Item #08 Code Enforcement Reduction of Fine/Lien By Realtor William G. Jefferson on behalf of Lindsey Cunningham Re: 2603 Coventry Lane Vfir
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AGENDA ITEM COVER SHEET
Meeting Date: March 17, 2015
• Item #
Reviewed By:
Contact Name: Doug Gaines Department Director: AO,/
Contact Number: 407 - 905 -3100 ext 1503 City Manager: /
Subject: Code Enforcement Reduction of Fine /Lien by Realtor William G. Jefferson on behalf
of Lindsey Cunningham regarding 2603 Coventry Lane (District 4 Commissioner Joel Keller)
Background Summary:
This case involved a vacant property with a missing fence gate leading to an un- secured pool enclosure and an
in- ground swimming pool with green unsanitary water. These were conditions constituting an attractive public
nuisance to the public health, safety and welfare. The property owner, Lindsey Cunningham, was cited on July
3, 2012 by Code Officer Edward Loeffler. The codes in violation were: 115 -3 prohibited acts, 115 -6 unsanitary
swimming pool water and 108 -35 public nuisance. On July 24, 2012 the Code Enforcement Board issued an
order to comply by August 7, 2012 or be fined $100.00 per day per violation. On August 31, 2012 the Code
Enforcement Board imposed fine and lien for non - compliance. The violations were found in compliance on
December 11, 2012.
Issue:
Lindsey Cunningham, the former property owner still residing at the location, is requesting the fine /lien amount
of $37,500.00 be reduced to facilitate a traditional sale to the current quit -claim owners.
Recommendations:
On February 24, 2015 the Code Enforcement Board re- opened the case. The board recommends that the
$37,500.00 fine /lien be reduced to the city's cost of $923.50. The discussion by the Board to reduce the amount
was based on testimony and answers from Ms. Angelea Gillette and city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits.
Financial Impact:
The city would recoup the $923.50 city's expense if the Commission agrees with the Code Enforcement Board.
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. t N/A
Reviewed by 0 N/A
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C. Order of Continuance (March 24, 2015, Meeting)
Case Number Respondent Location of Violation
15 -023 Brian L Hanawait 312 Phyllis Street
Member Carrington, seconded by Member Hopper, moved that the supplemental consent agenda be
accepted as presented. Motion carried unanimously.
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:
ACED - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE. AONC - AFFIDAVIT OF NON - COMPLIANCE, ATF- APPLICATION TO
FORECLOSE, CO - COMPLIANCE ORDER, C'MFD — 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, 01F-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- 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 #12 -108 be moved to the beginning
of the agenda and then revert back to the original agenda. Motion carried unanimously.
Vice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #12 -108, for request of
reduction offine. Motion carried unanimously.
Case No. 12 -108 Lindsey Cunningham
2603 Coventry Lane Officer Siegrist
Violation Cited: 115 -3, 115 -6, 108 -35
Observation: Missing fence -gate leading to unsecured, torn screen pool enclosure containing an in- ground swimming pool with
green unsanitary water; conditions constituting an attractive public nuisance to the public health, safety and welfare.
07/03/12 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 07/10/12
07/12/12 STATEMENT OF VIOLATIONS
07/12/12 NOTICE OF HEARING MEETING DATE: 07/24/12
07/12/12 PROOF OF SERVICE REG. & CERTIFIED MAIL
07/12/12 PROOF OF NOTICE BY POSTING
07/13/12 PROOF OF NOTICE BY POSTING
07/24/12 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON
07/09/12. TO COMPLY BY 08/07/12 OR
FINE OF $100.00 PER DAY, PER VIOLATION.
AUTHORIZE CITY TO ABATE PROPERTY
IF NON - COMPLIANCE BY DATE GIVEN
AND ADD COSTS TO FINE.
08/31/12 ORDER IMPOSING FINE /LIEN
09/04/12 PROOF OF SERVICE CERTIFIED MAIL
10/10/12 AFFIDAVIT OF NON COMPLIANCE
12/11/12 AFFIDAVIT OF COMPLIANCE
12/11/12 ORDER IMPOSING FINE /LIEN TOTAL DUE $37,500.00
12/11/12 PROOF OF SERVICE CERTIFIED MAIL
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02/12/15 REQUEST FOR REDUCTION MEETING DATE: 02/24/15
02/24/12 BOARD MOTION RECOMMEND TO REDUCE FINE TO
CITY COST OF $923.50. TO BE HEARD
BY CITY COMMISSION BOARD IN
MARCH 2015 FOR FINAL DECISSION.
Officer Loeffler presented the case and gave its history. The officer explained the property came into
compliance in December 2012; the accrued fine is $375,000.00 and the City's cost is $923.50. The home
came into compliance upon occupancy by the tenants.
Angelia Gillette advised she is currently working with the mortgage company and the property owner to
resolve the liens so that the home may be offered as a short sale. Officer Loeffler stated the property has
been well- maintained since its compliance date.
Member Osborne, seconded by Member Hopper, moved that in Case #12 -108, that the Code Enforcement
Board recommend to the City Commission to reduce the fine to $923.50.
Member Kelley inquired how the accrued fine could be so high if the property was in violation for only
five months. After discussion with Staff, it was concluded the accrued fine amount is incorrect.
After Board discussion:
Motion carried, 4 -3, with Chairman Godek and Members Carrington and Kelley dissenting.
Case No. 15 -019 Dorothy A Phelps
469 Little Aspen Court Officer Siegrist
Violation Cited: 115 -5
Observation: Overgrown grass /weeds 10 ".
01/07/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 01/23/15
02/06/15 STATEMENT OF VIOLATIONS
02/06/15 NOTICE OF HEARING MEETING DATE: 02/24/15
02/06/15 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
02/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 01/22/15.
TO COMPLY BY 03/06/15 OR FINE OF
$50.00 PER DAY UNTIL IN COMPLIANCE.BC
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer
explained that the case was brought forward by citizen complaints. A re- inspection of the property was
conducted today [February 24, 2015], and resulted in non - compliance. The City is recommending a 10 -day
compliance window and $50 per day, for non - compliance after the 10 days; and that the Board order the
nuisance abated, and the cost added to the fine.
Member Osborne, seconded by Member Carrington, moved that in Case #15 -019, the respondent be found
in violation as cited as of January 22, 2015, and be given until March 6, 2015, to come in to compliance, or
be fined $50 per day, for each day the violation remains 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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