Loading...
HomeMy WebLinkAboutItem #14 Code Enforcement Reduction of Fine/Lien for Hatley Partners, LLC - 716 Kellys Cove Y 40..ZP Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 18, 2016 Item # /4 Reviewed By: e Contact Name: Doug Gaines Department Director: Contact Number: 407-905-3100 ext 1503 City Manager: Subject: Code Enforcement Reduction of Fine/Lien for Hatley Partners LLC re: 716 Kellys Cove. (District 2 Commissioner Rosemary Wilsen) Background Summary Beginning in March 2016, this property was the subject of multiple state, county and municipal law enforcement actions involving under-cover agent narcotic purchases, raids and subsequent searches. The impact on the neighborhood and the overall health of the city was extensive, creating an environment of visual blight and personal fear. The scope of code violations escalated from routine to encompassing criminal activity as a nuisance and menace to the public health safety and welfare. On March 22, 2016, the Code Enforcement Board, in Case 16-012, found the property in violation and set a fine of $250.00 per day per violation. An affidavit of compliance issued on August 12, 2016 signified the end of criminal activity, including drug use, sales, storage and delivery returning the residential character back to the neighborhood. Issue: There is a fine/lien in the amount of $58,750.00 associated with the property. The city lien reduction program formula provides for one of the following: 1. 85% discount of the total fine to $8,813.00, 2. 15% of the property market value according the Property Appraiser, which is $26,061 3. If 1 and 2 is greater than $5,000, which they are, the program caps at$5,000 Hatley Partners LLC is seeking a fine amount lower than the $5,000.00 provided by the city lien reduction program. Recommendations: The Code Enforcement Board denied a further reduction than allowed by the lien reduction program. Staff supports the recommended reduced fine of$5,000. Attachments: Lien Reduction Program calculated amount. Financial Impact: The city would receive $5,000.00 via the lien reduction program. This would help recover the cost of years of police department and code enforcement visits/actions. Type of Item: (please mark with an "x) Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution X Regular Agenda X Commission Approval X Discussion&Direction 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 0 N/A 2 716 Kellys Cove 2016 Capped Fine 85% Discount Property Mkt. Value* 15% of Value Amnesty Amount $58,750 $8,813 $173,739 $26,061 $5,000 City Abatement $ - Total $ 5,000.00 *from Orange County Property Appraiser's website Vice-Chairman Carrington, seconded by Member Kelley, moved to hear Case #16-012, for reduction offine. Motion carried unanimously. Case No. 16-012 HATLEY PARTNERS, LLC 716 Kelley's Cove Officer Loeffler Violation Cited: ARTICLE IV 108-35, 115-3 Observation: Conditions constituting a nuisance to the public health, safety and welfare. On-going, irreversibly already occurred and prior history of activity and conditions that endanger the health, safety and welfare of the neighborhood, the residents and general public effecting the overall welfare of the city and changing the safe character of a residential area. The use, sale of, abuse and storage of heroin and methamphetamines, misc. junk, debris and trash littering the property, broken window glass,tall weeds and grass,inoperable and missing smoke detectors,unnavigable blocked garage passage and egress and a back fence gate opening to Florida Central Railroad habitually used by foot and bike traffic engaged in the purchasing and use of heroin and methamphetamines. All conditions presenting a nuisance to the public health, safety and welfare and creating a blighted effect upon the neighborhood and the city. SPECIFIC TO THIS VIOLATION NOTICE: Ocoee ordinances 108-3 define a Public Nuisance as(1)any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of Florida or ordinances of the City of Ocoee. Florida Statute 823.10 Place where controlled substances are illegally kept,sold,or used declared a public nuisance. 03/09/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/11/16 03/09/16 STATEMENT OF VIOLATIONS 03/09/16 NOTICE OF HEARING MEETING DATE: 03/22/16 03/09/16 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 03/22/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED: ARTICLE 108-35, 115-3 ON 03/02/16. TO COMPLY IMMEDIATELY OR FINE OF $250.00 PER DAY PER VIOLATION. AUTHORIZE CITY TO ALLEVIATE THE NUISANCE/VIOLATIONS AND ADD COSTS TO FINE. 06/27/16 AFFIDAVIT OF NON COMPLIANCE 08/12/16 AFFIDAVIT OF COMPLIANCE OFFICER LOEFFLER 08/18/16 ORDER IMPOSING FINE $58,750.00 09/12/16 REQUEST FOR REDUCTION MEETING DATE: 09/27/16 Officer Loeffler presented the case and gave its history. He stated that the owner is requesting a lower reduction than what the Amnesty Reduction Program offers. The Officer explained that the program proposes a minimum reduction of $5,000. The ongoing nuisance involved on the property has had a negative effect on the City. Staff is requesting the fine of$5,000 to remain the same, due to the countless law enforcement visits, city abatements and ongoing nuisance to the neighborhood. Mayor Johnson stated he would like to speak in regards to this house. He explained this property has been nothing but trouble for the past few years. The Mayor, as well as our citizens, are relieved to have this issue straightened out. It is worth our time and efforts as a City to consider an additional reduction for the property owner, who was able to bring this house into compliance. It has been a pleasure for the citizens to see this ongoing nuisance come to an end. Brannon Rue, owner of the property, stated he purchased this property at the public auction in June of this year. It took him several months to have the previous owners removed from the property. After many un-anticipated legal fees to remove the previous owners, they were able to begin a complete renovation inside and outside of the property. His goal has been to restore the home as well the neighborhood, and to ultimately re-sell the property once the renovation is finally complete. He is hoping the City will consider lowering the cost of the fine to compensate for the additional costs and attorney fees he endured, as well as his time and efforts that have been put into this property. Member Osborne, moved in Case #16-012, to recommend the fine be reduced to $2,500. Motion failed due to lack of second. Member Odom, seconded by Vice-Chairman Carrinjiton, moved in Case #16-012, that the fine be set at$5,000. Motion carried unanimously.