CITY COUNCIL AGENDA ITEM
Memo Date: July 24, 2024.
Agenda Date: August 27, 2024.
Prepared By: Darla Crowl, (Code Enforcement Coordinator)
Through: Evander Collier, IV (Police Chief)
Requested Action:
Approve the current Code Enforcement Lien for the property located at 730 Thomas Ln, be reduced to $2,677.50 as recommended by the Code Enforcement Board.
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BACKGROUND:
CASE # 21-626
Code Enforcement Offense:
On October 2, 2021 Code Enforcement conducted a proactive patrol on Thomas Ln. The Code Enforcement Officer observed code violations at 730 Thomas Ln and initiated an inspection. The owner, Mary George, was found to be in violation of "Exterior General Condition, Sec. 6-1003 (a) and Failure to Secure Structure, Sec. 6-900 (b)(7), A notice of violation was generated on October 2, 2021 and sent to the address on file with the Brevard County Property Appraiser.
The Code Enforcement Board held a public hearing on September 15, 2022, at which time the Board found the owner Madison Alamosa HECM LLC in violation of the above-mentioned sections of the city code.
Violation Details:
• Type: 1st Offense Violation(s)
• Penalty Imposed: $50.00 per day
• Duration: From 10/15/2022 to 6/22/2023
• Total Fine: $12,510.00
Lien Reduction Request: Kerei Stampfel (current property owner) is requesting a reduction of the lien to the cost of staff $2,677.50.
RECOMMENDED MOTIONion
Approve the current Code Enforcement Lien for the property located at 730 Thomas Ln, be reduced to $2,677.50 as recommended by the Code Enforcement Board
Factors Considered for Lien Reduction (Section 6-707 of the City Code):
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
6. Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine
Staff Assessment and Findings:
• Ownership at Time of Violation: No, the current owner purchased the property on January 27, 2023
• Residency: The property is vacant.
• Number of Violations: 2
• Number of Inspections: 21
• Property Taxes: Paid through 2023
• Other Liens: No outstanding liens, including water liens
• Property Condition: Inspected on July 18, 2024, and found in compliance before the Code Board Hearing; another inspection will occur prior to the Council Meeting.
• Current Market Value: $179,510 (Brevard County Property Appraiser, categorized as Single-Family Residence)
• Staff Cost: $2,677.50
Council Procedure: After a recommendation is rendered by the Code Enforcement Board, the city council may:
• Approve
• Approve with conditions
• Deny the application to satisfy or release the lien
If approved with conditions, the satisfaction or release of the lien will not be prepared or recorded until the conditions are met. The violator has thirty (30) days to comply with the conditions. Failure to comply will result in automatic denial of the application. If denied, or automatically denied due to non-compliance, the violator is barred from reapplying for a reduction or forgiveness of the lien for one year from the date of denial. During this period, the lien can only be satisfied by full payment of the fine or penalty imposed.
PRIORITY AREA CONNECTION:
Public Safety/Community Standards.
BUDGETARY IMPACT:
Budgeted N/A
If not budgeted, is amendment/transfer attached? N/A
PREVIOUS ACTION:
The Code Enforcement Board at the regular meeting July 18, 2024, recommended that the fine be reduced to $2,677.50.