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HomeMy WebLinkAboutItem 13 Request for Reduction of Fines and Release of Lien Code Enforcement Board Case No 04-036 W.S. Alexander center of Goocl L . ~ AGENDA ITEM COVER SHEET Meeting Date: September 6, 2005 Item # I :1 Contact Name: Contact Number: Ralph Jones (407) 905-3104 Reviewed By: Department Director: City Manager: /;;J- J~ Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 04-036, W.S. Alexander Background Summary: A lien was placed on this property from a code enforcement board case. Facts revealed that the property owner expired in his home and no one was appointed as a custodian of the property. The survivor doesn't have the means to arrange care of the property. A property management company is now representing the survivor. A request for lien waiver was made to maximize the benefits of the sale of the property to the survivor. The property is now in compliance. The current fine is $33,000.00. Issue: Should the City Commission consider a reduction of fines to $0.00 and release of lien on Code Enforcement Board Case No. 04-036, W.S. Alexander located at 806 Russell Drive? Recommendations: It is staffs recommendation that a reduction in the fines to $0.00 and release of lien be granted. Attachments: Financial Impact: A waiver of fines would not compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an 'X") _ Public Hearing _ Ordinance First Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's DeDt 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 ( ) /Ptf~.. X N/A X N/A N/A City Manager Robert Frank Commissioners Danny HowelL District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift STAFF REPORT DATE: The Honorable Mayor and City Commissioners Ralph W. Jones, ITI, Building OfficW /? -!.If August 29, 2005 TO: FROM: RE: Request for Reduction of Fines and Release of Lien Code Enforcement Board Case No. 04-036, W. S. Alexander ISSUE Should the Honorable Mayor and City Commission consider a reduction of fmes to $0.00 and release of lien on Code Enforcement Board Case No. 04-036, W. S. Alexander located at 806 Russell Drive Ocoee Florida? BACKGROUND/DISCUSSION On July 19, 2004, Teresa Braddy-Bagwell conducted an inspection of 806 Russell Drive. There was an infraction of Section 115-5 of the Ordinances of Ocoee. A notice of violation was prepared and mailed to the property owner as listed on Orange County's Property Appraiser web site. The notice of violation provided a compliance date of July 30, 2004. On August 4, 2004, a re-inspection of the property revealed that the property still had weed and grass growth in excess of the allowance in the Code of Ordinances. A notice of hearing was prepared on August 12, 2004 and the hearing was set for August 24, 2004. At the August 24, 2004, Code Enforcement Board found the property in violation of the Ordinance and imposed a compliance date of September 21,2004. A re-inspection was conducted on September 22,2004, and found the property in violation. On September 28, 2004, an order imposing fine was issued for 806 Russell Dr. in the amount of $100.00 per day. The lien was recorded with Orange County on May 24, 2005. A request for re-inspection was made in August 2005. On August 19,2005, an inspection was made on 806 Russell Drive and the property was found in compliance with city ordinance. On August 19, 2005, Jeffrey Clark, representing Peggy Jarrell, provided testimony that Mr. Alexander had passed away and Ms. Jarrell did not have the means to maintain the property as she lives out of state. Mr. Clark pleaded that, due to Ms. Jarrell's economic situation, the lien be released without payment in order to benefit Ms. Jarrell to the maximum extent. The current fme is $33,000.00. RECOMMENDATION It is staff's recommendation that a reduction in the fines to $0.00 and release oflien be granted.