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

d L Douglas A. Hutcheson Attorney for the Brown Family as 3 0 CL Ir- co c a E s a a 2 Packet Pg. 124  14.2. b CITY COUNCIL MEETING June 22, 2010 Discussion - Direction - Action Discussion 651 Powell Drive Code Enforcement Fine Settlement Synopsis: Staffand CEB attorney will provide a status report on the settlement status Agenda Item Number: 14. 6 Packet Pg. 125  1- 14.2. b -] CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: June 14, 2010 Subject: Code Enforcement Case Update for 651 Powell Drive NE (Code Enforcement Case No. 08 -1049) 1. BACKGROUND: 1. 1 On Thanksgiving weekend of 2007, a house fire destroyed a majority of the single family residence at 651 Powell Drive NE leaving it uninhabitable. 1. 2 The property owner, Mrs. Anne Brown, was subsequently unable to continue to reside there and over the following months she and her children worked with the insurance company to resolve the issue of whether to raze the structure or to rebuild. 1. 3 On June 27, 2008, a courtesy notice was sent to the property notifying the owner of the Code violations and desired corrections. 1. 4 On August 5, 2008, a re- inspection of the property found that the violations had not been corrected. Subsequently, a notice of violation was sent to the property owner on August 6, 2008, and service was obtained for the violation on August 9, 2008. 1. 5 A re- inspection of the property on September 18, 2008, found the violation remained as before resulting in a notice of hearing being sent to the property owner. For reasons of service, the hearing was not held until February 11, 2009, at which time the Code Enforcement Board issued Order I to the an correct violations, including an administrative fee of $325. 00 and a compliance date of March 13, 2009. 1. 6 On March 13, 2009, a statement of non -compliance was filed, followed by a second notice of hearing for the second hearing date of April 8, 2009. As a result of the April 8th hearing, an Order II, including another $ 325. 00 administrative fee and a fine in the 13th amount of $250.00 per day beginning on the March required compliance date, was imposed on the property. 1. 7 On September 24, 2009, a letter of intent to foreclose was sent by Code Enforcement Attorney Joseph D. Lorenz on behalf of the City of Fort Walton Beach. 133 Council M Packet Pg. 126  74.2.b 1. 8 On October 28, 2009, the son of the property owner entered into a contract to have the remaining structure razed and brought into compliance. As of February 4, 2010, the building was removed and the remaining violations were brought into compliance. After an inspection by the Code Enforcement Inspector, the case. was closed and the fines were stopped. 1. 9 On February 10, 2010, the Building Official notified the owner' s representative that the fines were no longer accruing. However, a total of $650. 00 in administrative fees and 83, 250. 00 in fines had accrued. 1. 10 In response to the notification by the Building Official, the son and caregiver for the property owner provided a letter requesting the City to settle the fees and fines for a total of $1, 650. 00. 1. 11 On May 18, 2010, a courtesy notice was sent to the property owner and caregiver informing them that the heavy equipment on the property would have to be removed. 1. 12 On May . 5, 2010, City staff presented the offer for settlement sent by the property owner to City Council. During the discussion on the item, the City Manager advised that staff would provide additional information on the current condition of the property and the feasibility of pursuing the fines through actions such as foreclosure. 1. 12. 1 As a result of the discussions, the City Council moved to continue the item until the meeting of June 22, 2010. 1. 13 On June 1, 2010, the property was sited for pool maintenance, litter, and permit 1St, required. Although the heavy equipment was removed after June the property is still in violation. 1. 14 On June 14, 20103 the Code Enforcement Officer met with a representative of the property owner to discuss a resolution for the current violations. During the discussion, the owner' s representative informed Staff a permit would be pulled to install a new fence to enclose the pool until such time as the issues with the insurance company are resolved and construction of the replacement house can begin. Power would also be turned back on to the property to help with the maintenance of the pool. 2. DISCUSSION: 2. 1 On May 12, 2009, Ordinance No. 1793 was adopted to amend Section 1. 05. 08 of the Code of Ordinances, titled Code Enforcement Order Mitigation Procedures, to provide a suggested schedule of mitigation percentages. The percentages in the approved schedule are a follows: Fine Amount of Fine Amount be Paid 0 - $ 20, 000 20% of the fine amount 20, 001 - $ 40, 000 30% of the fine amount Packet 9. 127 134 Coun  14.2. b -] 40, 001 and over 35% of the fine amount 2.2 Using the criteria found in the mitigation policy for code enforcement liens, the settlement amount would be $ 650. 00 for the administrative fees and $ 29, 137. 50 for the fines. 3. FINANCIAL INFORMATION: 3. 1 The existing fines and fees on the property located at 651 Powell Drive NE are as follows: Case # Administrative Fee Assessed Fines 08 -1049 650. 00 83, 250.00 4. STAFF COMMENTS: 4. 1 Engineering Services staff will continue to monitor the property to insure continued compliance with city codes. 5. ATTACHMENTS: 5. 1 Settlement Offer from Drew Brown on behalf of Ann Brown 5. 2 Pictures of Property 6. SIGNATURE BLOCK: 6. 1 Submitted By: d r/y -11010 1 imotny Bolduc, CBU, BCA, Building Official 6. 2 Reviewed and Concur: Michael D. Beedie, P. E. Engineering & Utility Services Director 6. 3 Reviewed and Concur: Brandy Wunker, Finance Director 6. 4 Reviewed for Agenda: bert T. Mearns ity Manager 135 Council M Packet Pg. 128  14.2. b a Mr. Tim Bolduc, C.B.O. 0 Building Official City of Fort Walton Beach Engineering Department a P.O. Box 4009 3 0 Fort Walton Beach, FL 32548 a RE: Ann Brown'residence (former), 651