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CE 07/14/2016 Minutes
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CE 07/14/2016 Minutes
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Minutes
City Clerk - Date
7/14/2016
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Overgrown property; ULDR Section 10.3 <br />CE -11-00904 1547 oak In <br />Mark Campbell, Lead Code Compliance Officer advised that the violation address was 1547 Oak Ln, violation <br />was for overgrown property; ULDR Section 3-10.3, current lien amount is $57,950 ($25 per day), <br />administrative cost was $345.72 (paid at time of reduction request). City recommendation, a Limited Release of <br />the lien be provided so the Bank may sell this property. The lien would remain in place against former owners <br />James Rahe Sr. & James Rahe Jr. This lien was recorded after the Lis Pendens has been filed by the Bank. <br />A lien was imposed on this property in 2013 for overgrown property. The reason for the Limited Release is <br />because the City's lien was recorded after the foreclosure began. <br />Aaron Hines, attorney for Bank of America, law firm Phelan, Hallian, Diamond and Jones, PLLC 2727 W <br />Cypress Creek Rd; Fort Lauderdale, FL 33309. <br />The Special Magistrate asked what the City's response with regard to the 2 cases, there does not seems to be an <br />issue or dispute over recommending a limited Release with regard to CE -11-00904 and Mr. Hines is requesting <br />a continuance for CE -09-01491. The Special Magistrate wanted to give the City an opportunity to respond to <br />that. There is also if they want some time either July 14, 2016 or another time, to try to work out a global <br />resolution. <br />Mr. Campbell advised that the City would not be opposed to a continuance or to leave it to the Special <br />Magistrates determination. <br />The Special Magistrate asked if Ms. Cocotas had anything to add on behalf of the City. <br />Vivian Cocotas, City Attorney's office added that the proposal received, a partial release is similar to the relief <br />that has been requested for the 2011 lien. Ms. Cocotas did not believe the City is receptive to that partial release <br />relief as to the 2009 lien. If that was the only thing on the table, Ms. Cocotas did not believe a continuance <br />would be appropriate, because that would not accomplish anything. If staff wanted to entertain the offer then a <br />continuance would be appropriate. <br />The Special Magistrate asked if there was anything from anyone else. <br />Finding of fact- The Special Magistrate made a finding in case # 11-00904, 1547 Oak Ln. This cause having <br />come before the Code Enforcement Board on May 12, 2011, the Board entered an order including findings of <br />fact and conclusions of law imposing an administrative lien which was recorded in the public record of <br />Seminole County. The application on July 14, 2016 is for a reduction of the lien, based on the testimony and <br />representations made by counsel it was recommended that the lien previously imposed and recorded in book <br />7596, page 1292-1293, which accrued in the amount of $47,950 should be limited released in favor of the <br />current and future owners. The lien will remain in place against the former owners James Rahe Jr. & James <br />Rahe Sr. The City Commission will take action at its next regularly scheduled meeting, on a to be determined <br />date. <br />Finding of fact- The Special Magistrate made a finding in case # 09-01491, 1547 Oak Ln. This cause having <br />come before the Code Enforcement Board on July 9, 2009, having heard testimony and received evidence there <br />was a determination, finding of fact and conclusion of law. The property was in violation of the applicable <br />ULDR Code and the lien was ordered to be recorded in Seminole County records. Upon this application and the <br />respondents motion, which is unopposed from the City it was ordered that this matter be continued to the next <br />hearing on August 11, 2016. <br />5 1 P a g e <br />
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