Item #10 Code Enforcement Reduction of Fine/Lien for Federal National Mortgage Association & Representative Exit Realty Central re: 507 Shumard Oaks Drive`J
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AGENDA ITEM COVER SHEET
Meeting Date: June 17, 2014
Item # I n
Contact Name: Doug Gaines
Contact Number: 407 - 905 -3100 ext 1503
Reviewed By:
Department Director:
City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for Federal National Mcfftgage Assoc.
& Representative Exit Realty Central regarding 507 Shumard Oaks Dr. (District 2 Commissioner
Rosemary Wilsen )
Background Summary:
This property was cited on April 23, 2012 by Officer Edward Loeffler for conditions constituting a public
nuisance: Vacant, unsecured dwelling with evidence of juvenile ingress /egress, unauthorized access and a
damaged garage door with broken windows creating a blighted effect on the neighborhood. The codes in
violation were: 108 -23 1 & Q (windows and accessory structures not kept in good repair), 108 -35 (public
nuisance) and 115 -3 (menace to public health, safety and welfare). On May 22, 2012, the Code Enforcement
Board issued an order to comply by May 29, 2012 or be fined $100.00 per day per violation. On June 26, 2012
the Code Enforcement Board imposed the accruing fine and lien for non - compliance. The property was
checked quarterly and remained non - compliant. The violations were observed in compliance on April 10, 2013.
The property is currently being maintained.
Issue:
A legal representative for Federal National Mortgage Association, the current owners, appeared before the
Code Enforcement Board on May 27, 2014 and requested the fine /lien amount of $63,400.00 be reduced to the
city's cost of $703.50. Exit Realty Center, upon being assigned the case on March 30, 2014, is making the
home move -in ready for an occupant as soon as a contract and purchase occurs.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $3,203.50, which is based on the
sum of the city's cost and a $2,500.00 fine for the blighted impact upon the city. The decision by the Board to
reduce the amount was based on testimony and answers from the owner's representative and city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits.
Financial Impact:
The city would be paid its costs of $703.50 and recover an additional $2,500.00 for the effect on the city and
residents.
Type of Item: (please mark with an `k')
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 O
N/A
2
Board Attorney Mary Sneed explained that the Board is not required to impose a fine, but does have the
authority to do so. She asked the Board to take into consideration if the property is found in non - compliance
upon re- inspection. Also for the Board's consideration is if the property is not in compliance, would the
Board want to allow the respondent more time to bring the property into compliance.
Member Blynder remarked that the respondent gave testimony that the issue has been corrected. Ms.
Sneed explained that re- inspection of the property may result in non - compliance. Member Kelley stated
that if the re- inspection concludes that the property is in non - compliance, then the respondent would be
considered a repeat offender. Board discussion ensued regarding imposing a fine.
Motion failed by roll -call vote of 3 to 3, with Chairman Godek, Vice - Chairman Lowery and Member
Carrington dissenting
Member Osborne, seconded by Member Carrington, moved that in Case #14 -033 the respondents be found
in violation as cited as ofMay 9 2014 and be Qiven until June 7 2014 to come into compliance or be fined
$25 per day for each day the violation remains in non - compliance Motion passed by majority roll -call vote
of 4 to 2 with Members Blynder and Kelley dissenting.
Vice - Chairman Lowery, seconded by Member Kelley moved to re -hear Case #12 -067 for request of
reduction o f fne. Motion carried unanimously
Case No. 12 -067 Tobin Frey/ Jennifer Dailer/ Unknown Financial Entity
507 Shumard Oaks Drive
Officer Loeffler
Violation Cited: 115 -3, 108 -35, 108 -231,Q
Observation: Vacant Dwelling: unsecured/ open with evidence
of unauthorized access. Condition constituting an attractive
public nuisance. Broke, unsecured garage door with broken, shattered
glass.
04/23/12
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: 04/30/12
05/03/12
STATEMENT OF VIOLATIONS
05/03/12
NOTICE OF HEARING
MEETING DATE: 05/22/12
05/03/12
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
05/22/12
COMPLIANCE ORDER
FOUND IN VIOLATION AS OF 04/30/12
TO COMPLY BY 05/29/12 OF 115 -3, 108 -23
OR FINE OF $100.00 PER DAY, PER VIOLATION. IF
NOT IN COMPLIANCE BY DATE GIVEN CITY IS
AUTHORIZED TO ABATE PROPERTY AND ADD
COSTS TO FINE.
06/26/12
ORDER TO IMPOSE FINE
08/27/12
AFFIDAVIT OF NON COMPLIANCE
10/29/12
AFFIDAVIT OF NON COMPLIANCE
01/03/13
AFFIDAVIT OF NON COMPLIANCE
03/04/13
AFFIDAVIT OF NON COMPLIANCE
04/10/13
AFFIDAVIT OF COMPLIANCE
04/10/13
NOTICE OF CLAIM OF LIEN
TOTAL DUE $63,400.00
04/10/13
PROOF OF SERVICE
CERTIFIED MAIL
04/24/14
REQUEST FOR REDUCTION
MEETING DATE: 05/27/14
05/27/14
C.E.B. RECOMMENDATION:
TO REDUCE FINE TO CITY COST OF $ 703.50 AND
A FINE OF $2500.00 FOR A TOTAL OF $3203.50.
TO BE HEARD BY COMMISSION BOARD FOR
FINAL DECISSION.
Page 3
Officer Loeffler presented the case and gave its history. Photos and the City's cost sheet were presented as
exhibits. He continued by saying that this case involved a vacant structure that contributed to a blighted
effect on the neighborhood; however, the property is now in compliance.
Ted Eckbreth, representative of the listing agent, explained to the Board that the violations occurred when
the previous owner had possession of the property. He continued by saying that he was assigned to the
property on March 30, 2014. Shortly after the new owner, Fannie Mae took over ownership of the property.
He continued by saying that after possession of the property, it was quickly brought into compliance.
Member Carrington asked if the neighbors had complained. The officer explained that the property
generated multiple citizen complaints. Member Osborne inquired the City's cost. The officer responded,
"$703.50." Member Kelley inquired from Mr. Eckbreth the timeframe from when Fannie Mae took
possession of the property to when he was assigned to the property. Mr. Eckbreth responded that it was
only a few days. Board discussion ensued regarding the timeframe that the property remained in violation of
City Codes, and the length of time from the new ownership to the date of compliance.
Member Osborne, seconded by Member Blynder, moved that in Case #12 -067, that the Code Enforcement
Board recommend to the City Commission to reduce the fne to the City's cost of $703.50. Motion failed by
roll -call vote of 3 to 3, with Chairman Godek, and Members Carrington and Kelley dissenting.
Member Blynder, seconded by Member Kelley, moved that in Case #12 -067, that the Code Enforcement
Board recommends to the City Commission that the fine be reduced to the City s cost of $703.50 and a ine
of $5, 000 for a total of $5,703.50. Motion failed by roll -call vote of 3 to 3, with Chairman Godek, and Vice
Chairman Lowery and Member Osborne dissentinZ.
Vice - Chairman Lowery, seconded by Member Osborne, moved that in Case #12 -067, that the Code
Enforcement Board recommend to the City Commission to reduce the fine to the City's cost of $703.50 and
a fine of $2,500. 00 for a total of $3203.50.
Member Kelley asked for Board discussion regarding imposing a fair fine; Board discussion ensued
regarding past practice. Member Carrington stated the minimum fine he feels is acceptable is $5,000, plus
the City's cost. He continued by saying this case was brought forward through citizen complaints and it
lingered for some time. Member Kelley agreed with Member Carrington. Member Osborne stated she felt
that in the past, the City's cost was imposed.
Motion carried by roll -call vote of 4 to 2, with Members Carrington and Kelley dissenting
Chairman Godek advised that the Code Enforcement Board can only recommend the reduction of the fine,
and the respondent will need to appear before the City Commission for the final determination.
Case No. 14 -021 Silva Brenda N Ochoa
619 N. Lakewood Avenue Officer Siegrist
Violation Cited: 105.4
Observation: Expired City Permit #4402 -2013 issued 06 -26 -13 for a fence.
04/03/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/15/14
04/18/14 STATEMENT OF VIOLATIONS
04/18/14 NOTICE OF HEARING MEETING DATE: 05/27/14
04/18/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05/16/14 NOTICE OF POSTING
Page 4
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