CC Minutes 04/08/2013 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of April 8, 2013 — Reg6lar Meeting Page 11 of 17 A. Request for Reduction of Code Enforcement Lien — 1292 Avalon Blvd, Staff Presentation: Sandra Smith, Interim Community Development Director, advised that this item related to a violation regarding a damaged fence at 1292 Avalon Boulevard. She stated that the violation lasted from September 2011 through November 2012, for a total of 43 8 days of violation with a fine of $100 per day in place. She further stated that the bank had taken possession f the property sometime in July of 2012 was in possession of the property for 116 days before the violation was corrected. Ms. Smith advised that the bank had gone before the Code Enforcement Board at its last meeting and requested a reduction of the lien from $43,800 to $11,600, expressing a willingness to pay the $100 per day for the 116 days they had been in possession of the property prior to correction of the violation. She added that the Code Enforcement Board had voted to recommend that the Commission reduce the lien from $43,800 to $11,600, which would be a reduction of approximately 75 %. She added that a representative of the bank was present to speak to the Commission. Attorney Hope Touchton with Phelan Hallinan, PLC, 2727 West Cypress Creek Rd., Ft. Lauderdale, advised she was present on behalf of the bank, GMAC Mortgage. She stated it was her understanding that the City was recommending that the lien be reduced and she believed it would be paid within 60 days of the Order being entered. City Attorney Katie Reischmann reminded the Commission that the procedure under Section 2 -157 of the City Code provided that the City Commission should take action solely based on the sworn application, recommendation of the Code Enforcement Board, and information provided by the violator. No one else came forward to address this item. MOTION: Commissioner Aramendia moved to reduce the lien in Case Number CE -11- 01288 from $43,800 to $11,600, to be paid within 60 days. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote 5 — 0. B. Request for Reduction of Code Enforcement Lien — 1450 Hilltop Rd. Staff Presentation: Sandra Smith, Interim Community Development Director advised that this item related to a violation for a dead tree at 1450 Hilltop Road. She $n then advised that the property was in violation for 133 days after the Code Enforcement Board took action. She stated that the father had been out of the country and the person who was supposed to have been taking care of the property in his absence had not passed along the mail to him regarding the violation. She further stated that the son had found out about the violation and had corrected the violation as soon as he found out. Ms. Smith advised that the Respondent had applied to the Code Enforcement Board for a reduction ofthe lien, and the Board had voted to recommend that the Commission reduce the lien by 50 %.