Item #15 Code Enforcement Reduction of Fine/Lien for Property Owner Donna Kennington Regarding 1515 Jemima AveY
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AGENDA ITEM COVER SHEET
Meeting Date: May 19, 2015
Item #
Reviewed By
Contact Name: Doug Gaines Department Director:
Contact Number: 407 - 905 -3100 ext 1503 City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for property owner Donna Kennington
regarding 1515 Jemima Ave (District 1 Commissioner John Grogan)
Background Summary:
This property was cited on August 25, 2014 by Officer Edward Loeffler for extremely tall overgrown grass and
weeds, broken window glass, a dilapidated perimeter fence and gate, and no address numbers displayed. The
codes in violation were: 115 -5, 108 -23i. 108 -23 J, 108 -23Q and 54- 3A(1). On October 28, 2014 the Code
Enforcement Board issued an order to comply by November 7, 2014 or be fined $100.00 per day per violation.
On November 26, 2014 the Code Enforcement Board imposed fine and lien for non - compliance. The property
was found in compliance on January 8, 2015, and the property is currently being maintained.
Issue:
A representative with power of attorney for Donna Kennington, the owner, appeared before the Code
Enforcement Board on April 28, 2015 and requested the fine /lien amount of $18,300.00 be reduced to facilitate
a foreclosure short-sale prior to a pending court scheduled public sale on June 2, 2015.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $1,000.00. This amount is to include
the city's cost of $675.06. The discussion 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.
Financial Impact:
The city would recover its costs of $675.06 and recover an additional $324.94 for the effect on the city and
residents.
Type of Item: (please mark with an 'Y)
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. _ & N/A
Reviewed by () N/A
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Member Kelley, seconded by Member Blunder, moved in Case 914 -060, that the Code Enforcement Board
recommends to the City Commission that the fine be reduced to $1,000 which includes the City's cost.
Motion carried unanimously.
Member Hopper, seconded by Member Kelley, moved to re -hear Case #15 -001, for request of reduction of
fine. Motion carried unanimously.
Case No. 15 -001 John Price Estate Electrical Services
492 Wurst
Road
Officer Siegrist
Violation Cited: 1108 -22, 108 -19C
Observation:
People living in house without an active Electric service
and using generator for power.
12/10/14
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: 12/22/14
01/07/15
STATEMENT OF VIOLATIONS
01/07/15
NOTICE OF HEARING
MEETING DATE: 01/27/15
01/07/15
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
01/27/15
COMPLIANCE ORDER
FOUND IN VIOLATION AS OF 12/20/2014
AS CITED. TO COMPLY BY 02/06/2015
OR FINE OF $100.00 PER DAY, PER
VIOLATION UNTIL IN COMPLIANCE.
02/10/15
AFFIDAVIT OF NON COMPLIANCE
OFFICER SIEGRIST
02/25/15
BOARD ORDER
IMPOSE FINE AS OF 02/17/2015
02/25/15
ORDER IMPOSING FINE /LIEN
03/16/15
AFFIDAVIT OF COMPLIANCE
04/13/15
REQUEST FOR REDUCTION
MEETING DATE: 04/28/15
04/16/15
ORDER IMPOSING FINE /LIEN
TOTAL DUE $5,200.00
04/16/15
PROOF OF SERVICE
CERTIFIED MAIL
Officer Siegrist presented the case and gave its history. A re- inspection of the property was conducted on
March 16, 2015, and resulted in compliance. The total City's cost is $861.66, plus the accrued fine of
$5,200.
Claudie Montes, of Florida Dream Real Estate, said she is the leasing agent of the property and as soon as
they were in possession of the property, they were able to remove all of the trash within the property. The
bank paid $3,600 for the removal of all the trash inside the property. The property was in non - compliance
from February 10 through March 16
Member Osborne, seconded by Member Hopper, moved in Case #15 -001, that the Code Enforcement
Board recommends to the City Commission that the fine be reduced to $1,000, which includes the ci 's cost
of $861.66 Motion carried unanimously.
Member Kelley, seconded by Member Hopper, moved to re -hear Case 414 -085, for request of reduction of
fine. Motion carried unanimously,
Case No. 14 -085 Dona J Kennington
1515 Jemima Avenue
Officer Loeffler
Violation Cited: 115 -5, 54- 3A(1), 108- 23i,J,Q,
Observation: Overgrown/tall weeds and grass. Broken and shattered window glass (2 windows). Dilapidated falling chain link
fence. No address numbers displayed on building or mailbox.
08/25/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09/17/14
10/16/14 STATEMENT OF VIOLATIONS
Page 4
10/16/14
10/16/14
10/28/14
11/26/14
11/26/14
01/08/15
01/13/15
04/13/15
NOTICE OF HEARING
ALL DOCUMENTS SENT BY
COMPLIANCE ORDER
ORDER IMPOSING FINE /LIEN
PROOF OF SERVICE
MEETING DATE: 10/28/14
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 09/15/2014
TO COMPLY BY 11/07/14 OR FINE OF
$100.00 PER DAY, PER VIOLATION, UNTIL
IN COMPLIANCE. AUTHORIZE THE CITY
TO ABATE THE PROPERTY SHOULD THEY
SEE THE NEED AND ADD THE COSTS TO
THE FINE.
AS OF 11 -8 -14
CERTIFIED MAIL
AFFIDAVIT OF COMPLIANCE
ORDER IMPOSING OF FINE/LIEN TOTAL $18,300.00
REQUEST FOR REDUCTION MEETING DATE: 04/28/2015
Officer Loeffler presented the case and gave its history. Property came into compliance on January 8, 2015.
The total City's cost is $523.00, plus the accrued fine of $18,300.00.
Kimberlee Frank, with Sell Fast Realty, explained Mrs. Kennington is an elderly woman who was unable
to maintain the property, which she has recently moved out of due to foreclosure. Ms. Frank has a cash
buyer ready to close and is requesting to reduce the fine to $1000.00 since the property is now in
compliance.
Member Hopper, seconded by Alt. Member Amey, moved that in Case 414 -085, that the Code Enforcement
Board recommends to the City Commission that the ,fine be reduced to $1,000, which includes the CitL's
cost of $523.00. Motion carried unanimously.
Case No. 15 -052 Charles Butterfield
716 Crystal Drive Officer Loeffler
Violation Cited: 115- 5A,B,C., 165 -3A, 115 -3, 168- 6(B)(1)(a)(b), 108 -24D
Observation: Junk/inoperable Chevrolet Camaro on stands and ramps. Junk/inoperable partially disassembled Ford
Thunderbird on jacks and stands. Misc. junk, tools, equipment and parts littering property. Two different vehicles
parked on unimproved, un- surfaced portions of front yard grass. Tall weeds and grass. All conditions constituting a
public nuisance.
04/14/15
NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/14/15
04/14/15
STATEMENT OF VIOLATIONS
04/14/15
NOTICE OF HEARING MEETING DATE: 04/28/15
04/14/15
ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL
Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of today,
April 28, 2015, the property is in compliance.
Charles Butterfield, resident of the property, said he has removed all of the cars and debris within his
property.
Member Kelley, seconded by Member Osborne, moved that in Case #15 -052, the respondent is found in
violation as cited as of March 25, 2015, and be found in compliance April 28, 2015, and no fne to be
assessed at this time. Motion carried unanimously.
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