Item #12 Request for Reduction of Fine - Global Realty Brokers
AGENDA ITEM COVER SHEET
Meeting Date: April 3, 2007
Item # t2.
ll~
Contact Name:
Contact Number:
Ralph W. Jones III
(407) 905-3104
Reviewed By:
Department Director:
City Manager:
Subject: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 05-004, Global Realty Brokers
Background Summary: On November 29, 2004, Code Enforcement Officer Robert Siegrist observed
violations of city code on the property located at 5001 Water Wheel Court, Ocoee, Florida. The violations
observed were overgrown grass/weeds, accumulation of miscellaneous trash and debris, and the
presence of an untagged vehicle. A notice of code violation was sent to the property owner on
December 6, 2004. A re-inspection of the property on December 22, 2004, revealed the property
remained in non-compliance. A Notice of Hearing was sent to the property owner to appear at the Code
Enforcement Board on January 25, 2005. A Compliance Order was issued by the Code Enforcement
Board giving the Respondent until February 15, 2005 to comply or pay a fine of $100.00 per day until the
property was brought into compliance. The property was re-inspected on February 16, 2005 and found in
non-compliance. An Affidavit of Non-Compliance was issued on February 16, 2005. An Order Imposing
Fine and Lien was ordered at the Code Enforcement Board Meeting on February 22, 2005. The fine
accrued daily until the property was inspected on January 19, 2007 and found in compliance. The total
amount of the fine is $70,100.00. The attached synopsis outlines this case in more detail. The Code
Enforcement Board imposed this fine due to the owner's continued negligence in correcting the poor
appearance of the property.
Issue: Should the Honorable Mayor and City Commission consider the property owner's request for a
reduction of fines and release of lien on Code Enforcement Board Case No. 05-004 established on
February 22,2005, at 5001 WaterWheel Ct.?
Recommendations: The Code Enforcement Board recommended the property owner's request for a
reduction of fines to $35,050.00 if paid within 30 days of City Commission approval or it will revert back
to the $70,100.00. It is staff's recommendation to support the decision made by the Code Enforcement
Board.
Attachments: Request for Re-Hearinq/Reduction of Fine Form, Order Imposinq Fine and Lien, and
Affidavit of Compliance Form.
Financial Impact: A waiver of fines as requested by the Respondent would 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
Ordinance Second Reading
Resolution
~ Commission Approval
Discussion & Direction
For Clerk's Deot 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 ( )
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Jan 24 07 03:12p
CODE ENFORCEMENT BOARD
CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OcOEE, FLORIDA 34761
CEBCaseNo. 05".... OO{
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 line. Please fill this fonn 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
PropertyOwner'sName-K;toY\ 7ti I Q h ,,- &(o~a. / fea..lf, l1kket-'.5
Property Address :s 0 0 ( ,/J) CrJ..-er tu h ((, ( ()~
Phone Number where you can be reached during the day?
Is the property now in compliance X Yes _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 0 I - ~ S- - "6
Compliance Date Specified by Board 0 ;? - 1 S- - 6 ~
penaltYISSUedbYBOard~ IOO,tJO ~-ro..Jl. D~ ~/OO. tJ6
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 redllction is considered. If yo II are present, and the Board
grants u 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. [fyou
are 1I0t 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 YOllr re-hearing. You are encouraged
to bring any evidence for Board consideration with you.
Page 1 of2
ocoee code Lien petition for Reduction
I, Global Realty Brokers, do hereby submit this petition in
request for a Reduction of fine and in support offer the following
new evidence:
r purchsed the property at 5001 Water wheel court on 12/12/2006.
l didn't take Qossession of the property until early January 2007 as
I allowed the former owner to remain through the holidays.
upon taking possession, I immediately took the necessary steps
to bring the property into compliance: the lawn was mowed and edged,
the trash and debris were removed and the missing sections of fence
were replaced. A previously cited item, the chevy cavalier station
wagon without a license plate was already gone when I took ownership.
Ocoee Code Enforcement inspected the property and declared the
property in 'compliance on January 19, 2007.
I respectfully ask for a reduction in the amount of the code
liens for the following reasons:
1. I did not incur the original violations.
2. I brought the property into compliance within 10 days of
taking possession of the property.
3. The $100 per day fine has ballooned to a total of $70,100,
placing a very serious financial burden on me.
4. The city of Ocoee has expended very few, if any, "hard dollars"
in this matter. That;s to say the city has not had to pay for any
of the cleanup. The liens are "penalty liens" designed to punish
the owner for failing to bring the property into compliance with the
code. Unfortunately, the former owner who incurred those fines is
gone and I am stuck with the fines.
5: without the prospect of fair and equitable treatment from the
Clty, a person could not attempt to correct the violations of a
prior owne~. The overall result wo~ld be properties that would be
too expenSlve, because of penalty l1ens, to ever repair and these
properties would continue to deteriorate.
oft-stated goal of Code Enforcement ;s "compliance not
l understand the need for fines when the owner does not
property in compliance but I ask e city of Ocoee to
the facts recited above and red c the $70,100 . e.
(
Date: (.,,- 08.... crt-
The
fines".
keep his
consider
Signed:
~0eH"
&..a6tr.. ~Ji~ ~aIGi~\
page 1
IIII ij 111111111111111111111111 ~IIIIII ~ 1111111111
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE, FLORIDA
iNSTR 20050283509
OR BK 07940 PG 4833 PG5=3
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
04/27/2005 02:08:48 PM
CASE NO. 05-004 REC FEE 27.00
CITY OF OCOEE,
Petitioner,
v. Kim Pagano,
Respondent,
/
ORDER IMPOSING FINE
This matter was heard this date on Petitioner's Affidavit of Non-compliance, and
on the evidence presented, a motion having been duly made, seconded and approved by a
majority, but not less than four of the Board members present, it is
ADJUDGED that:
1. You, Kim Pagano, have failed to comply with the order of this board dated
January 25, 2005, which required you to correct the following violation(s) to
comply with the Code of the City of Ocoee, Florida by February 15, 2005,
and the following violation(s) continue to exist or continued to exist until the
date indicated:
Section of Code
Violated Description Date Corrected
115-5. Excessive weed or grass growth.
No person shall allow or permit excessive growth of weeds, grass, undergrowth or other
dead or living plant life (collectively referred to herein as "weed or grass growth") on
property owned, rented, leased or controlled by such person. Weed or grass growth shall
be deemed excessive if the growth reaches a height of ten (10) inches or more on
improved property or twenty-four (24) inches or more on unimproved property. Excessive
weed or grass growth is prohibited and declared to be a public nuisance and unlawful.
~ 115-3. Prohibited Act.
No person shall allow to remain or allow to be dumped, placed, accumulated or otherwise
located on lands or premises owned, rented, leased or controlled by such person within
the city any nuisance and menace to public health, safety and welfare, nor shall any
person, after notice as provided in ~ ~ 7-6 and 7-10 of the Code that a nuisance and
menace to public health, safety and welfare exists on lands or premises owned, rented,
leased or controlled by such person within the city, maintain or fail to remove such
nuisance and menace to public health, safety and welfare.
~ 1ImII1. General requirements for exterior and interior of structures.
Q. Accessory structures. Garages, storage buildings and all other accessory
structures shall be maintained and kept in good repair and sound structural condition.
Observation: One Chev Cavalier, station wagon with no tag in front driveway, sections
of fence missing and grass/weeds over 10", plus miscellaneous trash and debris.
2. Such violation(s) exist at the following described property:
Address: 5001 Water Wheel Court, Ocoee
Legal Description: 03-22-28-7821-01-130
3. You will pay the CITY OF OCOEE, FLORIDA, the sum of $100.00
per day, for each day from the date set for compliance to the date of
correction if a date of correction is shown above, or if violation is indicated as
uncorrected, until you correct the violation and give the City written -notice
that you have done so. If paragraph 1 indicates all violations have been
corrected, the total amount of your fine is $
4. A certified copy of this order may be recorded in the Public Records of
Orange County, Florida, and shall constitute a lien against the above described
property and upon any other real property of personal property owned by the
Respondent, pursuant to Sections 162.08 and 162.09, Florida Statues.
5. Information regarding this Order may be obtained by contacting the Code
Enforcement Division of the City of Ocoee, A Florida Municipal Corporation,
having an address of 150 North Lakeshore Drive, Ocoee, Florida 34761.
DONE AND ORDERED at Ocoee, Florida, this February 22,2005.
THE PROPERTY OWNER IS HEREBY NOTIFIED THAT THIS ORDER IMPOSING FINE
SHALL BE RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
UNLESS THE PROPERTY OWNER FILES A REQUEST FOR HEARING BEFORE THE OCOEE
CODE ENFORCEMENT BOARD WITHIN TWENTY DAYS FROM THE DATE OF THIS
ORDER IMPOSING FINE AND LIEN.
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE, FLO A
By:
State of Florida
County of Orange
Subscribed before me this February 24,2005, by John H. Linebarier, personally known to
me ~ did not take an o~th.
By:~~G,((,L{60
Notary Public
(Seal)
i~ a\ Carmen 0 Ramos
\~) My Commisalon 002938&4
0, '" ExpIres May 29, 2008
STATE OF FLORIDA, COUNTY OF ORANGE, CITY OF OCOEE
[ hereby certify that the foregoing is a true and complete copy of the original document on file in the Code
Enforcement Office of the City of Ocoee. Witness my hand and official seal this 25TH day of April 2005.
~" n
By' '.' i::~~
Beth Eikenberry, City Clerk
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE, FLORIDA
CASE NO. 05-004
CITY OF OCOEE,
Petitioner,
v.
Kim Pagano,
Respondent,
/
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF ORANGE
Before the undersigned authority this date personally appeared R. Siegrist, who, being
first duly sworn, deposes and says:
1. I am the Code Enforcement Officer for the City of Ocoee, Florida, and have personal
knowledge of the facts set out below.
2. On January 25, 2005, the Code Enforcement Board held a public hearing and issued
its Order in this matter, pursuant to which Respondent was to have taken corrective
action by February 15,2005.
3. I have conducted are-inspection of the property where the violation(s) existed, and I
found that as of January 19, 2007, the corrective action ordered by the Code
Enforcement Board has been taken.
By:
t9-~
Affiant
Subscribed before me this 22nd day of January 2007, by Robert Siegrist, [X] personally known to
me. ()
By:~ 0, f1t~
Notary Public
Print Name: Carmen D. Ramos
State of Florida at Large (Notary Seal)
:;~v Pl;,\ Carmen 0 Ramos
~~ ; My Commission 00293894
'? ."o<l! Expires May 29. 2008