Item #14 Code Enforcement Reduction of Fine/Lien for 1714 Palmerston Circle be Center of Good G
AGENDA ITEM COVER SHEET
Meeting Date: November 06, 2012
Item # i
Reviewed By: i /g 6;
Contact Name: Doug Gaines Department Director:
Contact Number: 407 - 905 -3100 ext 1503 City Manager: Robert Frank
Subject: Code Enforcement Reduction of Fine /Lien for entity now in possession (Realtor)
following foreclosure judgment for 1714 Palmerston Circle (District 4 Commissioner Joel
Keller)
Background Summary:
This property was cited on February 02, 2008 by Officer Theresa Rodriguez for failure to obtain any required
final inspections for fence permit # 0602221 issued on September 08, 2006 and expired March 07, 2007.
Officer Rodriguez cited the property owner for violation of ordinance 105.4. On April 22, 2008 the Code
Enforcement Board issued an order to comply by May 23, 2008 or be fined $150.00 per day. Non - compliance
with these orders resulted in an order imposing fine and lien on May 27, 2008. On June 19, 2009 an affidavit of
compliance was entered into the file by Officer Rodriguez. An order imposing fine and lien for a total amount of
$58,650.00 was recorded by the city. A realtor representing an entity in possession of the property following
foreclosure appeared before the Code Enforcement Board on September 25, 2012 requesting a reduction of
fine and lien.
Issue:
Entity in possession, the realtor, of this property following a June 5, 2012 final foreclosure judgment is
requesting the fine /lien amount of $58,650.00 be reduced. The realtor representing the property after taking
possession appeared before the Code Board September 25, 2012. The actual current owner is Castle
Peak Capital Advisors. The property was recently under contract via a foreclosure auction, but the
potential owners backed out. The realtor wants to proceed with the lien reduction to help get new
owners into the property.
Recommendations
The Code Enforcement Board is recommending the fine /lien be reduced to $637.78 to cover the City's cost.
The discussion by the board was to reduce the amount; based on testimony from a realtor representing the
entity in possession of the property.
Attachments:
Financial Impact:
Type of Item: (please mark with an x')
Public Hearing For Cleric'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. cliE N/A
Reviewed by 0 N/A
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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
Vice - Chairman Lowery, seconded by Member Kelley, moved that Case #08 -075 be heard first, and then the
board will revert back to the regular agenda.
Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear case #08 -075 for the purpose of
possible fine reduction. The motion carried unanimously.
Case No. 08 -075 — Theresa Morales
1714 Palmerston Circle Officer Rodriguez
Violation Cited: 105.4
02 -05 -08 NOV Re- Inspection Date: 02 -27 -08
03 -10 -08 SOV
03 -10 -08 NOH Meeting Date: 03 -25 -08
03 -10 -08 POS Regular and Certified Mail
03 -25 -08 OC Meeting Date: 04 -22 -08
03 -28 -08 POS Regular and Certified Mail
04 -11 -08 POS Posting
04 -22 -08 CO Given until 05 -23 -08 to comply or be fined $150.00 a day
05 -27 -08 OIF /L
06 -19 -09 AFFIDAVIT OF COMPLIANCE
06 -23 -09 OIF /L TOTAL DUE: $58,650.00.
Observation: Failure to obtain any required final inspection for Fence, permit #0602221, issued on September 8, 2006, and
expired March 7, 2007.
Officer Loeffler presented in Officer Rodriguez's stead, and gave the case's history. Affidavit of
Compliance was issued as of June 19, 2009. City's costs: $637.78.
Kathleen Beaulieu, the realtor handling the property, spoke about the case. She noted that the fence was
not there when they took possession of the property.
Member Osborne, seconded by Member Amey, moved to recommend that in Case #08 -075 the fine be
reduced to the City's cost of $637.78. The motion carried unanimously.
Page 2
CODE ENFORCEMENT
Fire Chief CO Division Chief
Richard Firstner —_ SEREIMitatey
FIRE
CASE PREPARATION COST
Case # ea Address / 7 ' / //22e 7ler /—
Code Officer x $100.00 per hr # of hours = $ °°
Clerical staff x $35.00 per hr # of hours = $ 103. CEO
Attorney fee x $150.00 per hr # of hours = $ 3O0 . DO
Recording of Lien $ le .S—C)
Contractor Cost $
Building Dept Cost $
Postage $ 11-/. Z8
TOTAL $
City of Ocoee •563 S. Bluford Ave • Ocoee, Florida 34761
phone: (407) 905 -3140 • fax: (407) 905 -3129 • www.ci.ocoee.fl.us