Fort Walton Beach Council agenda — 02-09-2010 Regular — reading text

co m m 0 CL Q. wo 0 W D 0 to 0 m x JOR O go 0 VY CL. Zlaom a ( IrB VA q 2 'o 5 woo c a r-r- co c E— w. 20 U* Z>:; b 0 - 5= 1 0 0 0 V tr v fa C., (!D ro- pct .au 0 a 59 x 115 w40) SA— 0 e CL ( 5 W 0 0 c c 1.5, L Cz CD I 0 r- 0 vt$ 0 Vj 0 0 o t:s 0 U) 0 O 2L 0. 0 tt 0 E 20 0 CLO t: 30c SM8 to M r m. 2 CL R CL CyC Z 0 0) 0. 0 E TO: OC a 0 0 00 c a (D 4: m 0 C*4 iN E a 0) 8 mca VE 10 CD 4) CF o U; 0 c: v E lb =0 Jso E P C 2 c LL to v 9M >, ply o o v- S E O ti 0 0 0 C14 3: z 8 z 0 44 0 M 147- THIS PAGE IS LEFT INTENTIONALLY BLANK 148-  CITY COUNCIL MEETING February 9, 2010 Discussion - Direction - Action Action Settlement of Code Enforcement Case Synopsis: Property at 322 Vista Street in compliance. Council approved mitigation schedule may be applied. Agenda Item Number: 993  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: February 1, 2010 Subject: Settlement Agreement for Code Enforcement Fines at 322 Vista Street SW ( Code Enforcement Case No. 98 -366) 1. BACKGROUND: 1. 1 From 1998 through 2008, a total of ten ( 10) violations have been cited against the citations, Code Enforcement Case property at 322 Vista Street SW. Only one of the ten No. 98 -366, resulted in a fine and administrative fees. 1. 1. 1 On February 23, 1998, the property was found in violation of multiple building 98- and City code requirements and was assigned Code Enforcement Case No. 366. 1. 1. 1. 1 The violations were brought before the Code Enforcement Board on April 85 1998 and May 13, 1998. As a result of the May 13, 1998 hearing, the administrative fee was assessed and fines began on the property until compliance was achieved. 1. 1. 1. 2 Regular inspections occurred on the property until May 6, 1999, when the property was found in compliance. The total fines and administrative fees accumulated was $ 7, 480. 00. 1. 1. 2 On January 27, 2010, Mr. Sam Buscarello, brother of the deceased property owner, Paul Buscarello, and executor of the estate submitted a letter requesting that the fines on the property be lowered and the lien released. 2. DISCUSSION: 2. 1 The Code Enforcement Inspector inspected the property on January 29, 2010, and found that the property is currently in compliance with all of the listed violations, and the current owner is attempting to sell the property. 149-  2.2 The City Council should, in accordance with the procedures set out in sec. 1. 05. 08. D Release of Lien, consider the following in determining whether to approve or deny an application for release of lien: 2. 2. 1 The gravity of the violation. 2. 2. 1. 1 The violations on the property were litter ( excessive debris) and house numbers. 2. 2. 2 The time in which it took the violator /property owner to come into compliance. 2. 2. 2. 1 The property was found in violation on February 23, 1998 and remained in violation until May 6, 1999. 2. 2. 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 exemptions. 2. 2. 3. 1 The property appraiser has the property valued at $ 84, 021, and the assed fines /fees are $ 7, 480. 00. 2. 2. 4 Any previous code violation. 2. 2.4. 1 The property has been cited a total of ten times for various code violations. 2. 2. 5 The mitigation schedule. 2. 2. 5. 1 The following table is the approved mitigation schedule. Fine Amount of Fine Amount be Paid 0-$ 205000 20% of the fine amount 20, 001 - $ 40, 000 30% of the fine amount 40, 001 and over 35% of the fine amount 2. 3 Should the City Council approve the release of lien, the Mayor shall execute such release and the City Clerk shall have the release recorded in the public records of Okaloosa County, Florida and provide a copy to the property owner. 3. FINANCIAL INFORMATION: 3. 1 The existing fines and fees on the property located at 322 Vista Street SW are as follows: Case # Administrative Fee Assessed Fines 98 -366 180. 00 73300. 00 Total Fees & Fines 180. 00 7, 300. 00 3. 2 Based on the recommended mitigation percentages in sec. 1. 05. 05, City Code, the percentage of the total fine would be 20 percent, or $ 1, 460. 00. 150-  3. 3 The total reduced settlement amount would be $ 1, 460. 00 in fines plus the $ 180. 00 administrative fee for a total of $1, 640. 00. 4. RECOMMENDATION: 4. 1 Approve and accept payment of $ 1640 as full settlement of the liens, which have an accrued total of $7, 300, against the property at 322 Vista Street SW and pursuant to Florida law, and authorize the Mayor to execute a Release of Lien upon receipt of the full payment of $1640. 5. ATTACHMENTS: 5. 1 Ordinance No. 1793 5. 2 Settlement Letter from Mr. Sam Buscarello, dated January 27, 2010 5. 3 Letter of Compliance from Code Enforcement Inspector, dated January 27, 2010 5. 4 E -Mail from Code Enforcement