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CE 02/11/2016 Minutes
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CE 02/11/2016 Minutes
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Minutes
City Clerk - Date
2/11/2016
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Mr. French stated he was irresponsible and did not open the mail, thinking it was the water bill overlooking it. Also, if he <br />knew it was $250 per day he would have paid right away. <br />The Special Magistrate asked if Mr. French had paid the $246.83. <br />Mr. French stated yes. <br />The Special Magistrate stated the lien would be reduced from $19,900 to $100 and asked Mr. French was ok with that. <br />Mr. French advised he was very ok with the reduction. <br />Mr. Bauer stated the fine was $25 per day, not the $250 per day Mr. French had stated. Mr. Bauer advised per Florida <br />Statute 162, the City's opinion is there should have possibly been a cutoff for a fine of $19,900 to accrue and because of <br />the turnover and other indications listed. Florida Statute 162 states, irreparable and irreversible damage, so if Mr. French <br />were to come back the fact is the damage that did occur, $19,900 was not remedied. He was given relief by the City of <br />Casselberry to the tune of $100. <br />Mr. Bauer advised that should Mr. French appear before the Special Magistrate again, the City would probably pursue <br />Florida Statute 162, that the time lines were not complied within a timely manner. Mr. Bauer just wanted this to be on <br />record. <br />Mr. French, 390 Frances Ave stated it would be paid on time (Business Tax Receipt) and the City would not see him <br />again. <br />FINDING OF FACT: The Special Magistrate made a finding in case # 13-00546 based on the evidence of record it was <br />found there was sufficient evidence. The original Code Enforcement Hearing of August 8, 2013 and a finding of violation. <br />A compliance date was issued for August 22, 2013, for failure to pay a Business Tax; a fine was imposed for $25 per day. <br />The fine accrued to $19,900, based on the evidence on record about staff turnover, change in software, the applicant (Mr. <br />French) paid all the administrative cost and Mr. French has stated he will stay on top of this in the future; there was <br />sufficient evidence to reduce the lien to $100. This case will be referred to City Commission for final approval. <br />STATEMENT OF EVIDENCE <br />Carlos "Mike" Bauer, Lead Code Compliance Officer advised that all events occurred within the corporate limits of the <br />City of Casselberry. The Officer's notes, case narratives, testimony, photographs, supporting documents and PowerPoint <br />presentation were all entered as part of the official record. <br />NEWCASES <br />General Maintenance,• ULDR Section 3-10.3 <br />• CE -15-00042 250 Aurora Cir <br />Nathan Johnson, Code Compliance Officer advised that the notification date was December 12, 2015, correction date <br />requested was December 17, 2015 found non-compliant, hearing notice date was January 19, 2016, correction date <br />requested was February 10, 2016 found Non -Complaint and Building permit was reinstated on January 13, 2016. <br />The property was found to be Non -Compliant on February 10, 2016; the City requests a $50 per day fine if there is no <br />compliance by July 13, 2016. Nathan described the violation as fire damage. <br />The Special Magistrate asked if the owner for 250 Aurora Cir was in the audience. The owner was present. <br />Paul Noack, 966 Rolling Loop Cir #110, Casselberry gave testimony. Ms. Noack advised that what the City stated was <br />quite accurate. <br />21Page- <br />
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