HomeMy WebLinkAboutItem VII (A) Request for Reduction of Fine and Release of Lien on Code Enforcement Board Case No. 93-09, Jerry L. Jones Agenda 08-17-04
Item VILA.
She Cater of Good L,jh
CITY OF OCOEE
AGENDA ITEM COVER SHEET
Date: August 9, 2004 Meeting Date: August 17, 2004
Subject: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 93-09
Jerry L. Jones
Issue: Should the Honorable Mayor and City Commission
consider a reduction of fines and release of lien on Code
Enforcement Board Case No. 93-09, Jerry L. Jones
located at 801 W. Harbour Court Ocoee Florida?
Recommendation: It is staff recommendation that a reduction in the fine
not be granted. However, if the City Commission feels
that a reduction of fine is warranted, staff recommends
that all cost and prejudgment interest awarded by the
court in the amount of$12,941.91 should be recovered.
Background Summary: This action was before the Code Enforcement Board as
a result of a safe sight triangle fence violation in 1993.
Subsequently, it went before the Code Enforcement
Board and was found in violation through which fines
accrued in the approximate total of $40,000.00. Mr.
Jones appealed the decision of the Code Enforcement
Board. Through further legal action, in December 1999,
the court issued two final judgments to the City
providing for fines, cost, attorneys fees and interest.
The City offered Mr. Jones a settlement stipulation that
was not accepted and according to the Finance
Department no payment has been made as of this date.
Fiscal Impacts: A reduction of fine would only effect revenues expected
to be generated. Any further reduction would be not
collecting actual monies spent by the city to process
this case which has been in excess of$10,000.00.
Commission Action:
Reviewed by City Manager
Reviewed by City Attorney /N/A
Reviewed by Finance N/A
Reviewed by N/A
Mayor Center of Good Liy Commissioners
S. Scott Vandergrift �b • 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 Commiss' ners
FROM: James A. Phelps, Building Official
DATE: August 9, 2004
RE: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 93-09
Jerry L. Jones
ISSUE
Should the Honorable Mayor and City Commission consider a reduction of fines and release of
lien on Code Enforcement Board Case No. 93-09, Jerry L. Jones located at 801 W. Harbour
Court Ocoee Florida?
BACKGROUND/DISCUSSION
It was alleged in January 1993 that Mr. Jones was in violation of the Land Development Code
pertaining to erecting a fence in the safe sight triangle creating a safety hazard at the intersection
of California Street and Orlando Avenue; copy of the drawing is attached. The solution to the
violation would have been to take down approximately 60 feet of the fence, relocate the posts to
create the diagonal section and reinstall the fence panels. However, Mr. Jones elected to dispute
the issue with the City which was carried on for several years. The Code Enforcement Board
heard the facts pertaining to the case and issued a finding of fact that the fence was in violation
and was required to be moved. Following the finding of fact, Mr. Jones appealed to the court that
ultimately found in favor of the City. During this course of time, the $25.00 per day fine
established by the Code Enforcement Board accrued to approximately $40,000.00 which the
Code Enforcement Board subsequently reduced to $20,000.00. During the years that this has
been in progress, Mr. Jones has demonstrated his unwillingness to cooperate with the City which
required continued legal activity. On October 4, 1999, final judgment was issued by the court
and awarded the City of Ocoee the sum of $20,000.00 in damages, the sum of $1,874.16 in
prejudgment interest and cost in the amount of$514.75. The total was for $22,388.91. It further
states that it shall bear interest at the rate of 10% per year (copy attached). Subsequent final
judgment on December 16, 1999, the court finds that the Plantiff is the prevailing party and is
entitled to recover it's reasonable attorney fees from the defendant. The court finds that the
Plantiff s attorney reasonably devoted 61 hours at $173.00 per hour. Based on the foregoing,
judgment is hereby entered in favor of the City of Ocoee in the sum of$10,553.00 which shall
bear interest at the rate of 10% per year (copy attached); for a total of$32,941.91 not including
interest.
In April 1999, the City of Ocoee offered to Mr. Jones a settlement agreement in the amount of
$28,592.75. It was the result of the $20,000.00 from the Code Enforcement Board Fine, a portion
of the taxable cost in the amount of$330.75 and a portion of the attorney fees totaling $8,262.00.
The offer provided for payment arrangements of an initial $2000.00 and $100.00 per month for
10 years. The remaining balance would be due 10 years and 1 month following the effective date
of the settlement stipulation. According to city records, the stipulation was not entered into and
as of this date no payments have been made. Therefore, the total amounts in the judgment plus
interest are due and payable to the City of Ocoee.
RECOMMENDATION
It is staff recommendation that a reduction in the fine not be granted. However, if the City
Commission feels that a reduction of fine is warranted, staff recommends that all cost and
prejudgment interest awarded by the court in the amount of$12,941.91 should be recovered.
CODE ENFORCEMENT BOARD
CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OCOEE,FLORIDA 34761 q
CEB Case No. 13�Q 1
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 Request for Reduction of Fine
Property Owner's Name '"-E-kie Y /
Property Address $r( W. 1L9-RBOCIA e`� D Co E::-E"E. — L 3 5'7 f/
Phone Number where you can be reached during the day? €10 7 y/5• /2
Is the property now in compliance XYes 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 CEB Meeting '� "c / - L9 3
Compliance Date Specified by Board 1 _30 ` y) 3
Penalty Issued by Board p` c.00
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 notified for your re-hearing. You are encouraged
to bring any evidence for Board consideration with you.
Page 1 of 2
In September, 1984, when I bought my home, there was already a wooden
privacy fence erected on the property. By 1991, the wooden fence had deteriorated
substantially and I decided to repair it. Because I was only repairing and replacing
portions of the existing fence, it never occurred to me that I needed to acquire a permit.
It was only after the City notified me that I had violated some code by building a "new"
fence that I learned I should have gotten a permit. Then, I was told that I had to move
my rebuilt fence from the place it had stood since 1984 and essentially cut off a large
portion of my fenced backyard to accommodate the City's change in controlling
ordinances.
I challenged the City's actions before moving the fence because I believed that
the City was unfairly trying to take my use of my own property from me without
compensation. I hired a lawyer to try to work out something with the City but, ultimately
ended up being fined because I did not move the fence until I had exhausted my legal
remedies. As a result of moving the fence, I lost the use of a substantial portion of my
property. I believe I was unfairly fined as a punishment for hiring a lawyer and fighting
the City's demand that I move the "new" fence.
I am requesting a reduction in the fine that has continued to accrue interest
since it was imposed in an attempt to finally resolve the matter and have the City's lien
removed from my property. I was not able to pay the fine when the City imposed it.
Over time, the City's lien on my property had became essentially irrelevant. Now,
however, I am saddled with medical bills and funeral expenses related to my ex-wife's
recent death from lung cancer that I am struggling to pay. When I attempted to acquire
a home equity loan to help pay those bills, I was told that I cannot obtain an equity loan
or refinance my home until the City's lien is removed. I respectfully request that the City
reduce the fine imposed to enable me to pay it.
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I, , do hereby submit this Petition in request for a
[ ] Re-Hearing or [] Reduction of fine and in support offer the following new evidence:
5A-,C"
Date: Signed:
Page 2 of 2
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. : CI98-456
CITY OF OCOEE, a Florida Dranne Co FL 1999=-0433339
municipal corporation, 100659 11:33:47am
OR Bk .=.E354 Po 124-1
Plaintiff,
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ter= o
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JERRY L. JONES,
Defendant. , p oco
FINAL JUDGMENT -4 CO
THIS CAUSE came before the Court on October 4, 1999, at
11:30 a.m., on the Motion for Entry of Final Judgment After Default
and Alternative Motion for Summary Judgment filed by the plaintiff.
The Court has considered the motion, the documents on file, and the
applicable law. Being otherwise fully advised, the Court grants
the motion and ORDERS, ADJUDGES, AND DECREES as follows:
1. The plaintiff, City of Ocoee, shall recover from the
defendant, Jerry L. Jones, the sum of $20,000.00 in damages, the
sum of $1,874.16 in prejudgment interest, and costs in the amount
of $514.75, making a total of $22,388.91, that shall bear interest
at the rate of ten percent a year, for which let execution issue.
2. Jurisdiction is reserved to adjudicate all issues
concerning the taxation of attorneys' fees against the defendant.
DONE AND ORDERED in Orlando, Orange County,
99 Florida, this
4th day of October, 1999. "ali%99 00 :09p "
OR B SBSO Pg 1449
Rec 10.s0
4 - � :44,.41
Belvir. Berry, r.-- �i7 uit Judge
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: CI egg Co FL 2000-0035771
01252000. 04:32:56pa
CITY OF OCOEE, a Florida OR Bk 5929 Pg 3995
Rec 10.50
municipal corporation,
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Plaintiff, o rn rrir
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vs. m r
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JERRY L. JONES, cc_ v 3 o0
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Defendant. r)--12 . m
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FINAL JUDGMENT
THIS CAUSE came before the Court on December 16, 1999, at
11:00 a.m., on the Motion to Tax Attorneys' Fees filed by the
plaintiff. The Court has considered the motion, the documents on
file, and the applicable law. Being otherwise fully advised, the
Court grants the motion and ORDERS, ADJUDGES, AND DECREES as
Orange Co FL 1999-0547131
follows: OR
Taw
Pa 104 3
1. The Court finds that the plaintiff is the prevailing
party in this action, and it is therefore entitled to recover its
reasonable attorneys' fees from the defendant pursuant to section
162.10 of the Florida Statutes.
2. The Court finds that the plaintiff's attorneys
reasonably devoted ‘1 hours to the representation of the
plaintiff in this action and that -a reasonable rate for those
services is $ ''73.0d per hour.
3.. Based .on the foregoing, judgment is hereby entered
in favor of the plaintiff, City of Ocoee, against the defendant,
Jerry L. Jones, for the total sum of '$ JO 553. O!) , which shall
bear interest at the rate of ten percent a year, and nor which let
execution issue.
DONE AND ORDERED in Orlando, Orange County, Florida, this
16th day of December, 1999.
row. r ft
Belvin Perry, Jr.
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy has been
furnished by United States mail this 16th day of December, 1999,
to: Jerry L. Jones, -801 West Harbour Court, Ocoee, Florida 34671;
and John R. Hamilton, Esq., Foley & Lardner, 111 North Orange
Avenue, Suite 1800, Post Office Box 2193, Orlando, Florida 32802-
2193.
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Recorded - Martha 0. Haynie
OR Bk 5906 Pg 10.49
STATE OF FLORIDA, COUNTY 6F ORANGE Orange Co FL 1999-0547131
I HEREBY CERTIFY F. the.hp•�c and t:„•:ni,-?
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