Item #05 Approval of Code Reduction of Fines/ Liens for Edward Rawa; Re: 4 Cases at 418 Tranquille Oaks Drtie Ceriter of Good Livin
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AGENDA ITEM COVER SHEET
Meeting Date: May 21, 2013
Item #
Reviewed By: �a
Contact Name: Doug Gaines Department Director: d
Contact Number: 407 - 905 -3100 ext 1503 City Manager: Robert Fr
Subject: Code Enforcement Reduction of Fines /Liens for Edward Jason Rawa; Re: 4 Cases at
418 Tranquille Oaks Drive (District 4 Commissioner Joel Keller)
Background Summary:
This property has four (4) non - accruing code enforcement liens resulting from four separate code enforcement
cases: 01 -046, 02 -067, 03- 002728 and 05 -043. The four cases, a mixture of inoperable vehicle, junk debris
and repeat violations, were all brought into compliance including minimal fine payments made by Mr. Rawa.
The structure at 418 Tranquille Oaks Drive was destroyed by fire. Additional code enforcement action resulted
in voluntary demolition of the burned structure. The location is now a vacant residential lot with four recorded
code enforcement liens and no structure. No citizens or neighboring residents appeared at the code
enforcement hearing.
Issue:
Mr. Rawa and his father appeared before the code enforcement board on April 23, 2013 and requested a
reduction of the combined four -case fine /lien amount of $30,837.00. The City's total costs are $3,540.50 for
the 4 cases. The ability to rebuild or sell the property is encumbered by the four liens. Mr. Rawa produced
documentation regarding a previously undiagnosed illness related to military service and relation to former
property condition as well as a recent disabled veteran status.
Recommendations
The Code Enforcement Board is recommending the fine /lien be reduced to the city's cost of $3,540.50. The
discussion by the Board to reduce the amount was based on testimony and answers from Mr. Rawa, his father
and City staff.
Attachments:
Code Board minutes and photos.
Financial Impact:
The City's total cost is $3,540.50 for all four cases. This would recover our enforcement costs.
Type of Item: (please mark with an `V)
Public Hearing
For Clerk's Dept 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
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
Chairman Godek asked if the City is okay with six month from today. Officer Siegrist replied that he was
okay with the extension.
Attorney Sneed said that the motion will simply move to extend the compliance date from March 25, 2013,
to October 22, 2013, which is also the board's meeting date for that month.
Vic Chairman Lowery, seconded by Member Carrington moved to extend the com pliance date /i•on2
March 25 2013 to October 22 2013 Motion carried unanimously.
THE FOLLOWING FOUR (4) CASES WILL BE HANDLED IN ONE (1) MOTION!
Case No. 01 -046 Edward Jason Rawa
418 Tranquille Oaks Drive Officer Loeffler
Violation Cited: 165 -3
Observation: Inoperable, untagged G.M. station wagon up on ramp- jacks.
09 -11 -01
NOTICE OF CODE VIOLATION
09 -I1 -01
STATEMENT OF VIOLATIONS
09 -11 -01
NOTICE OF HEARING
09 -11 -01
PROOF OF SERVICE
09 -14 -01
PROOF OF SERVICE
09 -25 -01
ORDER IMPOSING FINE -LIEN
08 -05 -03
PARTIAL RELEASE OF LIEN
10 -23 -03
PAYMENT OF $1.00
11 -21 -03
PAYMENT OF $1.00
02 -17 -04
PAYMENT OF $1.00
05 -24 -04
PAYMENT OF $1.00
06 -29 -04
PAYMENT OF $1.00
Re- inspection date: 09 -07 -01
Meeting date: 11 -26 -02
Certified mail
Posting
Set fine: $200.00
Lori Ann Rawa Name Only
Total due $199.00
Total due $198.00
Total due $197.00
Total due $196.00
Total due $195.00
Case No. 02 -067 Edward Jason Rawa
41Q T r ilia Oaks Drive Officer Loeffler
anqu
Violation Cited: 115 -3; 165 -3
Observation: Two junk inoperable and -or untagged vehicle Chevrolet Camaro and blue 2 -door. Miscellaneous junk, debris
including automotive related parts and equipment.
11 -01 -02
NOTICE OF CODE VIOLATION
I1 -01 -02
STATEMENT OF VIOLATIONS
11 -01 -02
NOTICE OF HEARING
11 -04 -02
PROOF OF SERVICE
11 -26 -02
COMPLIANCE ORDER
12 -04 -02
ORDER IMPOSING FINE -LIEN
12 -13092
AFFIDAVIT OF COMPLIANCE\
01 -28 -03
ORDER IMPOSING FINE -LIEN
07 -25 -03
REQUEST FOR RECUCTION OF
FINES
08 -05 -03
REDUCED FINES BY 25% TO
$675 AND REMOVE VEHICLE
Re- inspection date: 10 -30 -02
Meeting date: 11 -26 -02
Certified mail
Given until 12 -03 -02 or pay $100.00 per day
Total due $900.00
City commission meeting
If paid within 30 days or reverts back to $900.00
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ON PROPERTY WITHIN 30 DAYS
11 -21 -03 PAYMENT OF $1.00
02 -17 -04 PAYMENT OF $1.00
05 -24 -04 PAYMENT OF $1.00
06 -29 -04 PAYMENT OF $1.00
Case No. 03- 0272130 Edward Jason Rawa
418 Tranquille Oaks Drive
Violation Cited: 165 -3
Observation: Inoperable - disassembled vehicle in driveway.
08 -07 -03 NOTICE OF CODE, VIOLATION
08 -07 -03
STATEMENT OF VIOLATIONS
08 -07 -03
NOTICE OF HEARING
08 -07 -03
PROOF OF SERVICE
08 -07 -03
PROOF OF SERVICE
08 -08 -03
PROOF OF SERVICE
08 -26 -03
ORDER IMPOSING FINE
06 -28 -05
(REPEAT VIOLATION)
11 -21 -03
PAID $1.00
2 -17 -04
PAID $1.00
5 -24 -04
PAID $1.00
6 -29 -04
PAID $1.00
Case No. 05 -043 Edward Jason Rawa
Total due $899.00
Total due $898.00
Total due $897.00
Total due $896.00
Officer Loeffler
Re- inspection date: 08 -07 -03
Meeting date: 08 -26 -03
Certified mail
Regular mail
Posting
Total due $2,250.00
Total due $2,249.00
Total due $2,248.00
Total due $2,247.00
Total due $2,246.00
418 Tranquille Oaks Drive Officer Braddey - Bagwell
Violation Cited: 165.3
Observation: Two white trucks, one multi- colored car, grey primer, 1 green truck, one marron vehicle and one red, without tags
and grass overgrown around vehicles.
06 -07 -05
NOTICE OF CODE VIOLATION
06 -07 -05
STATEMENT OF VIOLATIONS
06 -07 -05
NOTICE OF HEARING
06 -07 -05
PROOF OF SERVICE
06 -09 -05
PROOF OF SERVICE
MARLA MEESE GIRLFRIEND
06 -28 -05
ORDER IMPOSING FINE
(REPEAT VIOLATOR)
08 -02 -05
AFFIDAVIT OF COMPLIANCE
08 -23 -05
REQUEST FOR RE- HEARING
REDUCTION OF FINE REQUEST
DENIED NO ONE PRESENT
Re- inspection date: 06 -07 -05
Meeting date: 06 -28 -05
Regular & certified mail
Hand delivery
$500.00 per day
Total due $27,500.00
Discussion ensued as to whether all four cases could be handled at one time. Attorney Sneed advised that
the cases may all be heard together, but action must be taken on the cases individually. Four motions will
be needed.
Chairman Godek declared that there are four cases.
Member Carrington seconded Alembev Lowery, moved that the board re -hear Cases No. 01 -046, 02 -067,
03-002728, and 05 -043 cases all together. Motionn carried uraanirno
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Officer Loeffler presented an updated photograph (February 19, 2013) for the cases. The home is no
longer on the property due to a fire. He presented an exhibit showing an itemization of the City's total cost.
There has been compliance on all violations.
Chairman Godek clarified that the respondent had made some payments on the fines. The cost presented
shows the fines minus what the respondent has paid.
Vice - Chairman Lowery asked was asked if some of the violations were repeat violations. Officer
Loeffler was not sure since he did not have the case file in front of him, but lie reiterated that all code
violations were now in compliance.
Senior Mr. Rawa and Junior Mr. Rawa, 1902 Lauren Beth (the son), approached the podium to speak for
the case.
Chairman Godek asked why board should reduce fine.
Junior Mr. Rawa responded that he had financial hardship, as well as health matters. Junior Mr. Rawa
said he further explained he was not able to pay the fines due to financial hardship. He could not afford a
new car, so was usually in the position of having to repair a vehicle. He is living on a VA stipend, has lost
his wife, and is being treated for PTSD. Senior Mr. Rawa asked if the board had the April 10th memo from
the Rawas. The board acknowledged that they have the memo.
The Rawas have offered to deed the property to the City as payment for the liens. Junior Mr. Rawa said that
lie does not want to relocate outside of Ocoee.
Member Osborne asked if Mr. Rawa was asking to leave off paying for the City's costs. Junior Mr.
Rawa answered `no'. He understood that taxpayers money was used to accrue the outstanding costs, and
those costs should be repaid, he said.
Code Enforcement / Asst. to the City Manager Doug Gaines spoke on the case; he talked with city
manager about land in lieu of payment. The city manager did not like the idea when he spoke with the
Rawas. The city manager did agree to have the Rawas come back and address the board again, Mr. Gaines
said. Donating the land, however, is off the table according to the city manager, Mr. Gaines concluded.
Further discussion ensued.
Attorney Sneed advised that the board can do one motion for the cases as long as all four cases arc
mentioned in the motion.
Member Carrington seconded b mice - Chairman Lowei-E moved that in Cascs #01 -046 02 -067 03-
002728 and 05-04 the board r ecomrnend to reduce the fines to the City' cost of $3,540.50. Mo tion
carried by roll call vote of'3 to 2 with Chairman Godek and Member Osborne dassentatip
Case No. 13 -029 Munguia Leonel
607 N. Lakewood Avenue Officer Siegrist
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07- 20.2010