Legislation Details

File #: 24-051    Version: 1 Name:
Type: Report Status: Agenda Ready
File created: 1/24/2024 In control: City Council
On agenda: 3/26/2024 Final action:
Title: Approve the current Code Enforcement Lien for the residence located at 1206 Yale Lane, be reduced to $15,332.50
Attachments: 1. LRApp.pdf, 2. BCPA.pdf, 3. LR Staff Report(2).pdf, 4. Cost Aff -1206.pdf, 5. 1. IRL.pdf, 6. 2. NOV.pdf, 7. 5. NOH1.pdf, 8. BO.pdf, 9. BTR.pdf, 10. NOHNC.pdf, 11. Order.pdf, 12. 2021 Demand Letter.pdf, 13. BCPAO(2).pdf, 14. Failed Lien Red Insp 28Jul23.msg, 15. Minutes 2-15-2024.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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CITY COUNCIL AGENDA ITEM

 

Memo Date:                                          February 28, 2024

Agenda Date:                     March 26, 2024

Prepared By:                                          Darla Crowl, (Code Enforcement Coordinator)

Through:                                          Evander Collier, IV, (Police Chief)

Requested Action:                     

title

Approve the current Code Enforcement Lien for the residence located at 1206 Yale Lane, be reduced to $15,332.50End

 

body

BACKGROUND:

 

CASE # 20-1362

 

This case was brought to the board for a lien reduction on January 18, 2024 and I apologize, I read from an unedited template.

 

For the record the testimony I gave with dates and amounts were incorrect but the testimonies given by staff and Mrs. Fuller was correct. At this time, I’d like to re-read the correct information on the record.

 

The Code Enforcement Board held a public hearing on 8/19/2021, at which time the Board found the owner, Harold & Risa Fuller in violation of the following:

 

•                     Business Tax Receipt, Sec. 12-1 (a)(b)

•                     Rental Business Tax, Sec. 6-2003

•                     Storing Junk or Autos, Sec. 6-902 (b)(1)(2)

 

The Code Enforcement Board provided the owner sufficient time to correct said violation. Therefore, consistent with the Code Enforcement Board’s Order a Non-Compliance Hearing was held on 11/18/2021.

 

The lien ran at $75.00 per day from 10/16/2021 until compliance was achieved on 11/29/2022. Code records show onsite inspections were conducted by Officer’s Pettengill, Buonocore and Myself.  The case was closed leaving a fine of $30,665.00.The current owner, Risa R. Fuller, is requesting that the lien be reduced to $0.00.

 

Staff utilized the following factors in making its recommendation to reduce the lien:

 

•                     Whether the current owner owned the property at the time the violation(s) occurred; Yes

 

•                     Applicant resides at the property: No, this is a rental property

 

•                     The number of violations related to the subject lien; Three

 

•                     Number of Inspections performed: 29

 

•                      Property Taxes:  Taxes are paid through 2023

 

•                      Other Liens: Records show no outstanding liens on the property. No water liens

 

•                     Property Inspection: The property was inspected on January 18, 2024 and this morning, February 15, 2024 and was in-compliance before the Code Board Hearing. An inspection will also occur prior to the Council Meeting

                 

The current market value of the subject property; the current market value is $142,080 according the Brevard County Property Appraiser as a Single-Family Residence. 

 

Staff submits their cost sheet and the in the total amount of $3,840.28

 

Staff’s recommendation is that the fine/lien be reduced to $3,840.28 which is the cost of staff to prosecute this case.  This reduction is based on the gravity of the violations, the length of time it took the property to come into compliance, and the total amount of the City’s Cost.

 

 

STRATEGIC PLAN CONNECTION: 

 

Crime, Image and Community Development

 

 

BUDGETARY IMPACT:

 

None

 

 

PREVIOUS ACTION:

 

The Code Enforcement Board at its regular meeting on February 15, 2024, recommended that the lien be reduced to $15,332.50.

 

RECOMMENDED MOTION:

Recommendation

Approve the current Code Enforcement Lien for the residence located at 1206 Yale Lane, be reduced to $15,332.50.