Item #24 Code Enforcement Reduction of Two Fines/Liens for U.S. Bank National Association Trustee re: 710 Crystal DriveIkK �,/�
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AGENDA ITEM COVER SHEET
Meeting Date: December 2, 2014
Item # Q y
Reviewed By:
Contact Name: Doug Gaines Department Director:
Contact Number: 407 - 905 -3100, ext. 1503 City Manager:
Subject: Code Enforcement Reduction of Two Fines /Liens for U.S. Bank National Association Trustee
re: 710 Crystal Drive. (District 2 Commissioner Rosemary Wilsen)
Background Summary:
The property located at 710 Crystal Drive has two separate fines /liens from separate code enforcement actions;
they are being presented as a single agenda item so the property owner can be provided a single solution.
Case 12 -102:
The property was cited on June 18, 2012 by Officer Theresa Rodriguez for miscellaneous junk and debris and
an unsafe dirty swimming pool. The codes in violation were: 115 -3 for trash and debris; 115 -6 for an
unsanitary, unmaintained, partially buried above - ground swimming pool. On August 28, 2012, the Code
Enforcement Board issued an order to comply by September 12, 2012 or be fined $100.00 per day per violation
and allow the city to abate the property if it was not in compliance by the ordered date. On September 25, 2012
the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3 and 115 -6. On
November 13, 2012 the property was documented as in compliance via city contracted abatement, thus
stopping the accruing fine with a total due of $12,825.00. The new property owner, U.S. Bank National
Association Trustee, obtained the property through foreclosure on July 29, 2014. The property is now being
maintained.
Case 13 -152:
The property was cited on October 10, 2013 by Officer Edward Loeffler for wide -open unsecured access to a
partially buried above - ground swimming pool with unsanitary green water and tall weeds and grass. The codes
in violation were: 115 -3, 108 -35 and 108 -24D. On November 26, 2013, the Code Enforcement Board issued an
order to comply by December 10, 2013 or be fined $75.00 per day per violation and to allow the city to initiate
abatement, if it so chooses, if not in compliance with the Board's orders. On January 28, 2014, the Code
Enforcement Board imposed the accruing fine and lien for non - compliance. The property was found to be in
compliance on April 25, 2014 stopping the accruing fine with a total due of $30,375.00. We understand that this
lien was filed after the Lis Pendens and before the Certificate of Title. The new property owner, U.S. Bank
National Association Trustee, brought the property into compliance.
A representative of U.S. Bank National Association Trustee, the new property owner, appeared before the Code
Enforcement Board on October 28, 2014 and requested a reduction of the fine /lien amount of $12,825.00 for
Case No. 12 -102 and $30,375.00 for Case No. 13 -152.
Issue:
Should the City Commission reduce the amount of the fine to be paid to the total cost of these enforcement
actions, which totals $43,200.00?
Recommendations:
The Code Enforcement Board recommends the fine /lien be reduced to $3,430.50 for Case 12 -102 and to
$480.50 for Case 13 -152, which is the cost to the City and a penalty for the negative blighted impact on the
neighborhood and the city. The decision by the Board to reduce the amount was based on testimony and
answers from the representative of U.S. Bank National Association Trustee and city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits
Financial Impact:
The city would recover its costs of $1,411.00, plus receive $2,500.00 penalty for the negative blighted impact on
the neighborhood and the overall city, resulting in a total recovery of $3,911.00.
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
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. A40 N/A
Reviewed by N/A
Reviewed by N/A
EXHIBIT `A' 13 -152
OFFICER E. LOEFFLER
CODE ENFORCEMENT BOARD MINUTES
October 28, 2014
CALL TO ORDER
Chairman Robert Godek called the regular meeting of the Ocoee Code Enforcement Board to order at
7:02 p.m. in the Commission Chambers at City Hall. Member Carrington gave the invocation, and Vice-
Chairman Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared
present.
PRESENT: Chairman Godek, Vice - Chairman Lowery, Members Blynder, Carrington, Hopper, Kelley,
and Osborne. Also present were Asst. Support Services Director - Code Enforcement
Manager Doug Gaines, Code Enforcement Officers Edward Loeffler and Bob Siegrist;
Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk
Diana Turner.
ABSENT:
GUESTS: None.
Administrative Assistant Coffey administered the oath to the code enforcement officers and to 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 CASF THE. CHAIRMAN WILL INSTRUCT TIIE
BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED
SEPARATELY.
A. Minutes of the September 23, 2014, Code Enforcement Board Meeting
Assistant Support Services Director — Code Enforcement Manager Doug Gaines presented the
dismissals - compliances as well as the continuances.
B. Dismissal or Compliance
Case Number Respondent
14 -081 Luis Ricardo Barajas
Miguel A Barajas
14 -083 David S Lindenauer
Carol Lindenauer
C. Order of Continuance (November 25, 2014, Meeting)
Case Number
Respondent
Location of Violation
83 E Circle Key Court
863 Hammocks Drive
Location of Violation
Hember Carrin ton seconded by flice- Chairman Lowery, moved that the supplemental consent agenda be
accepted as presented Motion carried unanimously.
Vice - Chairman Lowery, seconded by Hember Carrington, moved that Cases #12 -102 and 13 -152 be
moved to the beginning,g,o ' the agenda and then revert back to the original agenda. Motion carried
unanimously.
COMMENTS FROM CITIZENS
None,
HEARINGS OF.STA TEMENTS 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 TILE CODE ENFORCEMENT OFFICER, IN THESE MINUTES THE TITLES 10 THOSE
DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS:
ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OP COMPLIANCE, AONC - AFFIDAVIT OP NON - COMPLIANCE, ATP - APPLICATION TO
FORECLOSE, CO - COMPLIANCE ORDER, CMFD — COMMISSION MEETING FOR DETERMINATION, CS -- CONTINUED STAY, CTR - COPY TO RESPONDENT, I CO --
FXTENDED COMPLIANCE ORDER, EX- EXIIIBFFS, FS- FEES STAYED, LDC -- Land Development Code, NOCV - NOTICE, OF CODE VIOLATION. NOH - NOTICE OF
HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORF.CLOSUItF, 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 - POS, RFR - REQUEST FOR REHEARING, RFRDUC- REQUFST FOR
REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SFH — SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD —
WITHDREW.
HEARINGS ON STATEMENT DID VIOLATIONS PURSUANT TO NOTICES OF HEARINGS
Dice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #12 -702, fbf request of
reduction otfine. Motion carried unaniniousty.
Case No. 12 -102 Greg Adkins/ Louise Hoyos
710 Crystal Drive Officer Rodriguez
Violation Cited: 115 -3, 115 -6
Observation: Miscellaneous junk / debris in the backyard of property. Unsafe, dirty swimming pool.
06/18/12
NOTICE OF CODE VIOLATION
07/31/12
STATEMENT OF VIOLATIONS
07/31/12
NOTICE OF HEARING
07/31/12
PROOF OF SERVICE
08/15/12
PROOF OF NOTICE BY POSTING
08/28/12
COMPLIANCE ORDER
09/25/12
BOARD ORDER
10/01/12
ORDER IMPOSING FINE, /LIEN
10/01/12
PROOF OF SERVICE
11/13/12
AFFIDAVIT OF COMPLIANCE
11/14/12
ORDER IMPOSING FINE /LIEN
11/14/12
PROOF OF SERVICE
10/21/14
REQUEST I OR REDUCTION
10/28/14
BOARD RECOMMENDATION:
RE- INSPECTION DATE: 06/28/12
MEETING DATE: 08/28/12
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 06/27/12
TO COMPLY BY 09/12/12 OR FINE OF $100.00 PER
DAY, PER VIOLATION, AND ALLOW CITY TO ABATE
PROPERTY IF NOT IN COMPLIANCE BY DATE GIVEN
AND ADD FEES TO FINE.
IMPOSE FINE
CERTIFIED MAIL
TOTAL DUE $12,825.00
CERTIFIED MAIL
MEETING DATE: 10/28/14
REDUCE FINE TO $2500.00 + CITY COST OF
$930.50. TO BE HEARD BY CITY COMMISSION
FOR FINAL DECISION.
Officer Loeffler presented the case and gave its history. Photos were presented as exhibits.
Sue King, representative from DataQuick Title, and authorized representative for U.S. Bank National
Association, explained that this lien was imposed prior to the foreclosure. However, the foreclosing attorney
did not catch the lien and did not include it with the foreclosure. She continued by saying the batik has two
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feasible remedies: negotiate with the City for a reduction of fine; or go back and try and include the lien in
the foreclosure.
Chairman Godek explained the Board may only make a recommendation to reduce the fine, and the case
will need to go before the City Conmlission.
Mice- Chairnian Lowery inquired which violations were abated by the City. Officer Loeffler explained that
he is not sure; however, an Affidavit of Compliance is on file for the property. Administrative Assistant
Coffey explained the City contracted for the abatement. The cost of the abatement is $350.00, in addition to
the City's cost of $580.50, for a total of $930.50.
Member Hopper moved that in Case #12 -102 that the Code Enforceinent Board reconnnend to the City
Coininission to reduce the fine to $930.50. Motion failed fi °om lack of a second.
Member Illyarder , seconded by Member Carrington, inoved that in Case #12 -102, that the Code
Enforcement Board recommend to the City Commission to reduce the fine to $2,500. 00 plus the City's cost
of $930.50.
Member Hopper inquired if the bank has a buyer for this property. Ms. King responded that she is unsure.
Motion carried by majority roll -call vote of 5 to 2, with Vice - Chairman Lowery and Member _Ho
"er
dissenting.
Vice- Chahwean Lowery, seconded by Member 1(elley, inoved to re -Bear Case #13 -152, for request of
reduction of fine. Motion carried unanimously.
Case No. 13 -152 Greg Adkins / Louise Hoyos
710 Crystal Drive Officer Loeffler
Violation(s) cited: 115 - 3,108 -35, 108 -24
Observation: Wide open / unsecured access to a unsanitary in- ground swimming pool. (Pool not -to -code) Tall weeds and grass.
Conditions constituting a dangerous public nuisance, attractive nuisance to the public health, safety and welfare. Conditions
creating a blighted effect impacting the neighborhood and city.
10/24/13
NOTICE, OF CODE VIOLATION
11/13/13
STATEMENT OF VIOLA'T'IONS
11/13/13
NOTICE OF HEARING
11/13/13
ALL DOCUMENTS SENT BY
11/26/13
COMPLIANCE ORDER
01/28/14
C.E.B. ORDER
01/29/14
ORDER IMPOSING FINE /LIEN
01/29/14
PROOF OF SERVICE
02/25/14
AFFIDAVIT OF NON - COMPLIANCE
04/25/14
AFFIDAVIT OF COMPLIANCE
04/25/14
ORDER IMPOSING FINE /LIEN
04/28/14
PROOF OF SERVICE
RE- INSPECTION DATE: 11/12/13
MEETING DATE: 11/26/13
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 11/03/13
OF 115 -3, 108 -24, 108 -35. TO COMPLY BY 12/10/13 OR
FINE OF $75.00 PER DAY, PER VIOLATION UNTIL IN
COMPLIANCE. ALSO AUTIIORIZE CITY TO ABATE
BY SANITATION AND SECURITY ONLY AND ADD
TILE COSTS THE FINE IF NOT IN COMPLIANCE; BY
DATE NOTED.
IMPOSE FINE
CERTIFIED MAIL
TOTAL DUE $30,375.00
CERTIFIED MAIL
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10/21/14 REQUEST FOR REDUCTION MEETING DATE: 10/28/14
10/28/14 BOARD RECOMMENDATION: TO REDUCE, FINE TO CITY COST OF
$ 480.50. TO BE HEARD BY COMMISSION FOR
FINAL DECISION.
Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer
explained that the property was previously brought into compliance by City contractor; however, neglect of
the property reoccurred, generating a new case [13 -152]. The City did not abate this case. Total cost for this
case is $480.50.
Member Osborne inquired the current condition of the property. The officer explained that the pool has
been removed and the property has been secured. The member inquired if the property is now in
compliance. The officer answered in the affirmative.
Sue IUng explained that the bank spent $35,000 restoring the property and is considered move -in ready. She
continued by saying that this lien was filed after the Lis Pendens, and before the Certificate of Title;
therefore, the bank is not required to clear this lien. However, the bank would like to receive a formal
release of lien. Hoard Attorney Sneed agreed with Ms. King, assuming the timeline is correct as to when
the lien against the property was filed. Assistant Support Services Director Gaines concurred with the
attorney, and opined that in such cases, the Commission generally requests the City's cost.
Vice - Chairman Lowery, seconded by Member Osborne moved that in Case #13- 152,that the Code
Enforcement Board recommend to the City Connn.ission to reduce the fine to the City's cost of $480.50.
Motion carried unanimously.
Case No. 14 -084 Edguardo Caruso/ Natalie Caruso
409 Little Spring Hill Dr
Violation Cited: 115 -5
Observation: Grass /weeds over 10 ".
09/29/14 NO'T'ICE OF CODE VIOLATION
10/16/14
STATEMENT OF VIOLATIONS
10/16/14
NOTICE OF HEARING
10/16/14
ALL DOCUMENTS SENT BY
10/28/14
COMPLIANCE ORDER
Officer Siegrist
RE- INSPECTION DATE: 10/15/14
MEETING DATE: 10/28/14
RE G. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 10/14/2014.
TO COMPLY BY 11/07/2014 OR FINE OF
$100.00 PER DAY UNTIL IN COMPLIANCE.
AUTHORIZE CITY TO ABATE TIIE PROPERTY
AND ADD COSTS TO THE FINE
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer re-
inspected the vacant property today, October 28, 2014, and observed the property to be in non- compliance.
The City is recommending a 10 -day compliance window and $100 per day for non - compliance after the 10
days; and that the Board order the nuisance abated, and the cost added to the fine. The officer explained that
this case was self - initiated and not generated through citizen complaint.
Member Carrington seconded by Member Osborne, moved that in Case #14 -084 the respondents be foauul
in violation cis cited as of October 14 2014 and be given until November 7 2014 to come in to compliance,
or be fined $100 per clan for each day the violations reinain in non - compliance and to authorize the City to
abate the nuisance and assess the costs to the fine. Motion carried unanimously.
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