Item #17 Request for Reduction of Fine and Release of Lien - Alicia Rocna
AGENDA ITEM COVER SHEET
Meeting Date: April 21,2009
Item # '1
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Contact Name:
Contact Number:
Jim Washington
(407) 905-3104
Reviewed By:
Department Director:
City Manager:
Subject: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 96-121, Alicia Rocna
Background Summary:
On October 9, 1996, Code Enforcement Officer Randy Conyers observed violations of city code on the property
located at 110 Coquina Key Drive, Ocoee, Florida. The violations observed constituted a failure to have a
minimum housing re-inspection as notified. A notice of code violation was sent to the property owner Alicia
Rocna on November 6, 1996. A re-inspection of the property on November 18, 1996, revealed the property
remained in non-compliance. A Notice of Hearing was sent to the property owner Alicia Rocna to appear at the
Code Enforcement Board Meeting on November 26, 1996. A Compliance Order was issued by the Code
Enforcement Board giving the Respondent until December 6, 1996 to comply or pay a fine of $250.00 per day
until the property was brought into compliance. The property was re-inspected on October 17, 2005 and found
in non-compliance. A second re-inspection on December 6, 2005 revealed the property had been brought into
compliance. An order imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on January
28, 1997. The fine accrued daily until the property was deemed in compliance on December 6,2005. The total
amount of the fine is $2,153,755.49. A Request of Reduction of Fine was presented at the March 24, 2009,
Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fines to
$250.00 if paid within 30 days of commission approval and based on an estimated cost encumbered by the
City.
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. 96-121 established on October 9, 1996, at 110
Coquina Key Drive?
Recommendations
The Code Enforcement Board recommended the property owner's request for a reduction of fines to $250.00 It
is staff's recommendation to support the decision made by the Code Enforcement Board.
Attachments:
Request for Re-Hearing/Reduction of Fine Form, and City Code Enforcement Board Case #96-121 Case
History.
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'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk'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 0
N/A
N/A
N/A
2
CITY OF OCOEE
CASE HISTORY
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RESPONDENT:",\'", \:"~liCia Rocna---.'~"'-'--",-- "'-JJ. Vl ,CASE NUMBER 96-121
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Location/address: ' 110 Coquina Key Drive, Ocoee FL (J
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'October. 9,\1996 ''''- .lI !'if' ~~f Compliance Date: 11-13-96
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Mail~(p882-518-577)- .-.",- Receivea~oJt: 11-21-96
if,....-:l!t~-~ ~ '. Y?
of' ~~~~iiaf,;mv~ '&~ f
,.,cFailed to have a di'inimum standards ie-inspection as notified.
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Violation Cited:
108-12
Officer:
Date Observed:
Service Type:
Observation:
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11-06-96 NOTICE OF CODE VIOLATION
11-19-96 STATEMENT OF VIOLATIONS
11-19-96 NOTICE OF HEARING
11-20-96 PROOF OF SERVICE
11-26-96 COMPLIANCE ORDER
1-28-97 ORDER IMPOSING FINE & LIEN
3-24-09 REQUEST FOR REHEARING/
REDUCTION OF FINE
...........- "'-
DOCKET
RE-INSPECTION DATE: 11-18-96
MEETING DATE: 11-26-96
REG. & CERTIFIED MAIL
ORDERD TO COMPLY BY 12-06-96
OR BE FINED $250 PER DAY
AMOUNT DUE $2,153,755.49
BOARD RECOMMENDS TO
COMMISSION TO REDUCE
FINE TO $250.00 IF PAID WITHIN
30 DAYS OF COMMISSIONS APPROVAL
OR REVERT BACK TO ORIGINAL AMOUNT
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CODE ENFORCEMENT BOARD
CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OCOEE, FLORIDA 34761
CEB Case No. 96 - /~ /
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 form 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, Brandy Everett at (407) 905-3100 extension 1002.
Check one: [ ] Request for Re-hearing [~equest for Reduction of Fine
Property Owner's Name A \ \ c. ,0. V \0 re S
Property Address \ I 0 C09 U 11') 0... \{..Q. ~ 1).. 0 cae e r L 34- rlo I
Phone Number where you can be reached during the day? (321) 2. 39.... q;)..1-.3
Is the property now in compliance -/ Yes _No (ifno, 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:
E. \ I sane.+ CP~ \\ Q y--
Date of original CEB Meeting
Compliance Date Specified by Board
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-hearing, the Board may decide to permit you to present your ca~'e 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'~' decision on whether or not to grant you a re-
hearing, and if a re-hearing is granted, you will be notified for your re-hearing. You are encouraged
to bring any evidence for Board consideration with you.
Page 1 of2
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I, \ ~ C\o- r\ res , do hereby submit this Petition in request for a
[ ] Re-Hearing or [ Reduction of fine and in support offer the following new evidence:
_&l, C\Q WQS unavJa re. eLf\)\ 5 ~,s.sue I She
~o~s not 5proli or (ead EY\gJl..s.h.
tn,s ~o.wer\Pd, s""e- d,d not
0.1'\ 1 0 (l e. Q" a i I Q 61 e -bJ (eQ d th e
Jb( her.
Wnen
ha ve..
Me.r s
Signed: ~~ ~-?-
Page 2 of2
Page I of 4
Paula Stein
From:
To:
Sent:
Subject:
"Mark, Paula & Elizabeth" <MStein005@cfl.rr.com>
"Paula" <pstein@dewarnurseries.com>
Wednesday, March 11, 20098:51 AM
POA
GENERAL POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. IF
YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL
ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND
OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
A TTORNEY IF YOU LATER WISH TO DO SO.
I, \ i c " a. [YOUR FULL LEGAL NAME], residing at
;2 e. e.. FL L\ (0
[YOUR FULL ADDRESS], hereby appoint-Ej ,sa.b€+ Cue HcA Y"
19 SundIal Ke..~~, Oco-ee.,. +/oY'ido.. ,
34 ,. (J) , , as my Attorney-in-Fact ("Agent").
of
If my Agent is unable to serve for any reason, I designate
of
,
, as my successor Agent.
I hereby revoke any and all general powers of attorney that previously have been signed by me.
However, the preceding sentence shall not have the effect of revoking any powers of attorney that are
directly related to my health care that previously have been signed by me.
My Agent shall have full power and authority to act on my behalf. This power and authority shall
authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and
powers, including all rights and powers that I may acquire in the future. My Agent's powers shall
include, but not be limited to, the power to:
I. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings
accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial
institutions.
a. Conduct any business with any banking or financial institution with respect to any of my
accounts, including, but not limited to, making deposits and withdrawals, obtaining bank
statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable
to me by any person, firm, corporation or political entity.
b. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or
draft of the United States of America, including U.S. Treasury Securities.
c. Have access to any safe deposit box that I might own, including its contents.
2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property
may include income producing or non-income producing assets and property.
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Page 20f4
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3. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other
appropriate person.
4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any
claim, whether made against me or asserted on my behalf against any other person or entity.
5. Enter into binding contracts on my behalf.
6. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds,
debentures, or other investments.
7. Maintain and/or operate any business that I may own.
8. Employ professional and business assistance as may be appropriate, including attorneys, accountants,
and real estate agents.
9. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect
to any of my property (now owned or later acquired) including, but not limited to, real estate and real
estate rights (including the right to remove tenants and to recover possession). This includes the right to
sell or encumber any homestead that I now own or may own in the future.
10. Prepare, sign, and file documents with any governmental body or agency, including, but not limited
to, authorization to:
a. Prepare, sign and file income and other tax: returns with federal, state, local, and other
governmental bodies.
b. Obtain information or documents from any government or its agencies, and negotiate,
compromise, or settle any matter with such government or agency (including tax matters).
c. Prepare applications, provide information, and perform any other act reasonably
requested by any government or its agencies in connection with governmental benefits
(including military and social security benefits).
II. Make gifts from my assets to members of my family and to such other persons or charitable
organizations with whom I have an established pattern of giving. However, my Agent may not make
gifts of my property to the Agent. I appoint , of
, ,
, as my substitute Agent for the sole purpose of making gifts of my property to my Agent,
as appropriate.
12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in
existence at the time of such transfer.
13. Disclaim any interest which might otherwise be transferred or distributed to me from any other
person, estate, trust, or other entity, as may be appropriate.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of
specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney
in any manner.
3/11/2009
Page 3 of 4
Any power or authority granted to my Agent under this document shall be limited to the extent
necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii)
my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any
incidents of ownership with respect to any life insurance policies that I may own on the life of my
Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in good faith.
However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting
under the authority of this Power of Attorney.
I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this
document.
My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My
Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this
Power of Attorney.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so
request or if such a request is made by any authorized personal representative or fiduciary acting on my
behalf.
This Power of Attorney shall become effective immediately and shall not be affected by my disability or
lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a
Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power
of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated ma...", It-
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YOUR SIGNATURE:
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YOUR PRINTED FULL LEGAL NAME:
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WITNESS'SIGNATURE:
WITNESS' SIGNATURE:
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WI ESS' PRINTED FULL LEGAL NAME:
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WITNESS' PRINTED FULL LEGAL NAME:
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Acknowledgement:
STATE OF
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3/11/2009
COUNTY OF
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Page 4 of 4
The foregoing instrument was acknowledged before me this -LL day of Yh()v..j.
20~ by r.l- he-I" f-lore_< [YOUR FULL LEGAL NAME], who is personally
known to me or who has produced f (? .-Soh lL l \! K tlGitL,..Io as identification.
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Signature of person taking acknowledgment
E\\~b1?f ~€-I\CH-
Name typed, printed, or stamped
Title or rank
Serial number (if applicable)
This document was prepared by:
Name:
Address:
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Notary Public Slale of Florida
Paula Moseley Stein
My Commission 00532417
Expires 05/19/2010
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3/1112009