CITY COUNCIL AGENDA ITEM
Memo Date: March 26, 2024.
Agenda Date: April 23, 2024.
Prepared By: Darla Crowl, (Code Enforcement Coordinator)
Through: Evander Collier, IV (Police Chief)
Requested Action:
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Approve the current Code Enforcement Lien for the property located at 1212 Myrtle Ln, for the original amount of $8,410.00 as recommended by the Code Enforcement Board.
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BACKGROUND:
CASE # 22-317
In general, Section 6-707 of the City Code provides that the City considers the following factors when reviewing a code lien reduction application:
(1) The gravity of the violation;
(2) The time in which it took the violator to come into compliance;
(3) The accrued amount of the code enforcement fine or lien;
(4) Any previous or subsequent code violations;
(5) Any financial hardship; and
(6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine.
After a recommendation has been rendered by the code enforcement board, the
city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied. The violator shall have thirty (30) days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period of one (1) year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this chapter.
The Code Enforcement Board held a public hearing on 5/18/2023, at which time the Board found the owner, Keo Ly in violation of the following:
• Maint. Of Interior Structure, Sec. 6-1004(a-f)
• Permit Required App. A Art. 15 Sec. 2(a)
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 9/21/2023.
The lien ran at $50.00 per day from 8/17/2023 until compliance was achieved on 2/1/2024. Code records show onsite inspections were conducted by Me. The case was closed leaving a fine of $8,410.00.The current owner, Keo Ly, 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 home
• The number of violations related to the subject lien; Two
• Number of Inspections performed: 20
• 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 this morning, March 21, 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 $195,890 according the Brevard County Property Appraiser as a Single-Family Residence.
Staff submits their cost sheet and the in the total amount of $2,778.09
Staff’s recommendation is that the fine/lien be reduced to $2,778.09 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.
PRIORITY AREA CONNECTION:
Public Safety/Community Standards.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
The Code Enforcement Board at its regular meeting March 21, 2024, denied the recommendation. The Code Enforcement Board’s recommendation was the original amount of $8,410.00.
RECOMMENDED MOTION:
Recommendation
Approve the current Code Enforcement Lien for the property located at 1212 Myrtle Ln, for the original amount of $8,410.00 as recommended by the Code Enforcement Board.