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File #: 20-556    Version: 1 Name:
Type: Report Status: Council Busines
File created: 8/25/2020 In control: City Council
On agenda: 9/9/2020 Final action:
Title: Approve the Code Enforcement Lien for the property located at 252 Orange St be Reduced to $0, as recommended by the Code Enforcement Board
Attachments: 1. Staff Report.pdf, 2. Cost Affidavit Form -252Orange.pdf, 3. Brevard County Prop Appr..pdf, 4. Brevard Tax .pdf, 5. Order Imposing Notice.pdf, 6. Board Order CE-17-391.pdf, 7. Lien Reduction Application.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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CITY COUNCIL AGENDA ITEM

 

Memo Date:                                          August 25, 2020

Agenda Date:                     September 9, 2020

Prepared By:                                          Darla Crowl, (Code Enforcement Coordinator)

Through:                                          Michael Cantaloupe, (Chief of Police)

Requested Action:                     

title

Approve the Code Enforcement Lien for the property located at 252 Orange St be Reduced to $0, as recommended by the Code Enforcement Board

End

 

body

BACKGROUND:

 

CASE# 17-391

 

 

The Code Enforcement Board held a public hearing on 9/21/2017, at which time the Board found the owner, Aleck J. Greenwood in violation of the following:

 

                     AAP. A, ART. XII, SEC. 3 Minimum standards for the design of off-street parking/driveways

 

Corrected Violation:

 

                     Protective Treatment, Ch 6 Sec. 6-1003 (b)

 

                     Storing Junk or Autos, Ch 6 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 lien was recorded against the property effective 03/06/2018 The lien ran at $25.00 per day from 1/19/2018 until compliance was achieved on 6/18/2020. Code records show onsite inspections were conducted by Officer Murdick. The current owner, Aleck J. Greenwood, is requesting that the lien be reduced to zero, due to the fact that Mr. Greenwood felt the ordinance was unclear and that the code needed to be updated and have lime rock included as an acceptable substance

 

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

 

                     The number of violations related to the subject lien; Three

 

                     Number of Inspections performed: 20

 

                     The length of time the property was in violation: 1,591 Days

 

                     Previous Code Violations: Yes, on other properties. Closed without Code Board Action

 

                     Property Taxes: 2019 are due, No outstanding Tax Bills

 

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

 

                     Property Inspection: 8/19/20 and was incompliance before Code Board Hearing. An inspection will occur prior to the Council Meeting

 

The current market value of the subject property; the current market value is

$34,140.00 according the Brevard County Property Appraiser.

 

Staff submits their cost sheet for $2600.92 and recommends to reduce the lien to City Cost which is close to 6.5% of the current fine of$ 39, 775.00

 

Staff's recommendation 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 staff time

 

Per the City Code, this is only a recommendation to the City Council. If the Council reduces the amount owed, payment of the reduced amount is required within thirty

(30) days of the Council's decision or the lien amount reverts back to the original amount owed, and a subsequent lien reduction request cannot be made for a one year period of time.

 

STRATEGIC PLAN CONNECTION: 

 

Crime, Image and Community Development

 

 

BUDGETARY IMPACT:

 

None

 

 

PREVIOUS ACTION:

 

The Code Enforcement Board, at its regular meeting August 20, 2020, recommended that the lien be reduced to $0.

 

RECOMMENDED MOTION:

Recommendation

Approve the Code Enforcement Lien for the property located at 252 Orange St. be Reduced to $0, as recommended by the Code Enforcement Board.