Item #10 Code Enforcement Reduction of Fine/Lien for Kandy L. Valentine regarding 610 Sherwood Oaks Circle u
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AGENDA ITEM COVER SHEET
Meeting Date: February 17 , 2015
Item # l O
Reviewed By : ,1
Contact Name: Doug Gaines Department Director: e /'
Contact Number: 407 - 905 -3100 ext 1503 City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for Kandy L. Valentine regarding
610 Sherwood Oaks Circle (District 4 Commissioner Joel Keller )
Background Summary:
This case involves an air conditioning contractor, Crums Climate Control, Inc., who failed to obtain multiple
permits and inspections throughout the city to the extent that the building official ordered only the contractor be
cited before the Code Enforcement Board. The property owner in this case was not cited, and no case was
brought before the Code Enforcement Board regarding the property owner. Unfortunately, a lien was recorded
against the property as well as the offending contractor. This contractor was cited on August 11, 2006 by Officer
Teresa Brady - Bagwell (no longer employed by the City) for an expired permit with no final inspection. The code
in violation was: Florida Building Code 105.4. On September 26, 2006, the Code Enforcement Board issued an
order to comply by October 10, 2006 or be fined $50.00 per day. On October 24, 2006 the Code Enforcement
Board imposed fine and lien for non - compliance. The violation was found in compliance on June 29, 2007.
Issue:
Kandy L Valentine, the property owner who was not cited in this case, is requesting the fine /lien amount of
$13,100.00 be eliminated. She never received any notifications, as she was not cited or named. Only the
contractor was cited, which was not the legal way of citing the property.
Recommendations:
This case is going directly to the City Commission for a final ruling, as this is a special case where the property
owner was never notified but the contractor was. Staff recommends that the $13,100.00 fine /lien be eliminated.
Attachments:
Letter from homeowner.
Financial Impact:
The City would not collect the levied fine of $13,100.00. There were no costs to the City related to this property.
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
X 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. 4 ■7:1 - N/A
Reviewed by 0 N/A
2
Code Enforcement Board January 6, 2015
City of Ocoee, FL
After a title search for the sale of my home, (Dec. 29, 2014) 1 became aware of a fine against Crums
Climate control by the City of Ocoee on work performed at my address. (610 Sherwood Oaks Circle,
Ocoee, FL) in September of 2005. It came as a devastating shock to me that the home, that I have
worked so very hard to pay for, now has a heavy lien against it through no fault of mine. I employed a
repeatable contractor to replace an existing air - conditioning system and my estimate and invoice clearly
stated that all permits and inspections would be handled under standard work. The terms of my invoice
stated that work would commence on a $500.00 deposit and the remaining $4095.00 would be paid on
completion. I honored this contract and was told by Crums that the work was completed by code. I
now find out that although the permit was pulled the proper inspections were not made in a timely
manner and when they were done, some of the work was out of compliance and needed to be
corrected. Although, those corrections were made in November of 2005 it was never communicated to
me by the City or Crums that my property was out of compliance and there would be fines levied if they
were not completed in a timely manner. I still don't really understand what happened and why, but I
understand from the case information that was shared with me on 12/29/14 that I am now responsible
for this fine. I just feel that I should have been notified by Crums or the City if I was going to be held
financially responsible so I could have had the opportunity to correct it then. I pride myself on my credit
rating. It hasn't been easy but I have held a rating in the high 700's all my life because of my attention to
detail and honoring my commitments. I have been a resident of Ocoee since 1993 and as a single
mother ran a daycare out of my home to support myself and my daughter. My only source of retirement
was what I felt I was earning in equity in this home. I purchased the home for $120,000 in 2001 and
have invested over $40,000 in up keep and improvements over the 14 years I've lived and worked in
Ocoee. Now that my daughter is married and on her own and I slow down into my senior years at 51 I
find that the equity that I was planning on has been stolen away by an in ethical company, no longer in
business. I know that the actions of the city are in place to secure the safety of its citizens and that the
actions that it took toward Crums for work outside of code were there to protect me. I realize faulty
work can result in a lot more then fines. (fire, death etc....) For that, I thank you. But, the very person
you're trying to protect has now become the victim because Crums is no longer here to pay their fine. 1
don't know anything about air - conditioning work or wiring or permits. That's why I hired and trusted a
contractor. I understand there were costs associated with this issue by the city and I am willing to pay a
fair amount for these services. I don't know what they are, but, they can't be $13,000. I would very
much appreciate your consideration in reducing this these fine to a number more commensurate with
the actual costs. Sincerely, Kandy Valentine
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