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FINDING OF FACT: The Special Magistrate made a finding that based the evidence entered into record the property had
<br />been in violation; the violation has since been corrected, as of December 10, 2014. In light of the property owner's efforts
<br />to come into compliance, as well as the amount of money paid toward the lien, which had been placed on the property and
<br />other mitigating circumstances, the following order was made. It is recommended to the City Commission that the fine of
<br />$201,500 be reduced to $1,000.
<br />Property maintenance, stagnant water City Code Section 70 -2(C)
<br />• CE -11 -00449 91 N Sunset Dr
<br />Overgrown/trash & debris, ULDR Section 3 -10.3
<br />• CE -11 -00450 91 N Sunset Dr
<br />Overgrown/trash & debris, ULDR Section 3 -10.3
<br />• CE -11 -00860 91 N Sunset Dr
<br />Residential swimming pool barrier, Florida Building Code 515.29 (3)
<br />• CE -11 -00861 91 N Sunset Dr
<br />Overgrown/trash & debris, ULDR Section 3 -10.3
<br />0 CE -12 -01226 91 N Sunset Dr
<br />John Cecil, Lead Code Compliance officer gave the following testimony. Property owner, Marci R. S. Belanger, the
<br />volition were for Section 70 -2.C., Property Maintenance, Stagnant Water, ULDR Section 3- 10.3., Minimum
<br />Maintenance Standards and Guidelines, ULDR Section 3- 10.3., Minimum Maintenance Standards and Guidelines, Florida
<br />Building Code Section 515.29(C), Residential Swimming Pool Barrier Requirements and ULDR Section 3- 10.3.,
<br />Minimum Maintenance Standards and Guidelines.
<br />The subject violations were found to be corrected and the property in compliance as of July 30, 2012. The fines from
<br />April 28, 2011, to July 30, 2012, (459 days) totals $44,973.54. The property owner has paid $0 to cover staff time and
<br />costs involved. Staff recommends a reduction of this fine to $10,000. The property owner is in the process of selling the
<br />house, which cannot be completed until this lien is settled. The City Commission will consider the recommendation by the
<br />Special Magistrate and determine the lien amount reduction.
<br />Brenda Jones, Recording Secretary advised that recording and admins fees in the amount of $183.00 have been paid for
<br />these cases.
<br />The Special Magistrate asked if the property owner was present, there was no one present. It was then asked if there was a
<br />preference as to which cases the $10,000 should be applied to.
<br />Brenda Jones, Recording Secretary advised the fine should be spread out.
<br />The Special Magistrate recommended the following and wanted to see what the City's position was. For case number 11-
<br />00449, reduction to $3,000,11- 00450, reduction to $500, 11- 00860, reduction to $500, 11- 00861, reduction to $3,000, 12-
<br />01226, reduction to $500. This calculation did not add up. Mr. Guzman then asked how the City wanted the reduction
<br />spread out.
<br />John Cecil recommended the following reduction, for case number 11- 00449, reduction to $4,000, 11- 00450, reduction to
<br />$1,000, 11- 00860, reduction to $500, 11- 00861, reduction to $4,000, 12- 01226, reduction to $500.
<br />FINDING OF FACT: The Special Magistrate made a finding that the property was in violation from April 28, 2011, to
<br />July 30, 2012 and there was a total lien amount of $44,973.54. Based on testimony and other evidence it was
<br />found there was sufficient justification and mitigating circumstances to make a recommendation to the City
<br />Commission for the liens to be reduced to a total of $10,000 in this matter. The cases numbers are 11- 00449,
<br />lien amount $17,450 reduced to $4,000,11- 00450, lien amount $2,350, reduced to $1,000, 11- 00860, Lien
<br />amount $1,100, reduced to $500,11- 00681, lien amount $22,300, reduced to $4,000,12- 01226, lien amount
<br />$1,000, reduced to $500.
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