CE 07/14/2016 Minutes - Laserfiche WebLink

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Finding of Fact- The Special Magisn._ made a finding that this case # 16-00�_, , had come before him on June 9, 2016 for violation of ULDR Section 3-10.3.(B) After hearing testimony and receiving evidence, a finding of fact was issued and conclusions of law. The property 236 Plaza Oval Dr was in violation of the aforementioned code. It was ordered -that property be brought into compliance by 1pm on July 9, 2016. Based on testimony and photographs entered into evidence it was found that as of July 1.4, 2016 the property still has not come into compliance, therefor it was ordered that a fine of $50.00 per day starting as of July 14, 2016 and will run until there is compliance. Overgrown property; ULDR Section 3-10.3 CE -09-01491 1547 Oak Ln Mark Campbell, Lead Code Compliance Officer advised that the violation address is 1547 Oak Ln, violation was for overgrown property; ULDR Section 3-10.3. The current lien amount is $5,725 ($25 per day), administrative cost was $355.72 (paid at time of reduction request). Recommendation, provide a reduction of 50%. A lien was imposed on this property in 2009 for an overgrown yard. The City recommends a reduction of the lien from $5,725 to $2,862.50. There are several factors used to figure this recommendation. The factors for the reduction are the property went into foreclosure 8 months after the City's lien was filed. The current owner was not the violator, there have not been any other violations on the property, and administrative cost of $355.72 was paid when the reduction request was submitted. The Special Magistrate asked if the owner or representative of 1547 Oak Ln was present. Aaron Hines, attorney for Bank of America, law firm Phelan, Hallian, Diamond and Jones, PLLC 2727 W Cypress Creek Rd; Fort Lauderdale, FL 33309. Mr. Hines advised that he had been in touch with the City's attorney, his firm had recently been retained by Bank of America, and he also spoke with Brenda Jones. The lien is from 2009 and had been directed to the violator/prior homeowner. The foreclosure lis Pendens was filed in 2010 and final judgement was obtained. The foreclosure complaint did list the City of Casselberry with the lien, the judgement successfully closed out the City of Casselberry's Code Enforcement lien. Ms. Hines requested a partial release of the lien, by operation of law the lien is technically foreclosed out by the final judgement, however the client needs marketable title as a current real owner to market the property. Mr. Hines stated his firm has been very successful with other municipalities, not necessarily Casselberry. Mr. Hines proposed a partial release which his office would handle with the City, that would release the property only; the lien could then be pursued with the original violator. The City could perform a release but that would involve extra work and cost for the City. The alternative would be to continue the hearing, so discussions can be continued and hopefully come to a resolution. The Special Magistrate asked Mr. Hines if his position would be the same with regard to the other case CE 11- 00904. Mr. Hines stated he was present for that case as well and from what he has been informed the City will be recommending that that lien, due to it being filed after the lis pendens, will be LTD released with no monies requested. 41 Page