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

and a foreclosure proceeding fled the city against the prope provedy owner in violation the cV manager, within fifteen days of receipt of the complete application, shall issue a written denial of the application that includes the name, address and telephone number of the foreclosure attorney and advises the a licant that matter must be considered as a settlement of the litigation. 4 The city council shall consider the application for release of lien at a public meeting pursuant to the following criteria. ATTY Final 511212009 155-  a. The city council may take action based solely upon the sworn application and comments of the applicant, and the recommendation of the city manager. 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. G. 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 p / roperty owner to come into compliance; 3) the accrued amount of the code enforcement fines /lien as compared to the county's proms appraiser's stated value of the proper before exemptions: 4) any previous code violations; and 5) the mitigation schedule. d. If the City Council approves a release of lien, the have the release recorded in the public records of Okaloe County, Florida, and provide a copy to the property, owner. E. waiver or Reduction of Administrative Fees or Costs The Council or Code Enforcement Board may consider a waiver or reduction of administrative fees or costs that were originally imposed in the code enforcement order or for subseouent remedial_actions_taken by the Ci Section 3. Conflicting Provisions If any ordinance or parts of any ordinance are in conflict with this ordinance, the provisions of this ordinance shall prevail. Section 4. Severability Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions. Section 5. Effective Date This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ATiY Final 511212009 156-  0", f O6 A e- Adopt Mike Anderson, Mayor V" ATTEST: Approved for form and legal sufficiency. i Helen Spencer, Ofy Clerk Toni r.Craig, City Attorney New language is underlined: deleted language is StFiGke Codification Instructions: Sections of this Ordinance to be codified: Section 2 Placement: Amends Volume ll, Chapter 9. 05 as stated r ATTY Final 511212009 157- January 27, 2010 Sam Buscarello 329 Oakland Circle Fort Walton Beach, Florida To The Fort Walton Beach City Council Members; Mike Holmes, Seat I. Virgil Miller, Seat 2 Bill Patterson, Seat 6 Dick Rynearson, Seat 7 Dennis Reeves, Seat 3 Bill Garvie, Seat 4 Bobby Nabors, Seat 5 Re: Case 98- 366/Paul Buscarello Date of Compliance 05/ 06/ 1989 Dear Sirs; I am writing this letter with regard to a lien that was placed against my now deceased brother' s home located on 322 Vista Street in May of 1998. The lien is in the amount of $7500. 00 for code violations, as the yard was neglected severely after my father left the property to him in 1996. As executor of Paul' s estate, which only amounts to the house, I am respectfully requesting that that this fee be lowered and the lien released, as we are nearing closing proceedings on this property. As a lifelong resident of Fort Walton Beach, I respect our cities codes and understand that they make our city a better place. Paul' s neglect of the property 158- was not intentional, I am sure. He was disabled and did not always have the means or the help to keep the property in good repair. That being said, I had to invest my entire life savings into refurbishing the house to a livable condition as it was badly damaged during Hurricane Ivan. I did this so I could sell the property and give the proceeds to my mother, who has very little and squeaking by on Social Security. I am now unemployed, and hoped to at least recoup enough money to get by until the automotive industry comes back. This fine will cause a significant hardship on this family, and had I known that this lien existed, I probably would have left the house in the condition it was in, or at the very least budgeted the amount into the repairs. As it stands now, my savings are completely depleted and We are depending on the sale to simply get by until the economy is better. This offer that is pending on Paul' s house was the first after being on the market for seven months. With the real estate market being as depressed as is, I don' t want to We just risk losing everything I have worked for since I was eighteen years old. can' t afford to keep Paul' s house any longer. $ 7500. 00 will simply cripple us at this point. I did not undertake this as an investment opportunity, I was simply trying to do right by my brother and dad. If I still had the job that I held for 20 years in this city, I would have kept it in the family and passed it to my son and daughter once the repairs were complete. Please find it in your hearts to waive or reduce these fines. Thank you for time and consideration. Sincerely, Sam Buscarello 159-  r L- OFFICIAL RECORDS 6D BK 2166 PO 291 16, - MUNICIPAL CODE ENFORCE14SHT BOARD OF THE CITY OF FORT WALTON BEACH, FMRIDA CASX NO: 98-- 366 CERTIFIED #: Z 167 233 154 City Of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, Y vo PAUL VINCSNT* BUSC ELLO RESPONDENT( S) ACTION ON STATEMENT OF NONCOMPLIANCE, AND SECOND ORDER THIS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on MAY 13, 1998 after due notice to the Respondent( s), and the Board, having issued Findings of Fact, Conclusions of Law and Order on APRIL 8, 1998 with regard to this case, hereby issues its further Findings of Fact, Conclusions of- Law, and Second order, as follows: I. FINDINGS OF FACT: The Respondent( s), PAUL VINCENT* BUSCARELLO, whose mailing address is 322 VISTA DR, is /are the owner( s) / person( s) in charge of the property described as follows: LOT 5 BLK C Tax ID # 24- S2 - 15- 219 --000C -0050 AKA 322 VISTA ST SW Fort Walton Reach, FL condition( s), first observed on FEBRUARY 23, 1998 The following was /were found to exist an subject property: Furniture, tires, plastic items, and other debris remains on the premises, contrary to Sections 20°-2892, and 36 --280, of the Fort Walton Beach Code , jWC- Section t. 1%,, 307. 4, of the Standard Housing Code. €;; IV.1 a-placed , curbside for the City to pick up, the,l.Sa' k'` needs 0 `,.. t v be called at 833 - 9655 for s i ' a ? P x. W' r• / 5 160-  2 CASE #: 98 -366- C The Respondent s) received administrative notice on MARCH 10, 1998 by certified letter dated MARCH 9, 1998 that the aforesaid conditions constituted ( a) violation( s) of the City of Fort Walton Beach, Florida, and were to be corrected on or