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<br />City Commission Meeting <br />October 22, 2007 <br />Page 8 <br /> <br />12. Other Items <br /> <br />A. Waiver of Code Enforcement Penalties/Liens - CE-07-00087- $26,750 _ <br />Owner John Casselberry - 535 Queens Mirror Circle <br /> <br />Staff Presentation bv Tim Ippolito. Fire Marshal: The request is being presented to <br />the City Commission at the request of John Casselberry, owner of property at 535 Queens <br />Mirror Circle, for waiver/reduction of a Code Enforcement Lien in the amount of <br />$26,750. The Code Enforcement Board recommended denial of the request for waiver <br />and/or reduction of the lien. The City Attorney stated that the City Commission does not <br />have the authority to hear additional evidence and was to take action solely based on the <br />sworn application and recommendation of the Code Enforcement Board. Under the City <br />Code, this request is considered a certiorari appeal as opposed to a de novo hearing. <br /> <br />Audience Input: Mr. Kenneth Beane, Esq., 2601 Wells Avenue, Suite 141, Fern Park, <br />Florida, representing Mr. Casselberry, gave an overview of the mitigating circumstances <br />surrounding the case. He stated that the fine imposed, $250 a day, was excessive for the <br />minor offenses cited by the Code Enforcement Board. Mr. Casselberry corrected most of <br />the violations and after the tenants were evicted, the property was brought into <br />compliance He requested the fine be reduced down from a $250 a day to a minimum <br />and consideration be given to fact that Mr. Casselberry did remedy the violations. <br /> <br />MOTION: Moved by Commissioner Sandra T. Solomon to deny the <br />reqnest for waiver or reduction of the $26,750 lien imposed on <br />535 Queens Mirror Circle property and uphold the <br />recommendation of the Code Enforcement Board. Motion was <br />seconded by Commissioner Jon Miller. <br /> <br />Commission Discussion: <br /> <br />Commissioner Miller stated that he had confidence in the decision rendered by the Code <br />Enforcement Board. They had heard all the proceeding and evidence regarding the <br />violations and he was compelled to uphold the findings of the Code Enforcement Board. <br /> <br />Mayor Goff stated that it was extremely difficult to evict tenants without having <br />adjudication that there is a violation of the lease. <br /> <br />Commissioner Solomon stated that she had been a property manager for over 30 years <br />and in Seminole County it only takes two weeks to evict a tenant. It is the responsibility <br />of the landlord to make sure the property is maintained. <br /> <br />VOTE ON THE MOTION: Carried unanimously on a 5 - 0 voice vote. <br />