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HomeMy WebLinkAboutItem 13 Approval for Reduction of Fine for Case #01-045 and Case #02-052, 826 Satin (enter of Good L ' ~~e . ll-~ j:~ AGENDA ITEM COVER SHEET Meeting Date: 11-15-05 ~tem # 1 :3 Contact Name: Contact Number: Ralph Jones (407) 905-3104 Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fines and Release of Lien Case Nos. 01-045 and 02-052, Denise A. Carr 826 Satin Leaf Circle Background Summary: These cases were heard before the Code Enforcement Board on two different occasions for the same violation of junk vehicle parked in the driveway. Subsequently, fines were established and accrued to $25,100.00 on Case No. 01-045 and $2700.00 on Case No. 02-052. At the October 25,2005, Code Enforcement Board Meeting, the Respondent appeared before the Board and asked for a reduction in the fines. The property is in compliance. Issue: Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case Nos. 01-045 and 02-052, Denise A. Carr, property located at 826 Satin Leaf Circle Ocoee, Florida? Recommendations It is Staffs recommendation that the $25,100 fine be reduced to $2510.00 as recommended by the Code Enforcement Board on Case No. 01-045. The Board also recommended that the $2510.00 fine must be paid by December 1, 2005, or it will revert back to the original fine. It is also recommended that the $2700.00 fine be reduced to $0.00 as recommended by the Code Enforcement Board on Case No. 02-052. This recommendation is based upon the actual staff cost of $1300.00 for both cases. Attachments: none Financial Impact: A reduction in the collection of revenue should the fine have ever been collected. Type of Item: (please marl< with an "x") Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerl<'s Deat Use: Consent Agenda == Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 4~ X N/A X N/A N/A City Mana!!:er Robert Frank ("enter of GOOd r . <t-,e c . ~ ""~ a~i6 Commissioners Gary Hood, District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vander!!:rift STAFF REPORT DATE: The Honorable Mavor and Citv Commissioners Ralph W. Jones III, Building Official ~ November 7,2005 TO: FROM: RE: Request for Reduction of Fines and Release of Liens Case Nos. 01-045 and 02-052, Denise A. Carr, 826 Satin Leaf Circle ISSUE Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on Code Enforcement Board Case Nos. 01-045 and 02-052, Denise A. Carr, property located at 826 Satin Leaf Circle Ocoee, Florida? BACKGROUNDIDISCUSSION These cases were heard before the Code Enforcement Board on two different occasions for the same violation of junk vehicle parked in the driveway. Subsequently, fines were established and accrued to $25,100.00 on Case No. 01-045 and $2700.00 on Case No. 02-052. At the October 25,2005, Code Enforcement Board Meeting, the Respondent appeared before the Board and asked for a reduction in the fines. The property is in compliance. RECOMMENDATION It is Staff's recommendation that the $25,100 fine be reduced to $2510.00 as recommended by the Code Enforcement Board on Case No. 01-045. The Board also recommended that the $2510.00 fine must be paid by December 1, 2005, or it will revert back to the original fine. It is also recommended that the $2700.00 fine be reduced to $0.00 as recommended by the Code Enforcement Board on Case No. 02-052. This recommendation is based upon the actual staff cost of $1300.00 for both cases. 1 Case No. 01-045 - Denise A. Carr 826 Satin Leaf Circle Violation Cited: 165-3 08-08-01 NOCV 09-11-01 SOY 09-11-01 NOH 09-11-01 POS 09-17-01 pas 09-25-01 co 10-03-01 AONC 10-23-01 OIF/L 06-11-02 AOC 10-07-05 RFR Observation: One Camaro, brown with no tag in driveway; right rear tire almost flat. Case No. 01-072 - Denise A. Carr 826 Satin Leaf Circle Violation Cited: 165-3 10-09-02 NOCV 10-09-02 SOY 10-09-02 NOH 10-10-02 POS 10-10-02 pas 10-22-02 CO 10-22-02 OIF/L 10-25-02 AOC Code Enforcement Board Minutes October 25, 2005 DRA.FT Officer Siegrist Re-Inspection Date: 08-28-01 Meeting Date: 09-25-01 Certified Mail Hand Deliyery Given Until 10-2-01 or $100.qO a Day $100.00 a Day as of 10-03-01 Total Due $25,100.00 Officer Siegrist Re-Inspection Date: 10-07-02 Meeting Date: 10-22-02 Certified Mail Posting $150.00 per Day as of 10-07-02 Repeat Violator Total Due $2700 10-07-02 Thru 10-25-02 10-07-05 RFR Observation: One International truck, white, FL tag #GLl72D expo December 2000, parked in front driveway. Officer Siegrist, having been sworn, stated Case No. 01-045 was in non-compliance as of August 28, 2001, until June 11, 2002; Case No. 02-052 was in violation as of October 7, 2002, until October 25, 2002. Ouestions and Comments Rel!ardinl! Case No. 01-045 and Case No. 02-052 Denise Carr, 826 Satin Leaf Circle, asked the Code Enforcement Board to reduce the fine on Case No. 01-045 regarding the camaro. She said that she wrote a letter explaining the situation that caused her to be fined and she has no problem paying a fine, just cannot afford $25,100. Ms. Carr stated that Case No. 02-052 was due to a truck she was using for storage when her house burned down and she had a generator underneath it. She said the City towed that truck after so many days and cannot understand why they could not tow the camaro as well. Officer 7 Code Enforcement Board Minutes October 25. 2005 DRAFT Siegrist responded by stating the truck was parked in the right of way blocking the sidewalk and the camaro was not, that is why the City towed the truck. Chairman Godek asked if she was requesting a reduction in both cases. Ms. Carr said she only requested a reduction in Case No. 01-045, saying she has no problem covering the fines regarding the truck. Ms. Carr said the camaro was not a junk vehicle and was registered; however, it was her son's vehicle and he was in jail so they were unable to sell it. Member Chancey inquired as to what amount she would like the fine to be reduced. Ms. Carr expressed that $25 per day for each day in violation would seem fair to her; however, she did not even own a vehicle worth $25,000. She stated she made continuous efforts to have a tow company pick up the vehicle and take it to the junk yard, but no company would do that. Discussion of the board was to combine the fines of both cases into one lump sum. Attorney Sneed clarified to the board that both cases are liens and only a recommendation could be made to the City Commission anyway. She suggested the cases be fined separately whereas one case could be dropped to zero and the other fined the amount, or split the amount between the two, etc. Member Amey asked what cost the City had incurred from the two cases and Officer Siegrist said approximately $1,300. Officer Siegrist said currently Case No. 01-045 was being fined $25,100, and Case No. 02-052 was $2,700. The board inquired if the house had been burnt down or was it still standing. Ms. Carr said the house had been rebuilt since the fire and she does live at that residence. Member Donenfeld, seconded by Member Amev. moved in Case No. 01-045 to recommend City Commission reduces the fine from $25.100 to $650. Member Don en feld. seconded by Member Amev. to amend the motion to include that payment be made by December 1.2005, or revert back to the original fine. Alternate Member Morton suggested the board recommended reducing the fine by too much. Member Chancey said that the amount was made substantially less than what she even asked for, which was $6700. Member Donenfeld said the holidays were coming and Member Arney said she was in compliance and has been through some tough times. Member Don en feld. seconded by Member Amv. moved in Case No. 01-045 to recommend City Commission reduces the fine from $25.100 to $650. iflJaid by December 1. 2005. or the fine reverts back to the original amount. Motion failed 3-3. with Members Chancey. Godek. and Morton voting no. Alternate Member Morton, seconded by Member Chancev. moved in Case No. 01-045 to recommend City Commission reduces the fine from $25.100 to 10% or $2.510 if paid by 8 Code Enforcement Board Minutes October 25, 2005 DRAFT December 1.2005, or the fine is reverted back to the original amount. Motion carried 6-0. Alternate Member Morton, seconded bv Member Donenfeld, moved in Case No. 02-052 to recommend City Commission rescinds the fine. Motion carried 6-0. Attorney Sneed asked the Respondent to attend the City Commission meeting of which this recommendation will be heard. Case No. 05-072 - Karen Barton and Emerson C. Moorley 1512 Maureen Ave. Officer Rodriguez Violation Cited: 51-13 05-17-05 NOCV Re-Inspection Date: 08-01-05 08-08-05 SOV 08-08-05 NOH Meeting Date: 08-23-05 08-08-05 POS Certified Mail 08-09-05 POS Regular Mail 08-09-05 POS Posting 08-23-05 CO Given Until 10-24-05 or Pay $25.00 per Day Observation: Construction without required permits, plans, approval and inspections: Room addition. Officer Rodriguez, having been sworn, gave a detailed history of the Case and stated the property was in non-compliance. Questions and Comments Rel!ardinl! Case No. 05-072 Karen Barton, 1512 Maureen Avenue, said that her mother was diagnosed with cancer in May and moved in with her family. Then her mother passed away in September and she had a lot of arrangements to make. Unfortunately, due to her personal distractions she failed to complete the permit application and asked for a 60 day extension. Alternate Member Morton inquired if a permit has been applied for on this project. Officer Rodriguez said no. Member Hopper asked to what extent the construction has started at this property. Officer Rodriguez said a stop work order had been done on May 17, 2005, and she has not had any communication with the Respondent since August 1, 2005, but the frame is the only existing construction. Alternate Member Morton asked if it would be wise to delay the accrual of the $25 per day. Attorney Sneed said that moving to extend the compliance day would satisfy that. Member Chancey. seconded bv Member Donenfeld, moved in Case No. 01-072 to find the ReslJondent in violation of Section 51-13 and to extend the compliance date to December 22. 2005. Motion carried 6-0. 9