CITY COUNCIL AGENDA ITEM
Memo Date: May 8, 2024
Agenda Date: May 28, 2024
Prepared By: Darla Crowl, (Code Enforcement Coordinator)
Through: Evander Collier, IV, (Police Chief)
Requested Action:
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Approve the current lien for the property located at 1059 Cypress Ln to $2,622.08, as recommended by the Code Enforcement Board. On August 15, 2019 the property owner was found to be in violation of: Weeds, Sec. 6-1003 (d); For the accumulation of tall weeds, grass and/or overgrowth exceeding 12” in height, Protective Treatment, Sec. 6-1003 (d); For the disrepair of protective treatment (paint) to the exterior walls, fascia and exterior surface areas and Storing Outdoors, Sec. 6-900 (b) (11); For accumulation of outdoor storage items such as boxes, tires, gas cans, clothing, etc. The fine period was from September 16, 2019 to April 27, 2023 (4 Yrs.) and the lien ran at $75.00 per day leaving a total fine balance of: $98,840.00.
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BACKGROUND:
CASE # 19-304
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 8/15/2019, at which time the Board found the owner, Janet Johnson & Thomas Matlock in violation of the following:
• Weeds Sec, 6-1003 (d)
• Protective Treatment, Sec. 6-1003 (b)
• Storing Outdoors, Sec. 6-900 (b)(11)
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 November 21, 2019.
The lien ran at $75.00 per day from 9/16/2019 until compliance was achieved on 4/27/2023. Code records show onsite inspections were conducted by Officers Briggs, Buonocore, myself. The case was closed leaving a fine of $98,840.00.The current owner, Kim Andersen, is requesting that the lien be reduced to Cost of Staff.
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; No
• Applicant resides at the property: No, this is a vacant single-family residence
• The number of violations related to the subject lien; Two
• Number of Inspections performed: 19
• Property Taxes: Taxes are paid through 2024
• Other Liens: Records show no outstanding liens on the property. No water liens
• Property Inspection: The property was inspected this morning, April 18, 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 $135,880 according the Brevard County Property Appraiser as a Single-Family Residence.
Staff submits their cost sheet and the in the total amount of $2,622.08
Staff’s recommendation is that the fine/lien be reduced to $2,622.08 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:
None N/A
PREVIOUS ACTION:
The Code Enforcement Board, at its regular meeting April 18, 2024, recommended that the lien be reduced to $2,622.08.
RECOMMENDED MOTION:
Recommendation
Approve the current Code Enforcement Lien for the residential property located at 1059 Cypress Ln be reduced to $2,622.08.