Fort Walton Beach Council agenda — 03-26-13--regular — reading text

Q Piet Pg. 164  15. 2. n a F Q a T MN b bC Cb U C o ao v N TO 2 c b m o fn U Q  15 .3 City Council of Fort Walton Beach 0 To: ENGINEERING & UTILITY SERVICES MEMORANDUM Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: March 26, 2013 Subject: Request for Code Enforcement Fine Waiver - 41 Silva Drive NW 1. 1. 1. The property owner of 41 Silva Drive NW, Federal National Mortgage Association, submitted a request to the Engineering & Utility Services Department requesting the removal of existing Code Enforcement liens on the property. The legal description of the property is Tax ID No: 24- 2S -14- 2170 -000B -0150, of the Public Records of Okaloosa County, Florida. 1. 2. The subject property was observed in violation of the Code of Ordinances on two separate occasions. 1. 2. 1. The first violations, Case # 97 -549, were observed on August 8, 1997. The violations included excessive grass height, a failure to display house numbers as required and an inoperable vehicle in the front yard. 1. 2.2. The second violations, Case # 09 -844, were observed on March 5, 2009. The violations included excessive grass height, a failure to display house numbers as required and deteriorated fencing. 1. 3. The property was brought before the Code Enforcement Board for the purpose of hearing Case 497 -549 on October 4, 1997. At this hearing, an Order 1 was issued with administrative fees of 590.00. The property was brought into compliance on December 30, 1997 before any fines were assessed. 1. 4. The property was brought before the Code Enforcement Board for the purpose of hearing Case # 09 -844 on December 10, 2009. At this hearing, an Order I was issued and at a second hearing held on February 12, 2009, an Order It was issued. The terms of the Order called for the imposition of administrative fees of 5650. 00 and fines of 250. 00 per day until the property was brought into compliance. The property received a Statement of Compliance issued November 8, 2010. 1. 5. The Code Enforcement case resulted in liens being imposed on the property. The property is currently in compliance as of the date of this report. The total accrued lien amounts are $ 81, 000. 00 in addition to $ 740. 00 in administrative fees. 2. DISCUSSION: 2. 1. The property owner submitted a letter requesting that the lien amount of $81, 000.00 be reduced to $ 2, 000. 00. Page 1 of 2 Packet.Pg''  15. 3 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 20, 001 - $ 40, 000 30% of the fine amount 40, 001 and over 35% of the tine amount 2.3. Using the criteria found in the mitigation policy for Code Enforcement liens, the settlement amount would be $ 740. 00 for the administrative fees and $ 28, 350. 00 for the fines. 3. FINANCIAL INFORMATION: 3. 1. The existing fines and fees on the property located at 41 Silva Drive NW are as follows: Case No. Administrative Fee Assessed Fines 97 -549 590. 00 0. 00 09 -844 650. 00 581, 000. 00 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council authorization for the Mayor to execute a Release of Lien( s) for the property at 41 Silva Drive NW within three ( 3) days of the property owner paying the recommended mitigated amount, including administrative fees, of $29, 090. 00 as outlined in Section 1. 05. 08 of the Code of Ordinances. ATTACHMENTS: Request for Code Enforcement Pine Waiver- 41 Silva Drive NW( CEB 09 -844) ( PDT) CE.B 09 -844 Order I ( PDT) CEB 09- 844 Order II ( PDT) CEB 09 -844 Compliance Statement ( PDT) Mitgation Ordinance No. 1793 ( PDT) SIGNATURE BLOCK: Tim Bolduc Completed 03/ 18/ 2013 10: 26 PM City Attorney Completed 03/ 20/ 2013 8: 37 AM City Manager Completed 03/ 20/ 2013 10: 19 PM City Council Pending Page 2 of 2 Packef 97  F153. From: Dolores Hartley Sent: Thursday, February 21, 2013 12: 16 PM Ta: ' TBold uc @fwb.o rg' Subject: Fine Mitigation / Case 09 -844 / 41 NW Silva Drive / Tax ID: 14- 25 -24- 2170 -000B -0150 / Our File r# 812032059 Good Afternoon! U On behalf of Federal National Mortgage Association ( Fannie Mae), we would like to request a fine reduction. We are representing Fannie Mae with the resale of the property. d Fannie Mae acquired the property through a forced title situation (foreclosure). The Lis Pendens was c recorded on 05/ 06/ 2008. A Findings of Fact, Conclusions of Law, and Order for Case 09 -844 was issued 12/ 09/ 2009; Action on N c' Statement of Noncompliance, and Second Order was issued on 12/ 12/ 2010. The City of Fort Walton Beach issued these Orders against the F/ C borrower, Juan P Flores. The Orders were not recorded with the Clerk of the Court. Fannie Mae was not aware of the violations. There was an eviction case on this cOm property that was not closed until 12/ 04/ 2012. mw A Statement of Compliance was forwarded on 01/ 24/ 13; the subject property was found to be in compliance on 11/ 08/ 2010. z a Fines are accrued in the amount of $81, 000.00. We respectfully request fines be reduced to $ 2, 000.00 0 plus $ 650.00 admin fee and $ 90. 00 admin fee for Case 97 -549. y Fannie Mae will actively market for resale, which would lead to property being occupied and v maintained. m Attached are copies of the Orders, Statement of Compliance, Lis Fenders, and the Certificate of Title. ac Please let me know if you need additional information. u Cd Thank you for your attention to this request. E Dolores A Hartley ** Code Lien Specialist New House Title, LLC A wholly owned subsidiary of Ronald R. Wolfe & Associates, P. L. 4919 Memorial Highway, Suite 200 Tampa, FL 33634 Voice: 866 -750 -3551 ext 3391 Fax: 813- 902 -6926 email: dhartlevPnewhousetitle. com <mailto: dhartlev @newhousetitle. com> Mailing Address Packet Pg: '  F- 1 53. 7 4921 Memorial Highway, Ste 100 Tampa, FL 33634 NHT is Committed to: Clients I Financial Success I Innovation I Being Positive I Respect I Teamwork The information contained in this mail is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this email address and then deleting it from your database. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- H C mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. Pack8t.P9. 198°  WN aMJO eA!! S L4 - JaAieM aui3 luawoojoJu3 apoo iol lsanbaa : LZZZ) I JaPuO bb9- 60 930 auawyoeliv a 00n CODE ENFORCEMENT BOARD