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HomeMy WebLinkAboutItem VII(D) Request for Reduction of Fine/Line on Code Enforcement Board Case #94-19 - Maria Vela Agenda 10-05-04 Cater of Good Liv Item VII.D. CITY OF OCOEE AGENDA ITEM COVER SHEET Date: September 29, 2004 Meeting Date: October 5, 2004 Subject: Code Enforcement Board Case No.94-19 Maria Vela Issue: Reduction of lien or City Purchase of lot 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: This item was brought before the City Commission at the September 7, 2004, meeting. Staff was directed to meet with the parties involved to discuss the city's possible purchase of the lot. The owner's representative suggests a purchase price of$17,500.00, however, the lot has limited value to the city should it be acquired. Fiscal Impacts: If the property is acquired by the city, tax revenue will be lost and the city will have to maintain. Any reduction of fine will reduce projected revenues. The amount recommended does not cover the actual cost and interest associated with prosecuting the case. Commission Action: Reviewed by City Manager OA/ Reviewed by City A'orney 4/9/A ;-2 Reviewed by Fin • i NIA Reviewed by #1 ��r N/A Mayor center of Good Li Commissioners S. Scott Vandergrift g 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 Commi 'oners 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. Following the discussion at the September 7, 2004, City Commission meeting, I met with Mr. David Wheeler in reference to potential value for Lot 4 to the City. As a result of that discussion, it was determined at this time, the lot has very little value to the City. Mr. Bob Zatooni is making a presentation and initiating a discussion in reference to Pioneer Key Regional Drainage Improvements. Mr. Wheeler did suggest that should the City desire to initiate an overall project of the Pioneer Key Park II, that Lot 4 is a little higher than some of the other lots and could possibly be marketed to owners of some of the lower lying lots. I looked at the Orange County Property Appraiser's website for Lot 4 and the lots surrounding it on the same street. The property appraiser has valued the land for tax purposes at $10,500.00. A subsequent meeting between Staff and Mr. Benton concluded that he would be willing to recommend a sale price of approximately$17,500.00 should the City wish to purchase the lot. 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. Staff concurs with this recommendation.