Fort Walton Beach Council agenda — 04-09-13--regular — reading text

The Installation Ceremony for Mayor and new Council members will be held on April I at 5: 30 pm and committee appointments will be made at that time. The City Manager asked Council to submit their committee preferences to the City Clerk for discussion at the meeting. The Northwest Florida League of Cities will be accepting nominations until April 17 and Staff will provide projects for the Community of Excellence Award for Council' s consideration to nominate. The City Manager introduced Dan Butler from Yale University who is assisting with the citizens survey. Mr. Butler stated his organization provides research, free of charge, to city officials around the country to help them answer concerns of the citizens, and that he is looking forward to working with the City. CITY ATTORNEY REPORTS The City Attorney advised he will ensure all required backup is included in the lien issues, and he mentioned an increase in sovereign immunity issues. MAYOR/ COUNCIL COMMENTS Dr. gossom attended the League of Cities Advocacy meetings in Tallahassee and discussed such issues as pension bills, sovereign immunity and the priorities of the City. Dr. gossom also stated a representative from Sen. Nelson's office will be at the Fort Walton Beach Library on Thursday, March 28 from 10 to 11 am to address questions and concerns from the public. Mr. Rynearson thanked all City departments who assisted with Construction Junction. He also stated the City is sponsoring a baseball tournament for military families at Jet Stadium in April. The Mayor requested Council to take notice of information regarding the Six Pillars project. 01, Council, fPon Walroa Beach Page 5  B. t. b Minutes Much 26, 2013 Regular Meeting The Mayor presented a plaque and clock to outgoing Councilman Bobby Nabors. Mr. Nabors stated being a member of Council is an awesome but rewarding experience, and that he enjoyed his term and he learned a lot. ADJOURNMENT: 7: 31 pm Approved: 5 Mayor: o n 0 Attest: a a City Clerk Page 6 Cay Co , d fFort Wahaa Beach  F- 1-5- 1 AftCity ENGINEERING Council of Fort Walton Beach & UTILITY SERVICES WV MEMORANDUM To: Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: April 9, 2013 Subject: Request for Code Enforcement Fine Waiver - 653 Country Club Avenue 1. BACKGROUND: 1. 1. The property owner of 653 Country Club Avenue NE, Ms. Kathi Thomas, through her attorney, submitted a request to the Engineering & Utility Services Department requesting the removal of existing Code Enforcement liens on the property. The legal S description of the property is Parcel ID No: 24- 15 -36- 0540- OOOB -003B, Lot 3 & 30. 75 feet Lot 2, Block ° B °, a subdivision of Country Club Estates according to the Plat Book 2676, Page 3568, of the Public Records of Okaloosa County, Florida. 1. 2. Since 2007, City Staff has observed various Code of Ordinance violations at the property in question. A summary of the violations are as follows: Case Date Violation Number Initiated 07 -852 6/ 27/ 2007 Roof G / rass /fence 09 -1619 8/ 04/ 2009 Grass Height 10 -259 12/ 15/ 2009 Pool Fence 11 - 20 10/ 04/ 2010 Grass Height 13 -319 12/ 18/ 2012 Repeat Grass Height 1. 3. The subject property failed to comply Code Enforcement Case # 07 -852, 411 -20 and 13 -319 prior to the assessment of administrative fees and fines. The cases were as follows: 1. 3. 1. The property was observed in violation of Code of Ordinances Section 3. 10. 06, Roof Maintenance, on June 27, 2007. 1. 3. 1. L On November 12, 2008, the property was brought before the Code Enforcement Board and an Order II was issued. This order imposed an administrative fee and fines until compliance. 1. 3. 2. The property was further observed in violation of Code Section 16. 43. 1. T, Grass Height, on October 4, 2010. 1. 3. 2. 1. On April 13, 2011, an Order II was issued for the violation of Grass Height. This order imposed an administrative fee and fines until compliance. 1. 3. 3. The property was once again observed in violation of Code Section 5. 07. 01. s, Page I of 3 ckat  15 .1 Grass Height, on December 18, 2012. 1. 3. 3. 1. The property was brought before the Code Enforcement Board on January 14, 2013, at which time an Order was issued for the repeat violation of Grass Height. This order also imposed an administrative fee and fines until compliance. 1. 4. These three ( 3) Code Enforcement cases resulted in two ( 2) liens imposed on the property. The total accrued lien amounts are $ 15, 700.00 for Case # 07 -852, $ 26, 250. 00 for Case # 11 - 20, and $ 41, 500.00 for Case # 13 -319 for a lien total of $83, 450. 00 in addition to $ 1, 625. 00 in administrative fees. 1. 5. The property owner previously requested a fine waiver through a request to be placed on the City Council Agenda for May 22, 2012. Prior to the meeting, the owner requested that the meeting be tabled to June 12, 2012. Prior to the June 12" meeting, the owner informed Staff that she would not attend the meeting and that she was seeking legal counsel on the matter. 2. DISCUSSION: 2. 1. The property owner' s attorney submitted a letter on March 14, 2013, requesting that the lien amount of 541, 950. 00 be removed and the administrative fees of $ 1, 300. 00 be waived sighting various reasons for the inability to comply with the violations and/ or to pay the outstanding liens. This amount did not include the most recent fines and fees from Case # 13 -319. It is assumed that the attorney requesting the removal of the fines and fees was unaware of the case at the time the letter was submitted. The attorney has since been made aware of the additional amounts assessed. 2. 2. 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 as follows: Fine Amount of Fine Amount be Paid 0 - $ 20,000 20% of the fine amount 520, 001 - $ 40,000 1 30% of the fine amount 40, 001 and over 35% of the fine amount 2.2. 3.3. UsingUsing thethe criteriacriteria foundfound inin thethe mitigationmitigation policypolicy forfor CodeCode EnforcementEnforcement liens,liens, thethe settlementsettlement amountamount wouldwould bebe$ $ 1, 625.625. 0000 forfor thethe administrativeadministrative feesfees andand $ $ 29,29, 207.207. 5050 forfor thethe fines.fines. 2.2. 4.4. PriorPrior toto thethe CityCity CouncilCouncil meetingmeeting onon MarchMarch 26,26, 2013,2013, thethe attorneyattorney forfor thethe applicantapplicant providedprovided aa 2121 slideslide presentationpresentation toto pleadplead thethe propertyproperty owner'owner' ss case.case. ToTo allowallow StaffStaff anan opportunityopportunity toto reviewreview thethe presentationpresentation CityCity CouncilCouncil tabledtabled thethe itemitem untiluntil thethe nextnext regularregular meetingmeeting onon AprilApril 9,9, 2013.2013. AfterAfter aa reviewreview ofof thethe presentation,presentation, StaffStaff isis confidentconfident thatthat allall requirementsrequirements ofof F.F. S.S. ChapterChapter 162162 havehave beenbeen metmet forfor thethe casescases thatthat serveserve asas aa partpart ofof thisthis request.request. FurtherFurther StaffStaff contendscontends thatthat thisthis propertyproperty andand itsits ownerowner havehave beenbeen givengiven everyevery opportunity opportunity maintainmaintain thethe property property inin accordanceaccordance withwith thethe CityCity ofof FortFort WaltonWalton BeachBeach CodeCode ofof OrdinancesOrdinances andand ChapterChapter 162.162. PagePage 22 ofof 33