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HomeMy WebLinkAboutItem VII (B) Request for Reduction of Fine/Lien on Doce Enforcement Board Case #94-19- Maria Vela Agenda 09-07-04 Item VII.B. ire Center of Good LI s.rt.ly\It' CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 27, 2004 Meeting Date: September 7, 2004 Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 94-19 Maria Vela Issue: Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case No. 94-19 Maria Vela located at 4 Sundial Key Drive Ocoee Florida? Recommendation: The City Code Enforcement Board at it's August 24, 2004, meeting heard the request to reduce the fine and release the lien. It is the Board's recommendation that the fine be reduced to $3,000.00 based on a proposal of the then City Manager and the City Attorney's office, provided the fine is paid within 30 days following final determination by the City Commission. Background Summary: The original action came before the Code Enforcement Board on July 26, 1994, as a result of failing to remove a condemned mobile home from the property. Subsequently, the Code Enforcement Board order was not complied with resulting in a fine being assessed in the amount of$250.00 per day that accrued to approximately $367,500.00 plus interest and cost totaling $401,483.13 as of November 9, 1999. The city filed foreclosure action through further legal action in July 1999. The court later issued final judgment to the City for fines, cost, attorney's fees and interest. The City elected not to proceed with the sale of the property and withdrew the suit against Maria Vela and did not offer the property for sale. The current owners, George and Isabel Marsh, were notified in January 2002 of the amount of the judgment by the city attorney's office. In May 2004 after a discussion with the city attorney's office, I informed Mr. Benton that the City would settle for$3,000.00 and I was told that was too much. Fiscal Impacts: A reduction of fine will reduce projected revenues. The amount recommended does not cover the actual cost and interest associated with prosecuting the case. Any further reduction would not recover even a portion of the actual monies spend by the city. Commission Action: Reviewed by City Manager Reviewed by City Attorney /!4 N/A Reviewed by Finance ,,lig N/A( Reviewed by N/A Mayor Center of Good r,y Commissioners S. Scott Vandergrift Danny Howell, District 1 Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Robert Frank — Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: James A. Phelps, Building Official DATE: August 26, 2004 RE: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 94-19 Maria Vela ISSUE Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case No. 94-19, Respondent Maria Vela, property identified as Lot 4, Block A, Pioneer Key Park II, 4 Sundial Key Drive Ocoee, Florida? BACKGROUND/DISCUSSION The original action came before the Code Enforcement Board on July 26, 1994, as a result of failing to remove a condemned mobile home from the property. Subsequently, the Code Enforcement Board order was not complied with resulting in a fine being assessed in the amount of $250.00 per day that accrued to approximately $367,500.00 plus interest and cost totaling $401,483.13 as of November 9, 1999. The city filed foreclosure action through further legal action in July 1999. The court later issued final judgment to the city for fines, cost, attorney's fees and interest. The City elected not to proceed with the sale of the property because it would be only part owner of the property and withdrew the suit against Maria Vela and did not offer the property for sale. The current owners, George and Isabel Marsh, obtained the property through a tax deed and were notified in January 2002 of the amount of the judgment by the city attorney's office. In May 2004 after a discussion with the city attorney's office, I informed Mr. Benton the City would settle for$3,000.00 and I was told that was too much. RECOMMENDATION At the August 24, 2004, meeting, the City Code Enforcement Board heard the request to reduce the fine and release the lien. It is the Board's recommendation that the fine be reduced to $3,000.00 based on a proposal of the then City Manager and the city attorney's office, provided the fine is paid within 30 days following the final determination by the City Commission.