Item #08 Code Enforcement Reduction of Fine/Lien for Charles Lowery, RE: 1000 Center Street V
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AGENDA ITEM COVER SHEET
Meeting Date: Au ust 18, 2015
Item # f
Reviewed By:
Contact Name: Doug Gaines Department Director: „ eg274...,
Contact Number: 407-905-3100 ext 1503 City Manager:
41/1/1 *
Subject: Code Enforcement Reduction of Fine/Lien for Charles Lowery, re: 1000 Center Street.
(District 2 Commissioner Rosemary Wilsen)
Case 11-033
Background Summary
This property was cited on January 13, 2011 by Officer Carmen Delgado for miscellaneous junk and debris on
the property. The code in violation was §115-3, Prohibited Acts; for junk and debris. On March 3, 2011 the
Code Enforcement Board issued an order to comply by April 12, 2011 or be fined $100.00 per day per violation.
On April 26, 2011 the Code Enforcement Board imposed the accruing fine and lien as of April 12, 2011 for non-
compliance of§115-3. Jamke, A California General Partnership, purchased the property for $55,400.00 on May
6, 2015, and they brought the property into compliance on June 2, 2015.
Issue:
Barney Killinger of Pro Auctions Services (Representive for Jamke) appeared before the Code Enforcement
Board on July 28, 2015 and requested a reduction of the fine/lien amount of $152,100.00, plus City's cost of
$2521.00 totaling $154,621.00.
Recommendations:
The Code Enforcement Board is recommending the fine/lien be reduced to $2,521.00, the city's cost. The
decision by the Board to reduce the amount was based on testimony and answers from Barney Killinger and
city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits
Financial Impact:
The city would be paid its costs of$2,521.00.
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
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. j e;I s N/A
Reviewed by () N/A
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C. Order of Continuance (August 25, 2015, Meeting).
Case Number Respondent Location of Violation
15-072 Stephen Griffin& Taiche Taylor 3432 McCormick Woods Drive
15-075 Joseph, Thomas, & Melissa Armour 196 Beacon Point Drive
Member Hopper, seconded by Member Odom, moved that the supplemental consent agenda be accepted as
presented. Motion carried unanimously.
COMMENTS FROM CITIZENS
None.
Member Kelley, seconded by Member Hopper, moved that Cases #11-033 be moved to the beginning of the
agenda and then revert back to the original agenda. Motion carried unanimously.
Member Kelley, seconded by Member Hopper, moved to re-hear Case #11-033, for request of reduction of
fine. Motion carried unanimously.
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. 11-033 Charles Lowery
1000 Center Street Officer Delgado
Violation Cited: 115-1, 115-2, 115-3
Observation: Miscellaneous junk/debris on property.
01/13/11 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/24/11
03/01/11 STATEMENT OF VIOLATIONS
03/01/11 NOTICE OF HEARING MEETING DATE: 03/22/11
03/01/11 PROOF OF SERVICE REG. &CERTIFIED MAIL
03/22/11 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 02/28/11
TO COMPLY BY 04/12/11 OR FINE OF
$100.00 PER DAY, PER VIOLATION.
04/13/11 AFFIDAVIT OF NON-COMPLIANCE
04/26/11 C.E.B.. ORDER IMPOSE FINE AS OF 04/03/11 @ $100.00
PER DAY,PER VIOLATION AND ADD
COSTS OF CITY OF $ 302.50.
04/27/11 ORDER IMPOSING FINE/LIEN
04/27/11 PROOF OF SERVICE REG&CERTIFIED MAIL
06/29/11 AFFIDAVIT OF NON COMPLIANCE
08/30/11 AFFIDAVIT OF NON COMPLIANCE
10/31/11 AFFIDAVIT OF NON COMPLIANCE
01/09/12 AFFIDAVIT OF NON COMPLIANCE
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03/19/12 AFFIDAVIT OF NON COMPLIANCE
05/25/12 AFFIDAVIT OF NON COMPLIANCE
07/25/12 AFFIDAVIT OF NON COMPLIANCE
09/26/12 AFFIDAVIT OF NON COMPLIANCE
11/28/12 AFFIDAVIT OF NON COMPLIANCE
01/31/13 AFFIDAVIT OF NON COMPLIANCE
04/01/13 AFFIDAVIT OF NON COMPLIANCE
06/07/13 AFFIDAVIT OF NON COMPLIANCE
08/16/13 AFFIDAVIT OF NON COMPLIANCE
10/09/13 AFFIDAVIT OF NON COMPLIANCE
01/29/15 AFFIDAVIT OF NON COMPLIANCE
01/30/15 AFFIDAVIT OF NON COMPLIANCE
06/02/15 AFFIDAVIT OF COMPLIANCE
06/26/15 REQUEST FOR REDUCTION MEETING DATE: 07/28/15
Officer Delgado presented the case and gave its history. The property was presented at the March 22, 2011,
meeting. At that time, they were found in non-compliance and given until April 12, 2011 to comply, or be
fined $100 per day, per violation. Property was in violation 1,521 days. As of June 2, 2015, they were given
an affidavit of compliance with the total fine of$154,620.50 and the City's cost is $2,520.50.
Barney Killinger, affiliate with California General Partnership, received the property as a foreclosure in
April 2015. The company had since then cleaned up the excess debris around the property and brought the
property up to code to have the house sold. Mr. Killinger explained they are in the process of closing with a
buyer and requested the fine be reduced to the City's cost.
Member Osborne, seconded by Member Hopper, moved that in Case #11-033, that the Code Enforcement
Board recommends to the City Commission that the fine be reduced to City's cost of$2,520.50. Motion
carried unanimously.
Case No. 15-057 Pedro Camacho & Joaquin Pompa
900 Starke Lake Circle Officer Loeffler
Violation Cited: 115-3, 108-24, 168-6, 6-4H(6)(B)
Observation: Misc. Conditions constituting a public nuisance and nuisance to the Public Health, Safety&Welfare.
Inoperable,expired tag,no tag vehicles with evidence of abandonment and/or inoperable condition parked/stored on property
with ramps,jacks,jack stands, flat or missing tires and tall weeds and grass. Vehicles parked and stored on un-surfaced grass
lawn. Property littered with tools, equipment,parts, debris,junk, scrap and building materials. Tall weeds &grass on portions of
property. Prohibited trailer parking and storage location.
04/09/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/28/15
05/12/15 STATEMENT OF VIOLATIONS
05/12/15 NOTICE OF HEARING MEETING DATE: 05/26/15
05/12/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
05/26/15 ORDER OF CONTINUANCE MEETING DATE: 06/23/15
06/23/15 ORDER OF CONTINUANCE MEETING DATE: 07/28/15
Officer Loeffler presented the case and gave its history. April 8, 2015, he responded to multiple citizen
complaints and presented exhibits displaying the violation on the property. The officer observed a nuisance
vehicle with evidence of abandonment, which was parked on unsurfaced grass, with the property being
littered with tools and debris, and also documented tall weeds and grass. As of May 12, 2015, the property
was still in non-compliance. As of July 28,2015, the property is in compliance, but the officer also stated
this property has had repeat violations.
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