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File #: 24-306    Version: 1 Name:
Type: Report Status: Agenda Ready
File created: 5/21/2024 In control: City Council
On agenda: 7/9/2024 Final action:
Title: Approve the current Code Enforcement Lien for the property located at 215 Riverside Dr, be reduced to $50,000.00 as recommended by the Code Enforcement Board.
Attachments: 1. 1. Council Staff Report(2).pdf, 2. Cost Aff -215.pdf, 3. LR App.pdf, 4. BCPAO.pdf, 5. 2. Rpt NOH.pdf, 6. 2. Rpt NOH (2).pdf, 7. Facts 18-620.pdf, 8. CE-18-620 Order.pdf, 9. 5. Order.pdf, 10. BCPAO(2).pdf, 11. Perm(2).pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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CITY COUNCIL AGENDA ITEM

 

Memo Date:                                          May 21, 2024

Agenda Date:                     July 9, 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 property located at 215 Riverside Dr, be reduced to $50,000.00 as recommended by the Code Enforcement Board.

 

body

BACKGROUND:

 

CASE # 23-767

 

Code Enforcement Offense: The owner, Parkside Properties LLC, was found to be in repeat violation of "Permit Required App. A Art. 15 Sec. 2 (a)" by the Code Enforcement Board during a public hearing held on August 17, 2023.

 

Violation Details:

                     Type: Repeat Violation

                     Penalty Imposed: $500.00 per day

                     Duration: From 7/5/2023 to 12/27/2023

                     Total Fine: $87,510.00

 

The Code Enforcement Board at the regular meeting March 21, 2024, recommended that the fine be reduced to $50,000.00.

 

Lien Reduction Request: Parkside Properties LLC is requesting a reduction of the lien to cover only the Cost of Staff ($2,531.31).

 

Approve the current Code Enforcement Lien for the property located at 215 Riverside Dr, be reduced to $50,000.00 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: Yes, the current owner owned the property when the violations occurred.

                     Residency: The property is used as an apartment rental, not as a residence by the applicant.

                     Number of Violations: One

                     Number of Inspections: 17

                     Property Taxes: Paid through 2023

                     Other Liens: No outstanding liens, including water liens

                     Property Condition: Inspected on July 9, 2024, and found in compliance before the Code Board Hearing; another inspection will occur prior to the Council Meeting.

                     Current Market Value: $903,650 (Brevard County Property Appraiser, categorized as Low-Rise Apartments)

                     Staff Cost: $2,531.34

 

 

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.

 

 

PRIORITY AREA CONNECTION: 

 

Public Safety/Community Standards.

 

 

BUDGETARY IMPACT:

 

Budgeted                                                                                                                                                   N/A

If not budgeted, is amendment/transfer attached?                     N/A

 

 

 

PREVIOUS ACTION:

City Council at the regular meeting April 23, 2024, recommended that staff research the claims of the Property Appraiser’s Office changing the listed mailing address.