Item #14 Approval of Request for Reduction of Fine/Lien - 509 Nicole Blvd. e cen ter of Good Li
AGENDA ITEM COVER SHEET
Meeting Date: October 19, 2010
Item #
Reviewed By:
Contact Name: Butch Stanley, Deputy Fire Department Director:
Chief p
Contact Number: 407 - 905 -3140 City Manager: -1 . 2y8 7
Subject: Mr. Douglas Pridgen, owner of 509 Nicole Blvd is requesting a reduction of fine /lien of $459,200.00.
Background Summary:
This property was cited on 11 -5 -1997 for a violation of ordinance 165 -3 and 165 -4 A, B (1)(a)(b), (2) C and D by
former Officer Thea Cronnan, regarding a gray truck in the front yard with expired license tag and the
appearance of being inoperable. The violation was re- inspected on 12 -8 -1997 and observed non compliant. A
statement of violations and notice of hearing for the January 1998 Code Board meeting was sent out certified
delivery on 12 -9 -1997. On 12 -30 -1997, Police Officer G. Edwards hand delivered the notice of hearing to Mr.
Douglas Pridgen. At the January 27, 1998 meeting of the Code Board a compliance order was issued requiring
compliance by 2 -3 -1998 or forfeit $100.00 per day. On 2 -4 -1998 the violation was re- inspected and found non
compliant with an affidavit of non compliance signed on 2 -10 -1998. On 2 -24 -1998 an order imposing fine and
lien was issued by the Code Board and officially recorded on Orange County records 2 -27 -1998. At the
September 28, 2010 Code Board Meeting the case was re- opened at request of Mr. Douglas Pridgen to
request a reduction of fine /lien. During testimony Douglas Pridgen presented the Code Board with paper
evidence and a photograph demonstrating state issued registration and license tags for what appeared to be
the vehicle in question.
Issue:
Mr. Douglas Pridgen, owner of 509 Nicole Blvd is requesting a reduction of fine /lien of $459,200.00 claiming he
did not know about the code enforcement action. On September 1, 2010 the property was observed to be in
full compliance.
Recommendations
The Code Enforcement Board is recommending the fine /lien be reduced to $4,500.00 due to the fact the
respondent was unable to provide documentation regarding registration and license tags for a period of one
year and three months after initial code enforcement action.
Attachments:
See attached ordinances.
Financial Impact:
N/A
Type of Item: (please mark with an 'x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
§ 165 -1 VEHICLES, ABANDONED AND JUNK § 165 -2
Chapter 165
VEHICLES, ABANDONED AND JUNK
§ 165 -1. Title.
§ 165 -2. Definitions.
§ 165 -3. Prohibited acts.
§ 165 -4. Presumptive evidence of abandonment.
§ 165 -5. Exceptions.
§ 165 -6. Public property; enforcement.
§ 165 -7. Private property.
§ 165 -8. Enforcement Officer; right of entry; identification.
§ 165 -9. Removal and destruction by city.
(HISTORY: Adopted by the City Commission of the City of Ocoee 7 -5 -1994
by Ord. No. 94 -20.' Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement of Code — See Ch. 7.
Junkyards — See Ch. 95.
Littering — See Ch. 101.
Vehicles and traffic — See Ch. 168.
§ 165 -1. Title.
This chapter shall be referred to as the "Junk and Abandoned Vehicle
Ordinance of the City of Ocoee."
§ 165 -2. Definitions.
In construing this chapter, the following terms shall have the meanings
indicated:
1 Editor's Note: This ordinance also repealed former Ch. 165, adopted 5 -2 -1989 by Ord. No. 89 -07.
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§ 165 -2 OCOEE CODE § 165-3
ABANDONED VEHICLE — A vehicle which is deemed to be
abandoned pursuant to this chapter or which has no monetary value
other than nominal salvage value, if any, which has been left
unprotected from the elements with no intention by the owner to
remain in possession of the property.
ENFORCEMENT OFFICER — The officers designated by the City
Commission to enforce the provisions of this chapter. For the
purposes of enforcing the provisions of § 165 -6 of this chapter, the
officers of the Ocoee Police Department are hereby designated as
"Enforcement Officers." For the purpose of enforcing the provisions
of § 165 -7 of this chapter, the employees of the Protective Inspections
Department are hereby designated as "Enforcement Officers."
JUNK VEHICLE — A vehicle which is dismantled, wrecked, junked
and /or nonoperating.
PERSONS — Individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations and all other groups or combinations.
PRIVATE PROPERTY — Any real property located within the corporate
limits of the City of Ocoee except for public property and real property
owned or leased by Orange County.
PUBLIC PROPERTY— Public roads, streets, alleys, highways or other
public rights -of -way or easements located within the corporate limits
of the City of Ocoee which are under the jurisdiction and within the
reasonable exercise of the police power of the city and real property
owned in fee title by the City of Ocoee. State roads are excluded from
the definition of "public property."
VEHICLE — Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, roadway, street or
public right -of -way, excepting devices used exclusively upon stationary
rails or tracks.
§ 165 -3. Prohibited acts.
A. No person shall keep any abandoned or junk vehicle on any public
property or any private property within the corporate limits of the city,
except on private property as provided for in § 165 -5. No person shall
permit any abandoned or junk vehicle to be kept on private property
16502 1 -10 - 2000
§ 165 -3 VEHICLES, ABANDONED AND JUNK § 165 -4
owned, rented, leased or controlled by such person within the
corporate limits of the city, except on private property as provided for
in § 165 -5. [Amended 11 -2 -1999 by Ord. No. 99 -35]
B. No vehicle shall be left parked in the same place continuously upon
any public property of the city for 48 hours.
§ 165 -4. Presumptive evidence of abandonment.
A. Any vehicle left parked in the same place continuously upon any public
property for a period of 48 hours shall be considered for the purpose
of this chapter as abandoned.
B. Nonoperating vehicles.
(1) It shall be prima facie evidence that a motor vehicle is
nonoperating if one or more of the following conditions exist:
(a) The absence of a currently registered license plate on a
vehicle unless such vehicle is not required to have a licensed
plate.
(b) A vehicle with one or more flat tires or other visible signs that
a vehicle is not capable of propelling itself down a roadway.
(2) Any nonoperating vehicle shall be considered, for the purposes of
this chapter, as abandoned.
C. Any vehicle left parked in the same place continuously upon any
private property for a period of time such that grass is grown up
around it obscuring any part of it from view and /or such that there is
dead grass under the vehicle from the vehicle having shielded the
grass from the nutrients required for growth, without being moved,
shall be considered, for the purposes of this chapter, abandoned. In
general, this period of time will be interpreted to be in excess of 15
calendar days.
D. Any vehicle that is placed upon blocks and remains in this inoperable
condition for more than 15 calendar days shall also be, for the
purposes of this chapter, abandoned.
16503 1 -10 - 2000