Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

as ordered. II. CONCLUSIONS OF LAW: The Respondents, by reason of the foregoing facts, did not comply with the July 12, 2006 Order of this Board, in that the Respondents did not correct the cited violation(s) on or before August 11, 2006, as specified in said Order. M. SECOND ORDER: 1. The Finding of Noncompliance is hereby accepted, the Respondent( s) not having corrected the attached violation( s) on or before August 11, 2006. 2. The Respondent(s) is /are hereby ordered to correct the attached violation(s) and to pay a fine of $250.00 per day for each day the violation(s) continue(s) beyond August 11, 2006. The Respondent(s) is /are further ordered to contact the Department of Community Development Services to arrange for re- inspection of subject property in order to verify the date on which said violation(s) has/ have been corrected. The Board also finds that since i the Respondent failed to correct the violation as above before August 11, 2006, that the Respondent owes an Administrative Fee of $325.00 due and payable by the first day of the month following this order, to compensate the City for actual costs of prosecution to the date of the hearing. The Board may order additional Administrative Fees should the Respondent(s) fail to correct the violation(s) as ordered. a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violation(s) and assess the costs of these actions against the property, in accordance with Section 5. 05, of the City of Fort Walton Beach Code of Ordinances. b. Upon recording of this Order in the Public Records of Okaloosa County, Florida, the aforesaid fines and assessments levied against the Respondent( s) shall constitute a lien against the land on which the aforesaid Code violation exist(s) and against any other real or personal property owned by the Respondent( s). c. Should the aforementioned lien remain unpaid three ( 3) months after the recording of this Second Order in the Public Record of Okaloosa County, Florida, the Board may in a subsequent action authorize the City Attorney to initiate proceedings to foreclose on this lien in the manner provided for by statute for the foreclosure of other municipal liens. Page - 2 - 06- 00000395 BK: 2736 PG: 2265 d. You have the right to request a fine reduction from the Code Enforcement Board pursuant to Florida Law and the Rules and Regulations of the Code Enforcement Board. You may request a fine reduction within ten ( 10) days after an Order imposing a fine has been signed. If you do not request a fine reduction within the proper time, the Order imposing a fine shall be filed in the Okaloosa County Records as alien against your property. Caution: Requesting a fine reduction does not extend the time for riling on appeal to the circuit court. Pursuant to section 162. 11, Appeals, of the Florida Statutes, as amended, an aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the records created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. A true and correct copy of this Action and Second Order shall be sent to the e. Respondent( s) by regular mail and shall be recorded in the Public Records of Okaloosa County, Florida. DONE AND ORDERED September 13, 2006 CODE ENFORCE NT BOARD CITY OF FORT WA O BEAC , FLORIDA By: airman, Code Enforcement Board) Paul Horn I HEREBY CERTIFY that a true and correct copy of the foregoing Action and Second Order has been mailed to the Respondent(s), this f ) day of By. Code Enforcement Board Administrator 1440; e. i 1/ Signature (Please Print) Attachment CERTIFIED A TRUE AND CORRECT COPY CITYIOF FORT WALTON BEACH H N ENC . =- R BY: DATE: Page - 3 - 06- 00000395 BK: 2736 PG: 2266 Violation Teat ROOF MAINTENANCE: SEC. 3. 10.06 ( 2)&( 34 FAILURE TO REPAIR AND MAINTAIN DETERIORATED ROOFING. Violation Description Section 3. 10. 06 Responsibilities of Owner It shall be the duty and responsibility of the owner of the remises to maintain the Rremises so that: 2 The premises shall be free of loose and overhanging objects, which, bv reason of location above ground level, constitute a dan er of falling on persons in the vicinity thereof. 34 Roofs shall be covered with roofing material suitable for ex sure to the elements pursuant to the Standard BuildiES Code. Roofs and roof coverings shall remain structurally sound and watertight and shall not contain visible holes, rips, tears, breaks, mold or mildew or the like. Roofs shall be repaired using like materials to the existing materials. Violation Corrective Action Obtain required permits and repair all damaged or deteriorated roof materials. Page - 4 - 06- 00000395  This Instrument Prepared By: Steven B. Bauman, Esq. 909 Mar Walt Drive, Ste. 1014 Fort Walton Beach, Florida 32547 850) 863 -4064 STATE OF FLORIDA COUNTY OF OKALOOSA RELEASE OF CODE ENFORCEMENT LIEN KNOW ALL MEN BY THESE PRESENTS that the City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, hereby releases the Code Enforcement Lien established, pursuant to the Action on Statement ofNoncompliance and Second Order that is recorded in O. R. Book 2736, Page 2263, of the Public Records of Okaloosa County, Florida, against the real property that is more particularly described as follows: 205 Florida PL SE, only. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this day of , 2010. Witnesses: CITY OF FORT WALTON BEACH, FLORIDA Printed Name: Printed Name: M STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of , 2010, by as of the City of Fort Walton Beach, Florida, who is personally known to me or who produced as identification. SWORN TO AND SUBSCRIBED before me this day of NOTARY PUBLIC State of Florida at Large  CITY COUNCIL MEETING November 23, 2010 Discussion - Direction - Action Memorandum of Agreement Synopsis: Provides for an Agreement with Okaloosa Countyfor Gibson Holding Pond maintenance Agenda Item Number: 14. 2  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: November 2, 2010 Subject: Memorandum of Agreement with Okaloosa County for Stormwater System Improvements to the Gibson Holding Pond 1. BACKGROUND: 1. 1 The City of Fort Walton Beach owns and maintains a stormwater management pond on the Golf Course property, named the Gibson Holding Pond, which collects stormwater runoff from approximately 110 acres. The property is more specifically described as the Northwest 1/ 4 of the Northwest 1/ 4 of the Southwest 1/ 4 of Section 35, Township 1 South, Range 24 West, Okaloosa County, Florida, recorded in Plat Book 696, Page 261 of the Official Records of Okaloosa County Parcel ID No. 35 - 1 S -24- 0000 -0081- 0000). 1. 2 The runoff distribution is approximately 75% Okaloosa County unincorporated area and 25% City of Fort Walton Beach incorporated area. 1. 3 When the area receives a heavy rain event, the water level rises in the pond and eventually backs up into the stormwater conveyance system along Mar Walt Drive, flooding many of the businesses and medical offices along the roadway. The flooding is caused by two issues: no overflow structure in the pond and the low elevations along Mar Walt Drive. 2. DISCUSSION: 2. 1 Over the last two to three years, Okaloosa County Public Works and City of Fort Walton Beach Engineering & Utility Services staff has worked to develop a Memorandum of Agreement to fund a capital project to install an overflow structure and associated stormwater piping from the Gibson Holding Pond to the creek running through the Golf Club property to alleviate the flooding problems. 2. 2 Under the Memorandum of Agreement, the project would be funded through a cost allocation based on the percentage of stormwater runoff contribution to the system. 2. 2. 1 The County would fund 75% of the total cost of the project to include rental fees, and other ancillary costs. The County would also materials, provide engineering, permitting, and construction services for the project 2. 2. 2 The City would fund 25% of the total cost of the project that may include the restoration of the disturbed areas across the Golf Club property.  2. 3 The overall project includes the following improvements: 2. 3. 1 Installation of 780 LF of 30" RCP or HDPE stormwater