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HomeMy WebLinkAboutItem #06 Request for Reduction of Fine and Release of Lien center of Good L ' ~ AGENDA ITEM COVER SHEET Meeting Date: November 21,2006 Item # ~ Contact Name: Contact Number: Ralph W. Jones III (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: 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 grasslweeds within required landscape areas/un-maintained required landscaping; Turf/grass damaged outside of the retaining wall; Retaining wall covered with black stains/mold; Miscellaneous 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-compliance. 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. The attached synopsis outlines this case in more detail. The Code Enforcement Board imposed this fine due to the owner's continued negligence in correcting the poor appearance of the property. Issue: Should the Honorable Mayor and City Commission consider the property owner's request for 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 the property owner's request for 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 staff's recommendation to support the decision made by the Code Enforcement Board. Attachments: Request for Re-Hearinq/Reduction of Fine Form, Affidavit of Compliance Form, and City Code Enforcement Board Case #05-071 Synopsis. 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 marl< with an 'X'J Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerl<'s DeDt 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 ( ) /?7 - --- - X N/A X N/A N/A 2 CODE ENFORCEMffiNT BOARD CITY OF OCOEE 150 NORTH LAKE SHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. Os- !J7/ REQUEST FOR RE-HEARINGIREDUCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you are requesting a reduction of fme. 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 Property Owner's Name Property Address Phone Number where you can be reached during the day? t/O 7 - & 50 - Cj 10 () Is the property now in compliance ~Yes _No (ifno, 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 CEB Meeting g/;3/~) Compliance Date Specified by Board Q/;b/05 Penalty Issued by Board 1)53 ,/2P-1 dcur You are encouraged to attend the next Board meeting on the date scheduled so that you can be present while your request for a re-hearing or fine reduction is considered. If you are present, and the 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 subsequent date for which you will be provided notice at a later date. If you are not present you will be notified of the Board's decision on whether or not to grant you a re- hearing, and if a re-hearing is granted, you will be notifledfor your re-hearing. You are encouraged to bring any evidence for Board consideration with you. Page 1 of2 r I, (Y/a if I, e w fa /(1) 11 e I' , do hereby submit this Petition in request for a [ ] Re-Hearing or [f] Reduction of fine and in support offer the following new evidence: flu fl fucJuu), ~ Date: q/.; 7/0b Signed: -=--~-- ;// Page 2 of2 FALCON DEVELOPMENT September 27, 2006 City ofOcoee Appeal of code enforcement fines. This letter is to outline the request for a reduction of the fines assessed to a commercial property, Ocoee Commons. On October 12,2005 the property owner received an email from a Falcon employee regarding a letter that came from the City of Ocoee for fines assessed to the Ocoee Commons property. The email stated that all issues had been taken care of the previous week and a call had been placed to the city. The email also stated we were expecting to hear back from Carmen in Code Enforcement. That was the end of the email. It wasn't until another employee from Falcon contacted the city on the property owner's behalf to check on the letter of compliance that we found out that this matter was never resolved. At that time immediate steps were taken to clear this up and contact between Falcon and the city began again through Mr. Ed Loeffler. We built and strive to maintain a first class shopping center in Ocoee. We pay our property taxes, utility fees, impact fees and our current employees are working hard to maintain a decent and working relationship with the city of Ocoee. We would like to ask that the fmes be reduced to zero as previously stated the property owner thought this issue resolved the first week of October 2005 and no further communication came from the city of Ocoee to contradict this. REAL ESTATE DEVELOPMENT 4201 Vineland Rd. · Suite I-14 · Orlando, FL 32811 · Phone (407) 650-9100. FAX (407) 650-1999 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. Loeffler, 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 corrective 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:~ , ffi A lant " d before me this 19th day of September 2006, by Edward Loeffler, [X] personally :f~.~ Carmen D Ramos \~ ,; My Commission 00293894 t "<- ,,-o'i> Expires May 29. 2008 By: Notary Public Print Name: Carmen D. Ramos State of Florida at Large (Notary Seal) CITY OF OCOEE CODE ENFORCEMENT CASE # 05-071 The Code Enforcement Board received testimony and observed photographs demonstrating the blighted appearance of this property along the very important highway 50 corridor. Although concerned about the 30-day compliance time already provided by code officers, the Code Enforcement Board (C.E.B.) ordered an additional reasonable compliance time of 30 days; however, to ensure compliance with what appeared to be a un-interested and un-concerned behavior on the property owners part, the C.E.B. imposed the maximum daily fine amount permitted by state statute, $250" using the potential of the amount as a deterrent to the continued blighted appearance and to encourage swift compliance within the ordered time-frame. Although the daily fine amount of $250 per-day is often ordered by the C.E.B., non- compliance with this amount is rare. Of the hundred-plus violation notices sent out monthly by code officers, only a handful are presented before the C.E.B. for non- compliance. Non-compliance with C.E.B. orders is not typical. With a high 99% compliance rate, the $250 per day fine is a very effective abatement tool authorized and enacted by the State of Florida for just such a purpose. Per state statute, all initial violation notices sent out by code officers warn violators of a potential fine not to exceed $250 per day. The C.E.B. often uses this amount in cases involving non- compliance where a lengthy compliance time was already provided by code officers and complaints that reflect negatively on city government departments and standards. SYNOPSIS · JUNE 24, 2005: AFTER IffiCEIVING SEVERAL COMPLAINTS REGARDING THE CONDITION OF W AL-MARTS NEW STRIP MALL THE PROPERTY WAS INSPECTED. SCREENED WASTE CONTAINER STORAGE AREA WAS LITTERED WITH TRASH AND DEBRIS. THE ENCLOSURE GATES WERE STANDING OPEN AND TRASH WAS SCATTERED THROUGHOUT THE PROPERTY. THE DECORATIVE LANDSCAPE PLANTS HAD ALL PERISHED. LARGE AREAS OF GRASS LANDSCAPING WERE MISSING. WEEDS THROUGHOUT THE LANDSCAPED PARKING LOT ISLANDS AND PERIMETER AREAS TOWERED TO FOUR FEET IN HEIGHT. THE BLOCK RETAINING WALL VISIBLE FROM HIGHWAY 50 WAS COVERED WITH BLACK STAINS AND MOLD. (ADJACENT PROPERTIES WITH RETAINING WALLS MAINTAINED IN MOLD AND STAIN FREE CONDITION) THE STUCCO MONUMENT SIGN WAS DAMAGED; THE TOP PORTION BROKEN- OFF AND LAYING NEXT TO THE SIGN. AT THIS TIME PROPERTY OWNERSHIP AND APPLICABLE CODES WERE RESEARCHED, · JUNE 27, 2005: A NOTICE OF VIOLATION WAS SENT OUT TO OCOEE EQUITIES LLC AND MR. MATHEW J. FALCONER. (NOTE: MR. FALCONER IS NOT REPRESENTED BY A REGISTERED AGENT. INSTEAD HE IS ACTING AS A SELF REGISTERED AGENT REGARDING DUE-PROCESS AND NOTIFICATION) DUE TO THE PHYSICAL NATURE OF LANDSCAPING REPLACEMENT THE VIOLA TION NOTICE PROVIDED THE ONWER(S) A REASONABLE 30-DA Y COMPLIANCE WINDOW. THE VIOLATION NOTICE COMPLIANCE DATE BEING JUL Y 30, 2005. THE VIOLATION NOTICE WAS NOT RETURNED BY THE POSTAL SERVICE. . JULY 7, 2005: UNIDENTIfIED PERSON FROM OCOEE EQUITIES LLC LEFT MESSAGE THAT CORRECTIVE ACTION WAS GOING TO START. ON THIS DATE A DRIVE-BY OBSERVATIONAL INSPECTION REVEALED NO COMPLIANCE ACTIVITY. . AUGUST 3, 2005: OBSERVED. PROPERTY RE-INSPECTED AND NON-COMPLIANCE · AUGUST 8, 2005: STATEMENT OF VIOLATIONS AND NOTICE OF HEARING, TO THE AUGUST 23 CODE ENFORCEMENT BOARD MEETING WAS SENT OUT CERTIFIED DELIVERY. THE CERTIFIED DELIVERY WAS SIGNED FOR ON AUGUST 15, 2005. · AUGUST 23, 2005: THE CASE WAS PRESENTED TO THE C.E.B. DURING TESTIMONY THE C.E.B. WAS SHOWN PHOTOGRAPHIC EXHIBITS CONVEYING THE CONDITION OF THE PROPERTY AND THE RELATED BLIGHTED APPEARANCE AND IMPACT ON THE AREA. UNDERSTANDING THE COMPLICATIONS OF REPAIRING LANDSCAPING THE C.E.B. ORDERED AN ADDITIONAL 30-DAY COMPLIANCE WINDOW PROVIDING THE OWNER(S) UNTIL SEPTEMBER 26, 2005 TO COMPLY WITH THE CODES AS CITED OR BE FINED $250 PER DAY. IMPORTANT NOTE: A LETTER WAS SENT TO OCOEE EQUITIES LLC & MR. FALCONER DESCRIBING, ~-DETAIL, THE C.E.B. ORDERS. THE LETTER WAS NOT RETURNED TO THE CITY AS UNDELIVERED. · SEPTEMBER 27, 2005: REINSPECTION OF PROPERTY REVEALED NON- COMPLIANCE. AFFIDAVIT OF NON-COMPLIANCE SIGNED AND SUBMITTED AND THE C.E.B. IMPOSED THE FINE OF $250 PER DAY. IMPORTANT NOTE: A LETTER WAS SENT DETAILING NON-COMPLIANCE, THE C.E.B. FINDINGS AND THE ORDER IMPOSING THE FINE. THE LETTER WAS NOT RETURNED TO THE CITY AS UNDELIVERED. . OCTOBER 12, 2005: THE CODE ENFORCEMENT CLERK RECEIVED A CALL FROM OCOEE EQUITIES LLC STATING THAT THE GRASS HAD BEEN MOWED, A MAINTENANCE COMPANY WILL BE HIRED, SIGNAGE NOT YET REPAIRED. THE PROPERTY WAS INSPECTED AT THIS TIME. THE 4' WEEDS HAD BEEN MOWED / REMOVED HOWEVER, THE LANDSCAPED AREAS WERE STILL WEED- INFESTED, THE DECORATIVE PLANTS MISSING AND DEAD, TRASH LITTERING THE PROPERTY, THE HWIGHWAY 50 VISIBLE RETAINING WALL STILL MOLD- COVERED AND THE MONUMENT SIGN STILL DAMAGED / BROKEN. . APRIL 12,206: CLERK RAMOS RECEIVED A LETTER, DATED APRIL 10, 2006, FROM FALCON DEVELOPMENT. THE LETTER CONVEYED INFORMATION THAT MR. FALCONER WAS UNDER THE ASSUMPTION THAT THE PROPERTY WAS IN- COMPLIANCE BASED ON INFORMATION FROMONE OF HIS FORMER EMPLOYEES. . APRIL 14, 2006: CLERK RAMOS SPOKE WITH CHARLOTTE MANLEY WITH FLACON DEVELOPMENT AND ELECTRONICALLY SENT CASE FILES AND PHOTOS TO SAME. . APRIL 17,2006 CHARLOTTE MANLEY SPOKE WITH SUPERVISOR LOEFFLER REGARDING COMPLIANCE REQUIREMENTS. . JULY 18, 2006: A CONTRACTOR ARRIVED AT THE BUILDING DEPARTMENT. DISCUSSED SIGN ISSUE WITH THE BUILDING OFFICIAL. . THROUGHOUT JULY CODE SUPERVISOR LOEFFLER MONITORED THE PROPERTY BUT OBSERVED NO COMPLIANCE ACTIVITY. . AUGUST 28, 2006: CODE ENFORCEMENT SUPERVISOR MET WITH REPRESENTATIVES OF FALCON DEVELOPMENT AT THE LOCATION AND SPECIFIED REQUIRED ACTION(S) FRO COMPLIANCE. . SEPTEMBER 11, 2006: \AT THE PROPERTY OWNERS REQUEST, CODE SUPERVISOR LOEFFLER RE-INSPECTED THE PROPERTY AND OBSERVED FULL- COMPLIANCE. THE SIGN REPAIRED, MOLD/STAINED RETAINING WALL CLEAN, TRASH AND LITTER CONTAINED TO WASTE CONTAINERS, WASTE CONTAINER GATES CLOSED, NEW GRASS AND REQUIRED DECORATIVE PLANTS REPLACED. . SEPTEMBER 26, 2006: CLERK RAMOS RECEIVED AN E-MAIL FROM SUE THEODORE, PROPERTY MANAGER FOR FALCON DEVELOPMENT. THE E-MAIL CONVEYED THAT NON-COMPLIANCE WAS THE RESULT OF A FORMER EMPLOYEE. THE E-MAIL FURTHER REQUESTED INFORMATION ON RE- HEARING / C.E.B. FINE REDUCTION PROCEDURES. . SEPTEMBER 29, 2006: THE CITY RECEIVED AN OFFICIAL REQUEST FOR RE- HEARING / FINE REDUCTION. . OCTOBER 24, 2006: THE CODE ENFORCEMENT BOARD REVIEWED THE CASE AND LISTENED TO TESTIMONY. THE C.E.B. INQUIRED AS TO WHY THE PROPERTY OWNER WAS NOT PRESENT AND AS TO HIS RESIDENCY AND OFFICE LOCATION. IT WAS TESTIFIED AS BEING LOCAL / WEST ORANGE COUNTY. THE C.E.B. AFTER TWO MOTIONS, VOTED TO RECOMMEND FINE REDUCTION FOR THE TIME IN-WHICH MR. FALCONERS NEWEST REPRESENT A TIVE WAS ABLE TO BRING THE PROPERTY INTO COMPLIANCE. ANALYSIS: . THE PROPERTY REMAINED IN A BLIGHTED CONDITION FOR A LONG PERIOD OF TIME REFLECTING NEGATIVELY ON BOTH WALMART AND THE CITY OF OCOEE. . CODE ENFORCEMENT CONTINUED TO RECEIVE COMPLAINTS REGARDING THE CONDITION OF THIS PROPERTY THROUGHOUT THE NON-COMPLIANCE TIME-FRAME INCLUDING COMPLAINTS WHERE THE ASSUMPTION THAT W ALMART OWNED THE PROPERTY EXISTED. . THE CODE ENFORCEMENT BOARD EXPRESSED CONCERN THAT MR. FALCONER RESIDES AND MAINTAINS AN OFFICE LOCALLY AND SHOULD HAVE NOTICED HIS RETAIL PROPERTY CONDITION. Damaged I dilapidated sign 06-24-05 OfficerlSupv. Edward Loeffler City of Ocoee Code Enforcement 10570 W. Colonial Dr. OCOEE EQUITIES, LLC 4403 VINELAND ROAD 8-15 ORLANDO FL 32811 Trash, debris. Screened dumpster structures facing the parking lot & store fronts with gates left open. 06-24-05 Weeds in landscape 6-24-05 Weed growth next to sign Weed growth landscape areas