VII (E2a) Code Enforcement Matters: Request for Reduction of Fines and Liens; Code Enforcement Board Case 98-047 Fowler Agenda 8-05-2003
Item VII E 2a
Mayor �,�crn�r,at cod��� CommissionersS. Scott
Vandergrift � Danny Howell, District 1
Sn COa;,; ' \t 2
City Manager J Rusty Johnson. District a
Jim Gleason __ Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Jim Phelps, Building Official
DATE: July 25, 2003
RE: Request for Reduction of Fine
Ebbott E and Margie R Fowler
Code Enforcement Case No. 98-047
ISSUE
Should the Honorable Mayor and City Commission consider a reduction of fines and release of
lien on Code Enforcement Board Case 98-47, Ebbott E and Margie R Fowler?
BACKGROUND/DISCUSSION
Ebbott E. and Margie R. Fowler were found to be in violation of various city codes by the Code
Enforcement Board on March 24, 1998; an order was issued for compliance by March 31. 1998,
or a fine in the amount of $100.00 per day was to be assessed. On March 31, 1998, Thea
Cronnon, Code Enforcement Officer determined that certain violations continued. On April 28.
1998, an order imposing the prescribed fine was issued and recorded in the official records of
Orange County.
The property is in compliance as of July 9, 2003, per affidavit of Edward Loeffler, Code
Enforcement Officer. Fines accrued to a total of$190,600.00 before the property was determined
to be in compliance. No cost was assessed as provided for in chapter 162.07 Florida Statutes and
no interest is added.
The violations occurred at 1513 Jemima Avenue. The property is owned by but is not the
residence of Mr. And Mrs. Fowler.
RECOMMENDATION
It is my opinion that this case should not have continued for as long as it did without the city
proceeding to foreclosure; it does not appear to be homestead.
It is my recommendation that the fine be reduced to $3,000.00, that equates to 30 days at
$100.00 per day, this should cover actual cost incurred by the city to process the case. Further.
upon payment of monies due as determined by the City Commission, the City Manager be
authorized to sign the order satisfying the lien for recording.
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Agenda 8-05-2003
Item VII E 2b
Mayor r�Center of Good c„i,� CommissionersS. Scott
Vandergrift p„ .�. y��+ .�e Danny Howell, District I
? CQai .t 2
City Manager Rusty Johnson, District 3
Jim Gleason �. Z._: Nancy J. Parker. District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Jim Phelps, Building Official
DATE: July 25, 2003
RE: Request for reduction of fines and release of lien
Edward J and Lori Ann Rawa
Code Enforcement Case No's. 01-046 and 02-067
ISSUE
Should the Honorable Mayor and City Commission consider a reduction of fine and release of
lien on Code Enforcement Case No's. 01-046 Edward J. and Lori Ann Rawa and 02-067.
Edward J. Rawa?
BACKGROUND/DISCUSSION
Case No. 01-046, Edward J. and Lori Ann Rawa were found to be in violation of city codes by
the Code Enforcement Board on September 25, 2001 as a repeat violator and a fine of$ 200.00
was established and recorded as a lien in the public records of Orange County.
Case No. 02-067. Edward J. Rawa was found to be in violation of city codes by the Code
Enforcement Board on November 26. 2002 as a repeat violator and fine of $900.00 was
established and recorded as a lien in the public records of Orange County.
RECOMMENDATION
I have reviewed the cases and discussed the history with Code Enforcement Officer Edward
Loeffler. It appears that the Code Enforcement Board was lenient considering the amount of fine
that could have been imposed and that no cost was assessed as provided for in Chapter 162.7
Florida Statutes.
It is my recommendation that the fines assessed in both cases continue to Edward J. Rawa and
not be reduced because they arc the result of repeat violations of a previous case. Further, upon
payment of monies due as determined by the City Commission, the City Manager be authorized
to sign the order satisfying the lien for recording.
Because according to statements made to myself by Lori Ann Rawa n/k/a Lori Ann Murphy, she
has not lived at the property since 1999, if the City Commission determines that to be true, she
should be removed from the lien and recommend the City Manager he authorized to sign the
order satisfying the lien for recording.
To: Ocoee City Commission. 24 July, zoo3
C/o:Jim Phelps.
Re: 418 Tranquille Oaks
Dear Council members,
I am writing in an attempt to have the liens on my property rescinded. I realize
that while it may seem inappropriate I would enjoin the consideration of the Council
Members for a small variety of reasons.
The first is that I am a resident for the long term with no intentions of going
anywhere and that while I am no prize winner I maintain a generally pleasant and good
home atmosphere which I am trying to make better.As a part of that process, I have
attempted to refinance but am unable to do so because of the liens levied on the
property. I am a disabled veteran, my income is limited,funds,which could be used for
improvements to the property, aren't available. If refinancing were an option,the savings
could be passed on to the house.
Inclusive in the refinancing problem is the factor that my ex-wife is still on the
deed and needs to be removed so that she may be able to purchase her own home and is
unable to do so. She had nothing to do with this mess, it is of my own creation and she is
an innocent victim. When we were divorced, she left and I kept the house. During that
period,the time when most of the violations occurred, I was a mess and truthfully did
not care about the house.There were times I actually loathed the place and I am sure
that I was somewhat self destructive and it showed dramatically. I have since regained
my perspective.
As stated my income is limited and while I don't want to admit to it my situation
is very precarious. I apologize for the fact that I have offended others with my workings,
but regretfully there have been many times of necessity, especially this past two years.
When I have had to fix things myself which I could not afford to repair any other way. I
try to make that as expedient as possible. I must admit that is no excuse for some of my
machinations, for I am a hopeless hobbyist. I've promised Mr. Phelps that I will keep my
activities to a minimum and will make the same promise to you. I have dispersed with
my collection and will acquire nothing else.
I regret my unavailability in person for the meeting and will have my father as
representative.That is another issue. He is a good father,the best as far as I am
concerned and wants to help and is aware of my situation. He should not be allowed
though,to pay any restitution because he would and 1 can not let him, it is not proper to
let him do so. I owe him too much already.
To each of you I also owe an apology. My behavior towards you was rude and out
of line. It was unpardonable and an affront to parliamentary procedure. It won't happen
again.
In conclusion,I would enjoin you,the City Commission,to consider a rescission
of the liens directed towards the said property so that we may be able to improve the
existing situation and work towards a more positive future together. What is your
opinion of the matter and how should it best be resolved? I will be out of town on
business for the month of August. I will discuss with my father the details of the meeting
and when I get back I will be able to attend to the matter at hand. If there arc any
questions or concerns I will address them immediately.Thank you for your time and
consideration.
Respectfully,
t-�.z'r^ L �
Edward.1. Rawa //
4.18 Tranquille Oaks
JUL-25-2003 FRI 05: 12 PM LAWYERS ADVANTAGE FAX NO. 407 622 6300 P. 01
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