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Item #07 Code Enforcement Reduction of Fine/Lien for Srmof II 2012-1 Trustocoee florldo AGENDA ITEM COVER SHEET Meeting Date: July 21, 2015 Item # 7 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 Srmof II 2012 -1 Trust, C /O: Quintairos Prieto Wood Boyer PA. re: 292 Sabinal Street. (District 3 Commissioner Rusty Johnson) Case 15 -033 Background Summary This property was cited on February 17, 2015 by Officer Carmen Delgado for deterioration of the existing fence. The fence in the back of the property was lying on the ground, and the windows at the back porch were open and accessible. The codes in violation were §95 -3, Fence Maintenance and §115 -3, Prohibited Acts; Care of Premises. On March 2, 2015 the Code Enforcement Board issued an order to comply by April 3, 2015 or be fined $150.00 per day per violation. On April 6, 2015 the Code Enforcement Board imposed the accruing fine and lien as of April 4, 2015 for non - compliance of 95 -3 and 115 -3. Srmof II 2012 -1 Trust, purchased the property on November 10, 2014 and brought the property into compliance as of June 5, 2015. The property is being maintained. Issue: Matthew Krueger, Vice President at Meridian Asset Services, appeared before the Code Enforcement Board on June 23, 2015 and requested a reduction of the fine /lien amount of $18,300.00, plus City's cost of $704.00 totaling $19,004.00. Recommendations: The Code Enforcement Board is recommending the fine /lien be reduced to $704.00, the city's cost. The decision by the Board to reduce the amount was based on testimony and answers from Matthew Krueger and city staff. Attachments: Code Enforcement Board meeting minutes. Financial Impact: The city would be paid its costs of $704.00. Type of Item: (please mark with an `x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval For Clerk's Dept Use: Consent Agenda Public Hearing x Regular Agenda X Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () 2 N/A N/A N/A 15 -067 Elizabeth Caswell 6826 Millstream Road 15 -069 Linda Gaddis 603 Sherwood Oaks Circle Margaret Gaddis Vice - Chairman Carrington, seconded by Member Kelley, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimouslL . COMMENTS FROM CITIZENS None. Other Business Vice - Chairman Carrington, seconded by Member Kelley, moved to re -hear Case 415 -033, for request of reduction o Motion carried unanimouslE. 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: ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, ATF- APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD - 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, 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- 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 Case No. 15 -033 Srmof 11 2012-1 Trust C/O Quintairos Prieto Wood Boyer PA 292 Sabinal Street Officer Diaz Violation Cited: 95 -3, 115 -3 Observation: Deteriorated of existing fence. Fence in back of property is down and windows in back of property are open and accessible to vandalism. 02/17/15 NOTICE OF CODE VIOLATION 03/05/15 STATEMENT OF VIOLATIONS 03/05/15 NOTICE OF HEARING 03/05/15 ALL DOCUMENTS SENT BY 03/24/15 COMPLIANCE ORDER 04/06/15 AFFIDAVIT OF NON - COMPLIANCE 04/28/15 IMPOSE FINE AS OF 04/04/2015 04/29/15 ORDER IMPOSING FINE/LIEN 04/30/15 PROOF OF SERVICE 06/04/15 AFFIDAVIT OF NON - COMPLIANCE 06/05/15 AFFIDAVIT OF COMPLIANCE 06/15/15 ORDER IMPOSING FINE/LIEN 06/15/15 PROOF OF SERVICE 06/16/15 REQUEST FOR REDUCTION RE- INSPECTION DATE: 03/03/15 MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED ON 02/27/15. TO COMPLY BY 04/03/15 OR FINE OF $150.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALLOW CITY TO ABATE PROPERTY AND ADD FEES TO FINE. CERTIFIED MAIL TOTAL DUE $18,300.00 CERTIFIED MAIL MEETING DATE: 6/23/15 Page 2 Officer Siegrist presented the case and gave its history. Property was presented at the March 24, 2015 meeting. At that time, they were found in violation and given until April 3, 2015 to comply, or be fined $150 per day, per violation. As of April 6, 2015, they were given an affidavit of non - compliance and approximately 61 days after, were found in compliance on June 5, 2015. Total amount of fine was $18,300, with the City's cost in the amount of $703.37. Mr. Matthew Krueger, Vice President of Meridian Asset Services, explained his company received the property from the bank due to foreclosure in November 2014. The company hired a property management company to diagnose the property and bring the property back into compliance, so they could get the property on the market to sell. He stated as of December 16, 2015, the property was brought in compliance to their standards by fixing the fence and taking care of the lawn maintenance. He also provided date - stamped photos to the Board, and advised that their agents also post a sign in the window of the property with contact information from the management company. Mr. Krueger requested the fine be reduced to the City's cost of $703.37. Code Enforcement Manager Doug Gaines advised the Board that they are not able to accept photos from anyone who is not a City Representative. Member Hopper, seconded by Member Osborne, moved that in Case #I5 -033, that the Code Enforcement Board recommends to the City Commission that the fine be reduced to City's cost of $703.37. Motion carried 4 -2 with Vice - Chairman Carrington and Member Kelley dissenting. COMMENTS Code Enforcement Manager Doug Gaines welcomes Member Odom to the Board, and congratulates Chairman Darrell Lowery and Vice - Chairman Carrington for their reappointments. Chairman Darrell Lowery comments on the packets that are provided to Board Members prior to the meeting, and requests to have them left for collection after the meeting. ADJOURNMENT Meeting adjourned at 7:28 p.m. ATTEST: APPROVED: Nichole DeRienzo, CEB Recording Clerk Darrell Lowery, Chairman Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. Page 3