - Chairman Carrington, seconded by Member Kelley, moved that the supplemental consent agenda be
accepted as presented. Motion carried unanimouslL .
COMMENTS FROM CITIZENS
None.
Other Business
Vice - Chairman Carrington, seconded by Member Kelley, moved to re -hear Case 415 -033, for request of
reduction o Motion carried unanimouslE.
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. 15 -033
Srmof 11 2012-1 Trust C/O
Quintairos Prieto Wood Boyer PA
292 Sabinal Street Officer Diaz
Violation Cited: 95 -3, 115 -3
Observation: Deteriorated of existing fence. Fence in back of property is down and windows in back
of property are open and accessible to vandalism.
02/17/15
NOTICE OF CODE VIOLATION
03/05/15
STATEMENT OF VIOLATIONS
03/05/15
NOTICE OF HEARING
03/05/15
ALL DOCUMENTS SENT BY
03/24/15
COMPLIANCE ORDER
04/06/15
AFFIDAVIT OF NON - COMPLIANCE
04/28/15
IMPOSE FINE AS OF 04/04/2015
04/29/15
ORDER IMPOSING FINE/LIEN
04/30/15
PROOF OF SERVICE
06/04/15
AFFIDAVIT OF NON - COMPLIANCE
06/05/15
AFFIDAVIT OF COMPLIANCE
06/15/15
ORDER IMPOSING FINE/LIEN
06/15/15
PROOF OF SERVICE
06/16/15
REQUEST FOR REDUCTION
RE- INSPECTION DATE: 03/03/15
MEETING DATE: 03/24/15
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS CITED ON
02/27/15. TO COMPLY BY 04/03/15 OR
FINE OF $150.00 PER DAY, PER VIOLATION
UNTIL IN COMPLIANCE. ALLOW CITY
TO ABATE PROPERTY AND ADD FEES
TO FINE.
CERTIFIED MAIL
TOTAL DUE $18,300.00
CERTIFIED MAIL
MEETING DATE: 6/23/15
Page 2
Officer Siegrist presented the case and gave its history. Property was presented at the March 24, 2015
meeting. At that time, they were found in violation and given until April 3, 2015 to comply, or be fined
$150 per day, per violation. As of April 6, 2015, they were given an affidavit of non - compliance and
approximately 61 days after, were found in compliance on June 5, 2015. Total amount of fine was $18,300,
with the City's cost in the amount of $703.37.
Mr. Matthew Krueger, Vice President of Meridian Asset Services, explained his company received the
property from the bank due to foreclosure in November 2014. The company hired a property management
company to diagnose the property and bring the property back into compliance, so they could get the
property on the market to sell. He stated as of December 16, 2015, the property was brought in compliance
to their standards by fixing the fence and taking care of the lawn maintenance. He also provided date -
stamped photos to the Board, and advised that their agents also post a sign in the window of the property
with contact information from the management company. Mr. Krueger requested the fine be reduced to the
City's cost of $703.37.
Code Enforcement Manager Doug Gaines advised the Board that they are not able to accept photos from
anyone who is not a City Representative.
Member Hopper, seconded by Member Osborne, moved that in Case #I5 -033, that the Code Enforcement
Board recommends to the City Commission that the fine be reduced to City's cost of $703.37. Motion
carried 4 -2 with Vice - Chairman Carrington and Member Kelley dissenting.
COMMENTS
Code Enforcement Manager Doug Gaines welcomes Member Odom to the Board, and congratulates
Chairman Darrell Lowery and Vice - Chairman Carrington for their reappointments.
Chairman Darrell Lowery comments on the packets that are provided to Board Members prior to the
meeting, and requests to have them left for collection after the meeting.
ADJOURNMENT
Meeting adjourned at 7:28 p.m.
ATTEST:
APPROVED:
Nichole DeRienzo, CEB Recording Clerk Darrell Lowery, Chairman
Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a
verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting.
Page 3