CC Minutes 10/26/2009 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of October 26, 2009 - Regular Meeting Page 11 of 14 gave a presentation based on the memorandum provided with the agenda materials for this item. A copy of said memorandum is attached to and made a part of these minutes. Chief Ruf stated while staff is sympathetic to the financial concerns of the Nease's, the property owner is and must be held responsible for the condition of the home as well as for ensuring that their correct personal contact address is provided to the proper authorities. ChiefRuffurther stated that the subject property is non-homesteaded and there have been no other Code Enforcement lien appeal cases where the homeowners had an incorrect mailing address on file with the Property Appraiser's Office. ChiefRuf stated all proper notices were made to correct this violation and the property owners are responsible for paying the fine for this non-homesteaded propeliy which was allowed to become a neighborhood code enforcement problem. Chief Ruf stated that the City has incurred staff expenses in the amount of$l 00 and $630 in attorney's fees in result ofa lien of two other properties that are in foreclosure owned by the Nease's. The City Attorney clarified that a code lien applies to all properties owned by the property owner in the County, so the City had to respond to the foreclosures on the other properties. Audience Participation: The following individuals came forward to address this matter: 1) Ms. Diane Nease, 402 Gregory Drive, requested the City Commission approve the reduction in lien as recommended by the Code Enforcement Board. Ms. Nease gave her account of the series of events, explanation as why the property is not homesteaded, and claimed that she had notified the Code Enforcement Division of her correct contact information. Ms. Nease submitted a picture of the subject property she claimed was taken in February 2009, and feltthatthe dead grass was not a code violation. Ms. Nease further stated that she continued to have financial difficulties and any fines would be a financial hardship. 2) Mr. James Fraleigh, 1290 Seminola Boulevard, spoke in favor of the reduction oflien. MOTION: Commissioner Miller moved to deny the recommended reduction of Code Enforcement Lien on 402 Gregory Drive. Motion was seconded by Commissioner Solomon. DISCUSSION: Commissioner Doerner stated she did not support the recommended amount for reduction, and suggested $730.00 to cover staff and legal costs associated with this case. Commissioner Miller and Commissioner Solomon stated they sympathized with the situation, but felt it was the property owner's responsibility to ensure that correct contact information is provided to authorities and that their propeliy is properly maintained. Commissioner Miller voiced concerns regarding the Code Enforcement Board's methodology for determining the reduction amount, and did not feel that the lien should be reduced, however it was reduced, the amount needed to cover the staff and legal costs. Vice Mayor Hufford suggested reducing the lien to one-half the amount, $1,225.00 but would be comfortable with $730.00. Mayor Glancy stated she supported reducing the lien to $730.00. The City Attorney further clarified there were further legal costs incurred today, so the total legal fees were approximately $830.00. Motion carried unanimously by voice vote 5 - O. MOTION: Commissioner Miller moved to reduce the Code Enforcement Lien placed on