Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

the fine amount 20, 001 - $ 40, 000 30% of the fine amount 401001 - and over 35% of the fine amount 4. 2 In this case the fine would be reduced to $ 29, 137. 50 plus the $ 650. 00 in administrative fees. ATTACHMENTS: 651 Powell Drive E -Mail ( PDF) cc.] 00622. 651 Powell Drive Code Case Update ( PDF) 651 Powell Minutes ( DOC) C. E. Mitigation. Code ( DOC) SIGNATURE BLOCK: Michael Beedie Completed 12/ 07/ 2010 11: 30 AM Carole Jones Completed 12/ 07/ 2010 11: 31 AM City Manager Completed 12/ 07/ 2010 10: 43 AM City Attorney Pending City Council Pending Packet Pg. 122  14.2.a Michael Beedie From: Tim Bolduc Sent: Tuesday, November 23, 2010 1: 56 PM To: Robert Mearns; Carole Jones Cc: Michael Beedie Subject: RE: Ann Brown Residence Will do, I am assuming that I will provide a quick update to the case and turn it over to the individual requesting the item be placed. d Tim Bolduc, C. B. O. > Building Official Engineering Services Department 3 City of Fort Walton Beach r 105 Miracle Strip Parkway S. W. Fort Walton Beach, FL 32548 r Phone: 850 - 833 - 9605 Cell: 850 - 585 - 4644 Nextel: 186 * 13224 * 25 Web Page: www. fwb. org Email: tbolduc @fwb. org to C v From: Original Robert Message - - - -- Mearns v 0 Sent: Tuesday, November 23, 2010 10: 56 AM - c To: Carole Jones W Michael Beedie d Cc: Tim Bolduc; Subject: FW: Ann Brown Residence V rn Please see below request to be placed on the next CC agenda. o T_ Robert T. Mearns City Manager Office of the City Manager W City of Ft. Walton Beach 850 - 833 - 9504 850 - 833 - 9640 ( Fax) d Please Florida has a very broad public records law. Most written communication to or Note: n- from the City of Fort Walton Beach officials are public records available to the public and media upon request. Your e - mail address and communications may therefore be subject LO t° to public disclosure. c a E t From: Original Helen Message - - - -- Spencer M Q Sent: Tuesday, November 23, 2010 10: 53 AM To: Robert Mearns Subject: FW: Ann Brown Residence FYI Helen Spencer City Clerk -Fort Walton Beach 850 - 833 - 9509 850 - 833 - 9640 - Fax hspencer @fwb. org 1 Packet Pg. 123  Ordinance 1793 Amended, Entitled Code Enforcement Order Mitigation Procedures Adopted May 12, 2009 Section 1. Authority and Intent f) The City Council finds that the city's code enforcement procedures are intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing and gaining compliance with the code, and that foreclosure of liens should be a last resort to gain compliance. g) The City Council recognizes that having a lien filed against real and personal property may not be the most equitable or effective method of gaining compliance and, in some cases, may create a hardship for citizens. Section 2. Adoption of Section 1. 05.08, Enforcement Order Mitigation Procedures A. Definitions. Mitigation Schedule: A schedule of suggested mitigation percentages, as approved by the City Council and amended by resolution if needed, that shall be considered during review of an application for release of an order imposing a fine or release of lien, and that may ensure an equitable, expeditious, and effective method of gaining compliance with the code. D. Release of Lien. b. The City Council may reduce the amount of the lien, waive the full amount of the lien or continue the lien in its full amount. C. The council shall consider the following in determining whether to approve or deny an application for release of lien: 1. The gravity of the violation; 2. the time in which it took the violator /property owner to come into compliance; 3. the accrued amount of the code enforcement fines /lien as compared to the county's property appraiser's stated value of the property before the exemptions; 4. any previous code violations; and 5. the mitigation schedule. 14d  MITIGATING FACTORS No previous violations over the 45 years the Browns have owned the property. No chance of re- occurrence. No member of the public or the city have been injured, or damaged in any way as a result of this situation. The Browns could not tear the house down due to the fact that the insurance company had not and has not settled with the Browns for the value of he home. If they tore the house down they would be destroying the evidence needed to settle with the insurance company. Browns have spent in excess of $35, 000 in their efforts to satisfy the City, including demolition of the home, fences, pool repairs, pest prevention, etc. Now they are out $ 35, 000, the home is destroyed, they have not settled with the insurance company and are faced with $83, 000 in fines from the city and having to sue the insurance company. Value of the property is $ 64, 000 and fines are in excess of $83, 000. The Code Enforcement Order Mitigation Procedures ordinance was passed after the fines had been levied against the Brown property. Ann Brown and her deceased husband, Ben Brown, have been contributing members of this city their entire adult lives, both working in the Okaloosa County education system. Mrs. Brown almost lost her life in this tragic fire; she did lose her home.  Okaloosa County Parcel Maps Page 1 of 1 Map Help i RIM Okaloosa Home Search Page PARCEL INFORMATION TABLE 111. 5L? orn 36- iS -24- Zuf cn Ln 0541 -000L- an byr i 0110 Hand Selected Parcel Click for Complete 171. 75 Card) Zoom RESIDENTIAL e%mty DOR Property VACANT ODNE'Y AVE NE