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Item #16 Request for Reduction of Fine and Release of Lien for Case No. 07-211 AGENDA ITEM COVER SHEET Meeting Date: May 6,2008 Item # , (, 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 Cc>de Enforcement Board Case No. 07-211, J P Morgan Chase Bank Background Summary: On October 9, 2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the property located at 2224 Twisted Pine Road, Ocoee, Florida, The violations observed were overgrown grass/weeds and swimming pool was dirty and green, A Notice of Code Violation and a Notice of Hearing were sent to the property owner J P Morgan on November 1, 2007 to appear at the Code Enforcement Board on November 27, 2007. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until December 7, 2007 to comply or pay a fine of $250.00 per day until the property was brought into compliance, An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on January 22, 2008, The fine accrued daily until the property was re-inspected on March 24, 2008 and found in compliance, The total amount of the fine is $26,750,00. 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, 07-211 established on October 9,2007 at 2224 Twisted Pine Road, Ocoee, Florida? Recommendations: The Code Enforcement Board recommended a reduction of fines to $7,500.00 if paid within 7 days of the Commissions approval. It is staff's recommendation to support the decision made by the Code Enforcement Board, Attachments: 07-211 Docket and ReQuest for Rehearina/ Reduction of fine Financial Impact: A reduction of fines as recommended by the Code Enforcement Board would compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an "x'? Public Hearing For Clerk's Deot Use: _ Ordinance First Reading _ Consent Agenda _ Ordinance Second Reading _ Public Hearing Resolution _ Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk ~ Original Document/Contract Held by Department for Execution X N/A X N/A N/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) /'P ~ ,- I CITY OF OCOEE CASE HISTORY RESPONDENT: JP Mor2an Chase BankNA CASE NUMBER 07-211 c/o Fidelity / Homecominl!s LLC Location/address: 2224 Twisted Pine Road, Ocoee Violation Cited: 115-5, 115-6 Officer: T. Rodri!!uez Date Observed: October 09, 2007 Compliance Date: 10-23-07 Service Type: Mail (91 71082133393412569924) Received on: 11-05-07 Observation: Over2rown l!rass/weeds. Swimmin2 pool dirty and l!reen. DOCKET ""- 10-10-07 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10-24-07 BLE 11-0 1-07 STATEMENT OF VIOLATIONS BLE 11-01-07 NOTICE OF HEARING MEETING DATE: 11-27-07 BLE 11-0 1-07 PROOF OF SERVICE REG. AND CERTIFIED MAIL BLE 11-27-07 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BLE OF 115-6 ANDGIVEN UNTIL 12-7-07 TO COMPLY OR BE FINED $250.00 A DAY 12-07 -07 AFFIDA VIT OF NON COMPLIANCE BLE 01-22-08 ORDER IMPOSING FINE I LIEN BLE 4-22-08 REQUEST FOR REHEARING 12-8-07 TO 3-24-08 107 DAYS BLE REDUCTION OF FINE TOTAL DUE $26,750.00 4-22-08 RECOMMENDA TION TO BOARD RECOMMEND REDUCTION COMMISSION OF FINES TO $7,500,00 IF PAID WITHIN 7 DAYS OF COMMISSION APPROV AL -............- CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. 07- :tll 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 fine. Please fill this fonn out completely. Be specific when writing your statement. Please return this fonn 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, Cannen D. Ramos at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing ~st for Reduction of Fine ~t Property Owner's Name " ~ Property Address 2:2-7. tt\ e. ~J {)eDPe. Phone Number where you can be reached during the day? q~- -n l -~75~ x l{:.b,~ Is the property now in compliance ~ _No (if no, explain in detail) If the property owner is unable to complete this fonn, list name of person who is authorized to act for the Property Owner, their relationship, and attach notarized power-of-attorney: t.GP~e,o'rArco'" "=b'f ~(UJ~ ~tt... \5,. M.O~A.~:t ~~ l\ - ~7- 01 Compliance Date Specified by Boar<L ~ ~ -:-~ .- 0 '?'. . $ '-f, r '7 t;"O - Date of original CEB Meeting Penalty Issued by Board 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 reduction Is considered. If you are present, and the Board grants a re-hearlng, 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. If you are not present you will be notified of the Board's decision on whether or not to grant you a re- hearing, and if a re-hearlng is granted, you will be notified/or your re-hearing. You are encouraged to bring any evidence for Board consideration with you. Page 1 of2 --I .........". . . I, /" do hereby submit this Petition in request for a ( ] Re-Hearing or (yfReduction of fine and in support offer the following new evidence: ~e.{!..-\ G~.e cO ~ ~ ~r~T4 ~ Date: cr< Signed:~ - ~ OFf-ic.ES Of" ~(S kP-,ll C-. ~n. Page 2 of2 -~