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

35% of the fine amount 2. 3. Using the criteria found in the mitigation policy for Code Enforcement liens, the settlement amount would be $ 1, 625. 00 for the administrative fees and 529, 207. 50 for the fines. 3. FINANCIAL INFORMATION: 3. 1. The existing fines and fees on the property located at 653 Country Club Avenue NE are as follows: Case No. Administrative Fee Assessed Fines 07 -852 650. 00 15, 700. 00 11 - 20 00 26, 250. 00 13 -319 325. 00 41, 500. 00 Page 2 of 3 FPacket Pg-.  15 .2 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council authorization for the Mayor to execute a Release of Lien( s) for the property at 653 Country Club Avenue NE within three ( 3) days of the property owner paying the recommended mitigated amount of $29, 207. 50 plus administrative fees of $ 1, 625. 00 as outlined in Section 1. 05. 08 of the Code of Ordinances. ATTACHMENTS: Request for Code Enforcement Fine Waiver - 653 Country Club Avenue ( CEB W7 -852 & lll - 20) ( PDT) 653 Country Club Avenue Liens and Fees Summary ( PDF) 653 Country Club Avenue Photos 2007 ( DOCX) CEB 07 852 Case File I ( PDF-) CEB 07 -852 Case File 2 ( PDT) CEB 07 -852 Case Report ( PDF) CEB 11 - 20 Case File ( PDF) CEB 11 - 20 Case Report ( PDF) PDF) 653 Country Club Avenue Photos as of 3 - 19 -2013 ( CEB 13 -319 Case History( PDF) CEB 13 -319 Case Documents ( PDT) CEB 11 - 525 Case F istory( PDF) CEB 10 -259 Case History( PDF) CEB 09 -1619 Case History ( PDF) SIGNATURE BLOCK: Tim Bolduc Completed 03/ 19/ 2013 5: 35 PM City Attorney Completed 03/ 20/ 2013 8: 50 AM City Manager Completed 03/ 20/ 2013 10: 28 PM City Council Pending Page 3 of 3 Pad(* P9. 30  F15 .2.a 00a0a IRM W March 18. 2013 a0Na0QNQ Code Enforcement Board NN VV P. O. Box 4009 City of Fort Walton Beach, 32549 RE: KATHI THOMAS Real Estate 653 COUNTRY CLUB AVE. NE FORT WALTON BEACH, FL 32547 Title Services City of FWB v. Thomas - CASE NO: 07- 00000852 City of FWB v. CASE NO: 11- 00000020 and Use G Development Dear Council: The following is a request for lien removal on the above referenced property. abate 6 Estate Planning In 2005, as a successful Realtor, Kathi Thomas was doing very well and in December of that year she was able to purchase her dream home and move herself Corporate Law and her three daughters into the home. - In June 2006, a severe storm inundated the home with water. It was not long Contracts afterward that black mold developed throughout the home. As a result, Ms. Thomas and her family were forced to move out of the home mid it eventually had to be demolished. However, there was a long and expensive battle with her insurance Administrative Law company before that happened. During this period, Ms. Thomas was paying both her mortgage and rent. Because of the virulence of this mold, everything that she owned was taken to the dump, including her furniture, wardrobe, family photos and Entertainment Law memorabilia. She had to purchase new clothes, furniture, beds, kitchen items; everything required to start over from scratch. To add to her dilemma, Ms. Thomas lost her life savings in the stock market due to an mrethical stock broker. Losing her money left her unable to pay her income taxes, resulting in an IRS tax lien in the amount of $87,429. Ms.Ms. ThomasThomas hashas hadhad twotwo neckneck surgeriessurgeries andand isis inin needneed ofof moremore surgerysurgery forfor multiplemultiple bulgingbulging discsdiscs inin herher back.back. SheShe alsoalso continuescontinues toto suffersuffer complicationscomplications fromfrom havinghaving brokenbroken herher jawjaw fromfrom fallingfalling whilewhile workingworking asas amam imemimem atat thethe hospitalhospi . tal. BecauseBecause ofof herher condition,condition, sheshe cancan onlyonly sitsit atat aa deskdesk forfor shortshort times.times. HerHer physicalphysical disabilitiesdisabilities probablyprobably wouldwould qualifyqualify forfor disabilitydisability income.income. However,However, sheshe refusesrefuses toto viewview herselfherself asas beingbeing disabled.disabled. OneOne reasonreason sheshe isis aa realtorrealtor isis thatthat thethe jobjob allowsallows herher toto notnot bebe inin 314314 NorthNorth SpringSpring StreetStreet • • PensacolaPensacol , a, FloridaFlorida 3250132501 per'per' " " g.g. 3131 850.850. 912.912. 88228822 ( ( Office)Offi• ce) • 850.850. 912.912. 88248824 ( ( Fax)Fax) • • infoinfo @pensacolapropertylaw.@pensacolapropertylaw. comcom • • ww epensacolap epensacolap  F152. an office sitting all day. Nevertheless, as a realtor, Ms. Thomas has been very adversely m affected by the real market crash. 0 Trying to make herself more marketable, in 2010, Ms. Thomas went through vocational rehabilitation. At the same time, while trying to make a living as a realtor, Ms. Thomas also v began caring for her sick father. She eventually moved into her parent' s home. After she C4 watched her father pass away, Ms. Thomas was overwhelmed by grief, and her own personal circumstances. Understandably, she went into a deep depression. Given the nature of her v struggles, it is also understandable that she neglected tier property. NN With help, Ms. Thomas has recovered from her depression. While she continues to live with her mother due to her financial situation, she is optimistic about the real estate market and she is fighting to regain her financial health. However, Ms. Thomas needs more surgery. She has no insurance and because she owns property, she does not qualify, for Medicaid. Ms. Thomas presently has the property under contract for sale at $ 150, 000, and is hoping to be able to get this surgery soon with proceeds of the sale. As part of the sales process a title search was done. Ms. Thomas was shocked to learn the extent of code enforcement liens on her property. She knew she had violations in the past, but she believed she had come into compliance on all occasions, prior a hearing being set on all violations. As to the liens in CASE NO: 07- 00000852 and CASE NO: 11- 00000020, She believes she never received actual notice of these hearings as a result of her living in multiple homes during those times. This seems to be verified by the certified mail receipts in her file showing the Notices as " return to sender, not deliverable as addressed, unable to forward". white the City has previously, graciously, agreed to releasing liens on the property for payment of $3, 750. However, after paying property taxes, closing costs, and the IRS tax lien, Ms. Thomas will have little to show after the sale. As such, due to the foregoing mitigating circntustances, we respectfully request the City waive all of these liens. Thank you for considering our request and we took forward to your response. Sincerely, a/ P4. 196/0/ a- Paul Plormlacker PaMFP0. 32  F F,1 ) a 0awa01O ;u3 apoo jo; Isenbaa : 94ZZ) 6JewwnS saa3 pue sual anuany qnlo 6j3unoo E99 : luawgoe73V