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Item #11 Code Enforcement Reduction of Fine/Lien for Michelle Hudson @ 811 Doreen Avenue oe Center of Good zip l Ybi- AGENDA ITEM COVER SHEET Meeting Date: October 18, 2011 Item # Reviewed By: Contact Name: Fire Chief Pete McNeil Department Director: Add t Contact Number: 407 - 905 -3140 City Manager: // Subject: Code Enforcement Reduction of Fine /Lien for Michelle Hudson, Located at: 811 Doreen Avenue, Ocoee, 34761 Background Summary: The property located at 811 Doreen Avenue was cited on March 5, 2007, for violations of Ocoee Code of Ordinance 165 -3 Abandoned /Junk Vehicle Requirements, Land Development Code 6 -4 H 5(b) Off Street Parking Requirement, Minimum Standard 108 -24 D Care of the Premises, and Land Development Code 5 -1 E (1)(a) Land Use Regulation for Commercial Equipment Storage. The code violations were for untagged / inoperable vehicle, trailers stored in front of the property, and commercial dump truck without tag parked on property. The Code Enforcement Board issued an order to comply by June 22, 2007, or be fined $150.00 per day. The fine accrued to date is $107,850.00 plus City's administrative cost of $774.76, totaling $108,624.76. Citi - mortgage, Inc. acquired certificate of title to this property for $9,100.00 on March 1, 2011. They are requesting the reduction of fine of $107,850.00. Issue: On June 11, 2009, a minimum housing re- inspection was performed and observed the property to be in full compliance. Scott Stengel, representing Citi - mortgage, Inc., the new owner of the property, is requesting a reduction of fine /lien of $107,850.00. Recommendations On September 27, 2011, the Request of Reduction of Fine was heard before the Code Enforcement Board and the board's recommendation was to reduce the payment to the City's cost of $774.76. Attachments: Financial Impact: Estimated City's cost to date: $774.76 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 DRAFT CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 27, 2011 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 6:57 p.m. in the Commission Chambers at City Hall. Member Hopper led the Invocation and Member Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Hopper, Kelley, Lowery, Osborne, and Alt. Alt. Member Blynder. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Delgado and Siegrist, Administrative Assistant Ballard, Board Attorney Sneed, and Recording Clerk Stella McLeod. ABSENT: Vice -Chair M. Godek, Member Amey and Alt. Member Sais were absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to the Code Enforcement Officers, Fire Inspector, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE THE CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the, AUGUST 23, 2011 Code Enforcement Board Meeting B. Dismissal or Compliance (Case numbers 11 -180, 11 -184, 11 -201, 11 -206, 11 -208, 11 -213, 11 -214, 11-215, 11 -216, and 11 -221 were transferred to consent). Location of Violation Case Number Respondent 11 -184 DANA W PECK 1108 BELLINI LANE C. Order of Continuance (OCTOBER 25, 2011, Meeting) Case Number Respondent Location of Violation Member Hopper, seconded by Member Lowery, moved that the consent agenda be accepted as presented by the City. The motion carried unanimously. Page 1 COMMENTS FROM CITIZENS None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON- COMPLIANCE, ATF- APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD — COMMISSION MEETING FOR DETERMINATION, CS — CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO — EXTENDED COMPLIANCE ORDER, EX- EXHIBITS, FS- FEES STAYED, LDC — Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIF /L- ORDER IMPOSING FINE/LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF — ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC- REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SFH — SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD — WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Reduction of Fine Member Lowery, seconded by Member Hopper, moved that in Case #07 -056, the case be re -heard for the possibility of a recommendation of a reduction of fine. The motion passed unanimously. Case No. 07 -056 — Michelle Hudson 811 Doreen Avenue, Ocoee Officer Ramos Violation Cited: 165 -3, 6 -4, 108 -24, 5 -1 03 -06 -07 NOV Re- Inspection Date: 05 -02 -07 05 -03 -07 SOV 05 -03 -07 NOH Meeting Date: 05 -22 -07 05 -03 -07 POS Certified mail 05 -08 -07 POS Hand delivery 05 -22 -07 CO Found in violation as cited as of 03 -20 -07 and given until 06 -22 -07 to come into compliance or be fined $150.00 per day. 06 -25 -07 ANC 06 -26 -07 OIFL 06 -11 -09 AOC Total fine owed $107,850.00 06 -12 -09 OIFL 06 -15 -09 POS Certified mail Observation: Untagged / expired tag / inoperable vehicle. Trailers must be stored behind front building line. (Small bed dump truck without tag and jet ski on trailer in front of house.) Page 2 Officer Delgado presented the case and gave its history. Exhibits were presented (photos). Chairman Godek asked if debris was in front of the house for two years. Officer Delgado answered affirmatively, saying that the property was in violation for over two years. Board Attorney Sneed said that the boards matter is to make a recommendation. Chairman Godek reiterated that any action taking place regarding this matter will be a recommendation only to the City Commission. Mr. Scott Stengel, Esq., 5110 Eisenhower Blvd. Suite 120, spoke on behalf of the respondent, City Mortgage. The company took possession of the property through a foreclosure action as of December 9, 2009, two years after the code violation occurrence. Mr. Stengel said that the agency acted diligently to rectify the problems. After consulting with counsel, the respondent was advised that the vehicles could not be removed as they were private property. The respondent had no legal right to remove them. The vehicle matter notwithstanding, Mr. Stengel continued that City Mortgage went as far as possible to clean up the property, and on that basis, he asked for a reduction of fine. Chairman Godek asked how an affidavit of compliance could be issued when City Mortgage did not remove the cars; he asked who took the vehicles away. Board Attorney Sneed said that the affidavit of compliance was issued before City Mortgage filed its action. Mr. Stengel said he was unsure if it was the tenants or the owners who removed the vehicles. Chairman Godek asked if the property had been sold. Mr. Stengel replied that the property was sold on February 28, 2010, but title could not be issued until the lien matter was resolved. Member Hopper said that the property certainly looks better. Member Kelley asked when the foreclosure procedure started. Mr. Stengel answered that it started on December 9, 2009. Final judgment was issued August 8, 2010. The property was sold February 28, 2011. Member Kelley said that they had not started foreclosure procedure when property was deemed to be in compliance. Officer Delgado said that as of June of 2009, she did a minimum housing inspection and found that the property was in compliance. Board Attorney Sneed said that the point that Mr. Stengel is making is that City Mortgage was aware of the lien after the City's order and the recording of the lien; hence, they mowed the property, but they could not remove the vehicles. At some point the owner or the tenant removed the vehicles prior to the foreclosure. The board members concluded that the City does not know when the property came into compliance because code enforcement was not called to inspect. Chairman Godek asked what the City's costs were. Officer Delgado responded that she would calculate the costs. While she did that, Member Hopper asked how the fine got so high. Attorney Sneed answered that the fine had been accruing since 2007. Member Hopper had thought it started in 2009. Alt. Member Blynder asked if the new owner had to absorb the lien. Attorney Sneed answered that this is why City Mortgage is here tonight. Mr. Stengel said the bank owns the property with the existing lien. Officer Delgado said she could only `guesstimate' the costs, which she stated is about $700.00. Page 3 Member Osborne made a motion to recommend that the fine be reduced to $5000 plus administrative fees of $700. The motion died for lack of a second. Member Hopper, seconded by Alt Member Blvnder, moved that in case # 07 -056 the board recommend to the commission that fine be reduced to $1000 plus the City's costs. Member Hopper amended the motion that the lien should be paid within the thirty days of commission approval. Alt Member Blynder seconded the amendment. The amendment passed unanimously. The motion failed by a tie vote (roll call) of three `for' and three `against' the motion. Further discussion ensued. The chairman solicited another motion. Member Kelley, seconded by Member Hopper, moved that in Case #07 -056 the board recommend that no fine be levied and that the respondent be directed to pay City costs which are to be paid within thirty days of commission approval or the amount due reverts to the original lien amount plus City costs. The motion passed by a majority vote of 5 to 1 with Chairman Godek dissenting. Case No. 11 -207 — Marlcello Cook 1 Sundial Key Drive Officer Delgado Violation Cited: 168 -4 A. (16), Article VIIIQ 08 -03 -11 NOV Re- Inspection Date: 08 -11 -11 08 -18 -11 SOV 08 -18 -11 NOH Meeting Date: 09 -27 -11 08 -18 -11 DOCS SENT BY Reg. & certified mail Observation: Vehicle(s) routinely parked / stored in the front yard. Holiday lights hanging around house boarder. Officer Delgado presented the case and gave its history with exhibits. Chairman Godek asked if displaying Christmas lights is a real code violation. Officer Delgado answered yes since the lights have been up past January 15 as provided by the ordinance. The chairman also asked where the vehicles should be parked. Officer Delgado answered that cars need to be parked in designated parking spaces, not on the lawn. Member Hopper, seconded by Member Kelley, moved that in Case #11 -207 respondents be found in violation as cited as of August 7, 2011 and be given until October 7, 2011 to come into compliance or be fined $100 per day, per violation and for every day thereafter. The motion carried unanimously. Page 4 811 DOREEN AVE Page 1 of 4 Parcel Information - 08- 22 -28- Orange County Property Appraiser • Bill D onegan, CFA • 6767-04-380 http: //www.ocpafl.org Property Summary Property Name 811 DOREEN AVE Mailing Address ❑ � �i . :`. Names ATTN: PROPERTY DISPOSITION .}x`t- �lyr :. ai SECRETARY OF HOUSING AND 3751 MAGUIRE BLVD STE 270 lir.t.... URBAN DEVELOPMENT ORLANDO, FL 32803-3032 • Municipality Ph • sical Address ■ , F . OCO - OCOEE 811 DOREEN AVE •�• + •� r • . + Property Use OCOEE, FL 34761 . - •, - 0101 - SINGLE FAMILY QR Code For Mobile Phone �e �y s„,,,,,,,7::„ 4 ? •y 1 � '�$ Cau �g sr m cy L I - 6"Gt7 •R! ` ��s� coif _ x° 1 g 144 it { 1 '$+C 104.-,.4'4,-r.* ,,e i �COdB _% c <SA.ru R' :yid " 3. *2..4%, ,, Mf g • e • < li '''''''18- � . . „, max_ . - " . ,a ,'wa.. ,-•- .-' . 'p.:, '" . j M6' Cfli0M171 ai, 2 208676704380 10/17/2006 .__ Value and Taxes Historical Value and Tax Benefits Tax Year Values Land Building(s) Feature(s) Market Value As sessed ( -24 Va 2011 ® $10,000 + $37,831 + $6,700 = $54,531 (-24%) 4,5%) 2010 ©m $25,000 + $39,747 + $6,700 = $71,447 (25 %) $71 ( -17 %) 2009 ©m $40,000 + $47,988 + $7,300 = $95,288 ( -23 %) $8 (.10 %) 2008 1511:31 $60,000 + $55,750 + $7,900 = $123,650 ( 14 %) $8 (3.0 %) 2007 Q ® $75,000 + $60,547 + $7,900 = $143,447 $83,258 Tax Year Benefits Original HX Additional Exemptions SOH Cap Tax Savings 2011 ©Q® $25,000 $4,531 HX Other Exe $0 $0 $570 2010 ©® $25,000 $21,447 $0 $0 $698 2009 © ®� $25,000 $25,000 $0 $9,446 $902 2008 © ®� $25,000 $25,000 $0 $37,894 $1,333 http: / /www.ocpafl.org/ Searches/ ParcellnfoPrinterFriendly .aspx/PFSettings /AA 1 A 1 ACO... 10/5/2011 811 DOREEN AVE Page 2 of 4 2007 © ®m $25,000 n/a $0 $60,189 $2,387 2011 Taxable Value and Estimate of Proposed Taxes Taxing Authority Assd Value Exemption Tax Value Millage Rate Taxes % PUBLIC SCHOOLS: BY STATE LAW (RLE) $54,531 $25,000 $29,531 5.2970 (- 1.83 %) $156.43 28 % PUBLIC SCHOOLS: BY LOCAL BOARD $54,531 $25,000 $29,531 3.2480 (30.02 %) $95.92 17 % ORANGE COUNTY (GENERAL) $54,531 $29,531 $25,000 4.4347 (0.00 %) $110.87 20 CITY OF OCOEE $54,531 $29,531 $25,000 6.9239 (24.59 %) $173.10 31 % LIBRARY - OPERATING BUDGET $54,531 $29,531 $25,000 0.3748 (0.00 %) $9.37 2 % ST JOHNS WATER MANAGEMENT DISTRICT $54,531 $29,531 $25,000 0.3313 (- 20.32 %) $8.28 1 % 20.6097 $553.97 2011 Non -Ad Valorem Assessments Levying Authority Assessment Description Units Rate Assessment CITY OF OCOEE OCOEE STORM - DRAINAGE - (407)905 -3170 99.00 $1.00 $99.00 CITY OF OCOEE OCOEE GARBAGE R - GARBAGE - (407)905 -3170 1.00 $252.00 $252.00 $351.00 Property Features Property Description PEACH LAKE MANOR UNIT 4 X/138 LOT 438 Land Land Use Code Zoning Land Units Unit Price Land Value Class Unit Price Class Value 0100 - SINGLE FAMILY R -1 1 LOT(S) $10,000.00 $10,000 $0.00 $10,000 Buildings Model Code 01 - SINGLE FAM RESIDENCE Subarea Description Sqft Value Type Code 0101 - SINGLE FAMILY BAS - BASE AREA 1021 $58,258 Building Value $37,831 FEP - F /ENC PRCH 260 $10,385 Estimated New Cost $72,752 FOP - F /OPN PRCH 52 $742 Actual Year Built 1972 FST - FIN STORGE 117 $3,367 Beds 3 Baths 2.0 Floors 1 Gross Area 1450 sqft Living Area 1281 sqft Exterior Wall CONC /CINDR Interior Wall DRYWALL http: / /www.ocpafl.org/ Searches/ ParcellnfoPrinterFriendly .aspx/PFSettings /AA 1 AB 1 ACO... 10/5/2011 811 DOREEN AVE Page 3 of 4 Extra Features Description Date Built Units Unit Price XFOB Value PL1- TYPICAL 0100 POOL 01/01/1980 1 Unit(s) $14,000.00 $4,200 FPL1 -BASIC FIREPLACE 01/01/1972 1 Unit(s) $1,500.00 $1,500 GZB1- GAZEBO 1 01/01/1994 1 Unit(s) $1,000.00 $1,000 Sales Sales History Sale Sale Date Amount Instrument # Book/Page Deed Code Seller(s) Buyer(s) Vac /Imp 03/30/2011 $100 2011040723710249 / 2290 Special Warranty CITIMORTGAGE SECRETARY OF Improved INC HOUSING AND URBAN DEVELOPMENT 03/01/2011 $9,200 2011013716610186 / 4601 Certificate of Title HUDSON CITIMORTGAGE Improved MICHELLE INC 07/31/2000 $86,600 20000332308 06061 / 4884 Warranty Deed CLAY FRANK TR HUDSON Improved MICHELLE 05/31/1996 $69,500 19965643547 05070 / 1526 Warranty Deed DETUCCIO HENRIQUEZ Improved CYNTHIA A EDUVIGIS MORALES RAFAEL 11/01/1987 $58,500 19872890580 03936 / 0858 Warranty Deed Improved 04/01/1979 $28,500 1979137846403004 / 0968 Warranty Deed Improved 09/01/1978 $20,100 19781292218 02935 / 0379 Warranty Deed Improved Similar Sales Address Sale Date Sale Amount $ /SQFT Deed Code Beds /Baths Instrument # Book/Page 1614 MAUREEN AVE 08/22/2011 $35,000 $41 Warranty Deed 2/1 20110446593 10258 / 2210 1607 MONA AVE 08/10/2011 $48,000 $39 Warranty Deed 3/1 201 10427248 10253 / 7831 1704 MONA AVE 07/05/2011 $40,400 $40 Special Warranty 3/1 20110375644 10242 / 0631 1600 JEMIMA AVE 05/27/2011 $76,000 $74 Warranty Deed 3/1 20110291387 10222 / 0425 1611 MAUREEN AVE 05/06/2011 $135,900 $123 Warranty Deed 3/1 20110492616 10269 / 0193 1613 MONA AVE 04/21 /2011 $65,000 $76 Warranty Deed 3/1 20110230060 10207 / 8412 1603 JEMIMA AVE 04/19/2011 $36,000 $28 Special Warranty 4/1 20110230859 10208 / 0826 1601 DOREEN AVE 03/31/2011 $47,000 $46 Special Warranty 3/2 20110208950 10203 / 1717 1500 LADY AVE 03/21/2011 $32,500 $19 Special Warranty 4/2 20110161212 10191 / 8123 1608 JEMIMA AVE 03/14/2011 $45,000 $44 Special Warranty 3/1 20110309207 10226 / 1560 811 DOREEN AVE 03/01/2011 $9,200 $7 Certificate of Title 3/2 20110137166 10186 / 4601 1511 JEMIMA AVE 02/25/2011 $48,900 $36 Special Warranty 3/1 20110121236 10182 / 6677 1608 JEMIMA AVE 01/28/2011 $16,000 $16 Special Warranty 3/1 20110116565 10181 / 4661 1513 MAUREEN AVE 01/19/2011 $65,000 $61 Warranty Deed 3/1 20110049461 10165 / 4794 1701 DOREEN AVE 12/10/2010 $32,000 $38 Special Warranty 2/1 20100714035 10147 / 1550 http: / /www.ocpafl.org/ Searches/ ParcellnfoPrinterFriendly .aspx/PFSettings /AA1 AB 1 ACO... 10/5/2011 811 DOREEN AVE Page 4 of 4 907 MAUREEN AVE 12/08/2010 $47,000 $32 Special Warranty 4/2 20100705490 10145 / 1586 1506 DOREEN AVE 12/02/2010 $48,000 $37 Special Warranty 3/2 20100715311 10147 / 4398 806 URSULA ST 12/01/2010 $80,400 $94 Warranty Deed 3/1 20100691260 10141 / 4095 1506 DOREEN AVE 11/17/2010 $44,000 $34 Special Warranty 3/2 20100704038 10144 / 7619 1600 DOREEN AVE 10/15/2010 $49,500 $47 Warranty Deed 3/1 20100625165 10125 / 6504 Services for Location TPP Accounts At Location Account Market Value Taxable Value Business Name(s) Business Address There are no TPP Accounts associated with this parcel. Schools OCOEE (Middle School) Principal Ms. SHARYN CONSOLI GABRIEL Office Phone 407 - 877 -5035 Grades 2011: B 1 2010: A 1 2009: B • OCOEE (High School) Principal WILLIAM J FLOYD Office Phone 407 - 905 -3000 Grades 2010: C 1 2009: D 1 2008: C SPRING LAKE (Elementary) Principal Dr. ANGELA DAWN MURPHY - OSBORNE Office Phone 407 - 877 -5047 Grades 2011: A l 2010: A l 2009: A Utilities /Services Electric Progress Energy Water Ocoee Trash (Monday, Thursday) Ocoee Yard Waste (Monday) Ocoee Elected Officials State Representative Bryan Nelson School Board Representative Christine Moore US Representative Daniel Webster State Senate Andy Gardiner County Commissioner S. Scott Boyd http: / /www.ocpafl.org/ Searches /ParcellnfoPrinterFriendly .aspx/PFSettings /AA 1 AB 1 ACO... 10/5/2011 FIRE CASE PREPARATION COST Code Enforcement CASE # < - OSLP ADDRESS gI 1 Thor -e.c,v-- 41) e.y) k f CODE OFFICER X $100.00 PER HR # OF HOURS = $ 1a . a CLERICAL STAFF X $35.00 PER HR # 3 OF HOURS = $ /05 Ca ATTORNEY FEE $ c?DO . cQ RECORDING OF LIEN $ 1/45`I c POSTAGE $ 15')(0 TOTAL $ I Le IP . . • C omplied VIOLATIONS TO BE CORRECTED 811 Doreen Avenue i i d Smoke alarms installed near sleeping areas and operable. 108 -19 I athrooms must have ventilation. 108 -20 B stall backflow preventers on all hose bibs., 4pC 606.3.4.1 . Two (2) trailers in violation of code. Move trailers to back or side of house. i De. C - 1 6 W 4 Pool dirty, green water — clean & sanitize pool. f /S— (P X Remove steam roller from front of property.. LDS , 5_1 CI) (a) ha w 4 g i • a