Fort Walton Beach Council agenda — 05-13-08 regular agenda — reading text

authorize the City Manager to execute the contract. Mr. Holmes seconded motion. i Councilmembers stated their feeling that this is a topic that has been addressed for years and it is time to move forward with it, and that developers will have a better understanding of what is expected of them when they come before the City with their plans. Ms. McKim clarified that existing buildings do not have to come up to these standards, but if a major renovation is done to a building then that may fall under the guidelines. 110 Regular Council 04 -22 -08 ARCHITECTURAL DESIGN REGULATIONS ( CONT) The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Holmes, Garvie Pullen and Minich in favor and Reeves opposed PP Miller and Hartwell absent). RELEASE OF LIEN - 19 RANGER STREET SW Consideration of a request for release of lien in the amount of $ 4,600. 00 including the $ 650 Administrative Fees for the property located at 19 Ranger Street SW, Fort Walton Beach, Okaloosa County, Florida, Tax ID 24 -S2 -14 -221 D -000G -0080, in lieu of payment of $500.00. Missy McKim, CDS Director, informed the total accrued lien amount is $ 4,600.00 in addition to 650. 00 in administrative fees. Staff is recommending the lien be reduced by 10 %, or $ 500. 00, which is consistent with what is generally recommended for liens, and no additional administrative fees. Upon questioning from Council, the City Attorney advised that when the City did the second order of non -compliance for the Code Enforcement Board, the title to the property was already transferred, making the lien non -valid, and the title company has offered to pay $ 500.00 for the administrative fees incurred by the City. The City Attorney advised if there is a continued problem with compliance, the City would begin the process again against the new owner. Dr. Pullen moved to release the lien and administrative fees for 19 Ranger Street SW with the condition the $ 500.00 be paid to cover the costs incurred by the City for this Code Enforcement case. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). RELEASE OF LIEN - 212 BAY STREET NW Consideration of a request for release of lien in the amount of $ 177, 200.00 for the property located at 212 Bay Street, NW, Fort Walton Beach, Okaloosa County, Florida, Tax ID 24- S2 -09- 2070- 0003 -0070, in lieu of payment of $ 17,720.00 as outlined in the backup report. Frank Myers of Pearson & Myers PA, Tallahassee, the attorney representing the property owner Abraham Evans, requested that Council reconsider and /or lower the administrative fines assessed by the City's Code Enforcement Board in the form of a lien dating back from 2002 Code Enforcement violations. Mr. Myers advised the City has initiated a foreclosure on three of Mr. Evans' properties because the City claims Mr. Evans once failed to maintain the property in accordance with the pertinent housing codes. Mr. Myers claims that the City took no action to foreclose on the resulting liens until it filed suit in August of 2006, even though the violations were identified in March of 2002, and now the City desires to collect over $ 188,500.00 in fines and late fees, increasing at the rate of $ 100. 00 per day; therefore, the request to lower the amount owed. Mr. Myers explained to Council that his client suffers from bad health, is on a fixed income and disabled, that his wife is also disabled,and he is helping to support three small children that reside with him and his wife, and that Mr. Evans' workers compensation disability payments are Mr. his only household income. Since Mr. Evans does not have the ability to pay the fine, Myers advised he has been authorized to offer the City a lump sum payment of $ 1, 500. 00 as full payment toward any and all amounts that Mr. Evans currently owes. He noted the property that once fell out of compliance has been recently declared to be in compliance since February 1, 2008.  111 Regular Council 04 -22 -08 RELEASE OF LIEN - 212 BAY STREET NW (CONT) Mr. Myers advised that Mr. Evans believed that the City's code inspectors were satisfied with the repairs he made in 2002; but he didn' t understand how the Code Enforcement Board process operated. He noted that even though the City mailed official notices by certified mail to Mr. Evans, they did nothing to convince him that things were not settled and, as a result, Mr. Evans negligently allowed time to pass without knowingly running up the late fees and fines. Mr. Myers noted there has been no harm done to the City or the community as a result. Mr. Myers noted that the City's recommendation of payment of $ 17, 720. 00, or 10% of the original lien amount of $ 177, 200. 00 is indeed a huge reduction; however, if a person cannot afford to pay it, the amount might as well remain at $ 177,000. 00, and asked that Council consider a reasonable number that Mr. Evans can pay. Mr. Myers reported that since there is nothing else that Mr. Evans can do, and since he is financially unable to pay such a huge fine, he is requesting that the reduction in fines and fees be reduced to the $ 3, 000. 00 range, which takes into consideration attorney fees and any administrative fees incurred. In closing, Mr. Myers stated this is basically negotiating a settlement, that if an amount is agreed upon that Mr. Evans can pay within 30 days, the trial scheduled for next week will be postponed, and if the payment is made within the 30 days, there will be no need to take the matter before a judge. Missy McKim, CDS Director, advised that the property was found in violation on March 11, 2002, and in compliance on November 19, 2007, and that Staff's recommendation is $ 17,720, 00, or 10% of the cost of the fine. Ms. McKim advised this property has been an ongoing code problem for years; it has been a nuisance to the neighborhood and that a lot of time and money has been spent in the area to bring properties into compliance through grant funds and the World Changers organization. Ms. McKim stated the violation has hurt that neighborhood as there are many who take pride and maintain their properties and want their neighborhood to be up to the standards of the City. Joe Lorenz, attorney for the City in this matter, advised that a code enforcement board lien attaches to any real or personal property owned by the violator; therefore, it does not matter if the property is the site of the violation, and that Mr. Evan' s other two properties were named in the foreclosure because it is not known if the full amount of the lien can be recovered on the Bay Street property. Mr. Lorenz also advised that as of this date, attorney fees and administrative fees incurred by the City are at a cost of approximately $ 4,700. 00. The Mayor asked for public input. There was none. Mr. Minich moved that Mr. Abraham Evans be required to pay at least $ 17,720. 00 of the fine and all of the administrative fees. If Mr. Evans is not able to make such payment, Staff would recommend Mr. Evans quit claim the subject property to the City of Fort Walton Beach and the City will forgo the remaining debt and further foreclosure of Mr. Evans other properties that are not in the City limits. Mr. Holmes seconded motion. Mr. Minich stated his feeling that this has been ongoing for six years, that Mr. Evans had been notified by Code Enforcement numerous times, and by looking at the pictures of the violations is proof that the property was not in compliance. Mr. Garvie gave his opinion that while Mr. Evans did wrong by not taking care of his property as it should have been taken care of, the punishment of taking his property away is excessive. 112 Regular Council 04 -22 -08 RELEASE OF LIEN - 212 BAY STREET NW ( CONT) Mr. Reeves stated his feeling that this stand by Council is particularly harsh for this landowner. Mr. Lorenz requested that if there is a fine reduction, that the' new amount be conditioned upon payment before the case is taken to court and if it is not, the fine reduction is no longer valid. Mr. Lorenz further requested that if there is a payment agreement, that the hearing be continued and if the fine is not paid, the original amount will be sought. He also noted that Mr. Myers has stated the Bay Street property is homesteaded; the City's position is that it is not and that will be brought up in Court. If the Bay Street property is homesteaded, the lien does not attach to his homestead and cannot be foreclosed upon, but the other properties can be. The City Attorney advised an amendment to the motion be made that states to accept staff recommendation with the release of lien conditioned upon the payment of the reduction, if that is the will of Council. Mr. Minich moved to amend the motion to include that the release of lien be conditioned upon the payment of any fine reduction. Mr. Holmes seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Pullen, and Minich in favor and Garvie opposed Miller and Hartwell absent). Mr. Garvie moved to amend the amount to $9, 700. 00, which is $ 5, 000. 00 above the cost of attorney and administrative fees, with condition that Staff would recommend quit claim of subject property to the City and the City will forgo the remaining debt and further foreclosure of other properties that are not in the city limits, and that the release of lien be conditioned upon the payment of any fine reduction. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Garvie, and Pullen in favor and Minich opposed ( Miller and Hartwell absent). Mr. Lorenz requested that Mr. Evans be required to make the payment by 4:00 pm on Friday, April 25, 2008, to ensure that if payment is not made the reduction is void and that there is an agreement with Mr. Myers that the hearing will be continued. Mr. Minich amended the motion that Mr. Evans be required to make the payment of $ 9,700 by 4:00 pm on Friday, April 25, 2008. Dr. Pullen seconded motion. Mr. Garvie felt the timeline was unfair as it is difficult for anyone to get a loan for $ 10, 000 in just two days. The City Attorney advised that Mr. Myers and Mr. Evans stated they would need 30 days to make the payment. Mr. Myers stated he has been authorized by Mr. Evans to give him 30 days to pay the money and he will agree the trial be postponed, and if he does not pay the trial can be reset and the full amount of the penalties of $ 177, 200 would be sought, and the court will make the determination on what Mr. Evans pays. The City Attorney advised that is included in the current motion, and reminded Council that they are doing two different actions: 1) actually settling a litigation suit that has been ongoing for two years, and 2) authorizing the release of lien. The City Attorney stated the motion