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Home My WebLink AboutItem # 19 Request for Reduction of Fine and Release of Lien Case No. 05-071 AGENDA ITEM COVER SHEET Meeting Date: November 7, 2006 Item # 19 Contact Name: Contact Number: Edward Loeffler (407) 905-3104 Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 05-071, Ocoee Equities, LLC and Matthew J. Falconer Background Summary: The property was observed as having overgrown grasslweeds within required landscape areas; miscellaneous trash and debris; the sign was dilapidated; and the waste container gates were left open and not maintained. A lien was placed on this property from a code enforcement board case. This fine accrued from September 27, 2005 until September 11, 2006. The property was brought into compliance on September 11, 2006. The total amount of the fine is $87,250.00. The Respondent is requesting that all fines be waived and the lien released. Issue: Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case No. 05-071 established on June 24, 2005, at 10570 West Colonial Drive? Recommendations: The Code Enforcement Board recommended a reduction of fines to $63,000.00 if paid within 30 days of City Commission approval or it will revert back to the $87,250.00. It is staffs recommendation to support the decision made by the Code Enforcement Board. Attachments: Request for Re-Hearinq/Reduction of Fine Form and Affidavit of Compliance Form. Financial Impact: A waiver of all fines as requested by the Respondent would not compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an "x'J Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's De/Jt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk -1L Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~;;?' X N/A X N/A N/A -- City Manager Robert Frank center of GOOd L . ~'<# ~ ",,<> 8f()f6. Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: FROM: The Honorable Mayor and City Commissioners Edward Loeffler, Code Enforcement Supervisor ~. C.'- . DATE: October 27, 2006 RE: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 05-071, Ocoee Equities, LLC and Matthew J. Falconer ISSUE Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case No. 05-071, 10570 West Colonial Drive? BACKGROUNDIDISCUSSION On June 24, 2005, Code Enforcement Supervisor Edward Loeffler observed violations of city code on the property located at 10570 West Colonial Drive. The violations observed were overgrown grass/weeds within required landscape areas/un-maintained required landscaping; Turf/grass damaged outside of the retaining wall; Retaining wall covered with black stains/mold; Misc trash and debris littering property and solid waste container areas; Solid waste container gates left open and visible from store front and parking areas; Sign damaged. A notice of code violation was sent to the property owner on June 27, 2005. A reinspection of the property on August 3, 2005, revealed the property remained in non-compIiance. A Notice of Hearing was sent to the property owner to appear at the Code Enforcement Board on August 23,2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until September 26, 2005 to comply or pay a fine of $250.00 per day until the property was brought into compliance. The property was reinspected on September 27, 2005 and found in non-compliance. An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on September 27, 2005. The fine accrued daily until the property was inspected on September 11,2006 and found in compliance. The total amount of the fine is $87,250.00. I ~.r, ( ( CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE .OCOEE, FLORIDA 34761 CEB Case No. tJS,tJ71 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 out 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 !X] Request for Reduction of Fine Property Owner's Name IJt ~ 1.& . ~J/"Yi~ Property Address IO':i70 ~ t4f!.i/ /)11 t?1'~' (/I ) tf 761 Phone Number where you can be reached during tbe day? f/tJ7- (j;5lJ- q/O{) Is the property now in compliance/Yes _No (if no, explain in detail) If the property owner is unable to complete 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 CBB Meeting ghJhJ Compliance Date Specified by Board crhb/PY Penalty Issued by Board t J5l> ,/)u .tio1r . You are encouraged to attend the next Board meeting on the date scheduled so that you can he present while your request for a re-Ilearing or fllle reduction is considered If you are present, and tI,e 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 suhsequellt date for whiell you will be provided lIotice at a later date. If you are not present you will be notified of tlte Board's decision on whether or not to grant you a re- hearing, and If a re-hearing is granted, you will be notifledfOl,your re-hearing. You are encouraged to hring any evidence for Board cOllslderation witll you. . Page 1 of2 ., (' ( I, fY/a if A e tV ;; InN! fl'. do hereby submit this Petition in request for a [ ] Re- Hearing or [fJ Reduction of fine and in support offer the following new evidence: tlu ()1:UL~ ~ Date: ur/.:J 7 /0 b Signed: Page 2 of2 ( '( .. CODE ENFORCEMENT BOARD OF THE CITY OF OCOEE, FLORIDA CASE NO. 05~071 CITY OF OCOEE, Petitioner, v. Ocoee Equities, LLC and Matthew J. Falconer, Respondent, / AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF ORANGE Before the undersigned authority this date personally appeared E. I"oeffler, who, being first duly sworn, deposes and says: 1. I am the Code Enforcement Officer for the City of Ocoee, Florida, and have personal knowledge of the facts set out below. 2. On September 23, 2005, the .Code Enforcement Board held. a public hearing and issued its Order in this matter, pursuant to which Respondent was to have taken cOlTective action by September 26,2005. 3. I have conducted a re-inspection of the property where the violation(s) existed, and I found that as of September 11, 2006, the corrective action ordered by the Code Enforcement Board has been taken. BY:~ , . Affiant . ,I d before me this 19th day of September 2006, by Edward Loeffler, [X] personally i,-v -1\ Carmen 0 Ramos \. ~i My Commission 00293894 0, ".0 Expires May 29. 2008 By: Notary Public Print Name: Carmen D. Ramos State of Florida at Large (Notary Seal)