Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

to send of this Resolution to 40 the Florida Department of Environmental Protection and other 41 persons as directed by the City Council. 42 43 44 SECTION V. This ordinance shall take effect immediately 45 approval by the City Council and signature of the Mayor. upon 46 47 48 49 1- 50 ADOPTED: 51 52 53 MAYOR: 54 55 56 ATTEST: 57 58 59 CITY CLERK 60 The form and legal sufficiency 61 of the foregoing has been 62 reviewed and approved by the 63 city Attorney. 64 65 66 J. Jerome Miller, City Attorney 67 2-  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: February 6, 2002 TO: Reid Silverboard, City Manager 1' FROM: Missy McKim, CDS Dire~ SUBJECT: Release of lien on 55 Mallard Avenue N. E. for nuisance abatement, Code Enforcement Case # 00- 622 REQUEST: Edwin Thomas, the grandson of Lafayete Brantley, owner of 55 Mallard Avenue N. E., requests that the lien on the property be forgiven upon payment of $ 2000 and Mr. Thomas' commitment to accept full responsibility for the property. BACKGROUND: The Code Enforcement Board ( CEB) issued Orders I and II for grass height and litter. Order II, approved by the CEB on February 14, 2000 issued a $ 100/ day fine for every day the violations continued past October 26, 2000. The violations were not corrected and the City completed Nuisance Abatement twice on the property amounting to 1, 215 to bring it into compliance. The CEB authorized foreclosure on 55 Mallard Avenue NE on November 14, 2001. The fine accrued to $ 27, 100. With the costs of the nuisance abatement, the total due is $ 28, 315. ANAL YSI S Based on Mr. Thomas' letter, his grandfather is 84 years old, disabled, and on a fixed income. In addition his health has deteriorated. Mr. Thomas has expressed a commitment to maintaining the property. RECOMMENDATION: Staff recommends that Mr. Thomas settlement offer be accepted conditioned upon Mr. Thomas paying $ 2000 by March 5, 2002. Concur: iaLS~ Z/ r;' ate 6?- Reid Silverboard City Manager 020502 Release of lien at 55 Mallard 00-622 4  if 7732 S. W 106th rg., ~. It ~ (( jJ;. /';...-, Miami,Fl33156 VII -.......,:,.....:....:..? i~..~..>-/' Date 12/ 31/01 1 ~"~.-... rJv I/ I 1/ . .:-:... .\:'/' i.. I,.? l! v..... '-,.:;, .. ' 1",_' 1 ........~..... l,:.":: Mr. Jerry Miller 415 Mo\ mtam Dr. Suite # 3 Destin. F132541 Dear Mr. MiHer: 1 am writing you in regards to my grandfather' s property located in Ft. WallOn at 55 Mallard Ave. His narne is Mr. Lafayette Brant1ey. His property has been the sUbject of some code violations, which have subsequently caused some frnes and or liens to be assed. My grandfather' s health begin to deteriorate a couple afyears back. He is 84 years old, disable, and on a fixed income. I am hoping that by writing this letter that we may come to a settlement agreement. I a. iu able to offer the city $2, 000. 00 dollars ( Two Thousand), In addition I am prepared to accept fun responsibility for the said property and ensure its up keep from here on out. If this is at all possible please Dotify me in writing, aJso informing me as to whom the check should be payable to, so that we may bring this issue to a close. Thank you so muc.h for your kindness and consideration. TOTAL P. 03  1\1ILLER & ASSOCIATES A ttorneys at Law 415 Mountain Drive. Suite 3 Destin, Florida 32541- 2349 J/!/ l'phOl1c: (! ISO) ID7- 38W. F(Jl'~ im1/ (!: (! ISO) 837. 6158 J. Jeromt! Miller on It Hull J a.~ E. Mail; d~~ miller(( l~ lirm. l'om tinla",,,' Tcrc~ N. Phillips MEMORANDUM TO: Robert Rbodes, Chief Code Inspector City of Fort Walton Beach FROM: City Attorney' s Officzrt ~ DATE: February 5, 2002 RE: Foreclosure Authorization Case 00- 622, 55 Mallard Ave. N .E., Lafayette Brantley c/ o Edwin Thomas Edwin Thomas, grandson of Enclosed please find a copy of the letter our office received from of$ 2, OOO. OO for the release of the Mllley. He has offered a settlement in the amoWit Lafayette Bi"' hens against the property. settlement offer conditioned upon Mr. We recommend that the City accept Edwin Thomas' 12, 2002. Thomas paying the $2, 000. 00 within thrc: c weeks of Tuesday, February If I cou! d be of further assistance, please call.  J OFf" ~'t AL RECORDS ** FILE # 1822~~ 8-'; D: Feb 20 2001 @ 11' 40f} C:,,\ . J B; j8~ PG 748 Newman C. . 1rackin, M Clerk, Okaloosa cnty Fl MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF FORT WALTON BEACH, FLORIDA CASE NO: 0 622 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- LAFAYETTE BRANTLEY C/ O EDWIN THOMAS RESPONDENT( S) ACTION ON STATEMENT OF NONCOMPLIANCE, AND SECOND ORDER THIS CASE for action by the Municipal Code Enforcement Board comes of the ci ty of Fort Wa 1 ton Beach on FEBRUARY 14, 2001, after due noti ce to the Respondent( s) , and the Board, havi ng issued Fi ndi ngs of Fact, concl usi ons of Law and order on OCTOBER 11, 2000 wi th re9ard to thi s case, hereby issues its further Findings of Fact, Concluslons of Law, and Second order, as follows: I. FINDINGS OF FACT: The Respondent( s), whose mailing address is C/ o EDWIN THOMAS, 714 CLARK DR, FORT WALTON BEACH, FL 32547 is/ are the owner( s)/ person( s) in charge of the property described as follows: SUBJECT: 5S MALLARD AVE NE LOT 3 BLK 6 N HILL GARDENS Tax 1D # 24- 52- 13- 1770- 0006- 0030 Fort walton Beach, Florida Okaloosa County rhe-fo i 1 owi ng condi ti on ( s), fi rst observed on APRIL 18, 2000, was/ were fou-i1a-"-'--- to exist on subject property: GRASS HEIGHT, DEVELOPED: Sec. 20- 2604( a)( I)( 2) Failure to cut and maintain all grass and weeds to a height of 10" less. or LITTER: Sec. 20- 2603 ( a)( b)( 1)( 2)( 9) & 20- 2604 ( e) Prohibited accumulation & outside storage of: shopping carts furniture, tires, litter, & debris. page - 1- EXHiBiT ~  L. , ICIAL RECORDS ** oK 2282 PG 749 The Respondent( s) received administrative notice on JUNE 1, 2000 by certified letter dated MAY 9, 2000 that the aforesaid condition( s) constituted ( a) violation( s) of the city of Fort walton Beach, Florida, and was/ were to be corrected on or before JUNE 16, 2000. Rei nspecti on of the subj ect property on JUNE 16, 2000 revea 1 ed that said violation( s) had not been corrected. After due notice to the Respondent( s),