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CE 07/14/2016 Minutes
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CE 07/14/2016 Minutes
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City Clerk - Doc Type
Minutes
City Clerk - Date
7/14/2016
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Overgrown property; ULDR Section 3-10.3 <br />CE -10-02219 1531 Seminola Blvd <br />Mark Campbell, Lead Code Compliance Officer advised that the violation address was 1531 Seminola Blvd, <br />Violation was for overgrown property ULDR Section 3-10.3, the current lien amount is $8,950 ($50 per day) <br />Administrative cost was $495.12 (paid at time of reduction request). City recommendation to provide a <br />reduction of the lien to $2,500. <br />A lien was imposed on this property in 2010 for overgrown property. The City recommends a reduction of the <br />lien from $8,950 to $2,500. There are several factors used to figure this recommendation. The property went in <br />to foreclosure 2 months after the City's lien was filed. The current owner was not the violator. The factors for <br />the reduction are, counsel at the time for Fairwinds Credit Union failed to file the Lis Pendens. The City was <br />unaware of the foreclosure due to the oversight of Fairwinds counsel. There have not been any other violations <br />on the property. <br />The Special Magistrate asked if the owner or representative of 1531 Seminola Blvd was present. <br />Douglas Gartenlaub with the firm of Burr and Foreman, on behalf of the property owner. Also so present was <br />Aaron Gozan, representative of Fairwinds, should any testimony be necessary. <br />The Special magistrate asked if there was any response to the recommendation. <br />Mr. Gartenlaub stated that having discussed it with his client, they are in agreement with the recommendation. <br />Mr. Gartenlaub advised that it looked like some of the attachments were not part of the record. He was not sure <br />if that mattered but he had a copy of what was actually filed. <br />Brenda Jones, Recording Secretary stated she had all that was sent but could only put so much on. <br />Mr. Gartenlaub stated that was fine and he had no problem with that. <br />The Special Magistrate advised he took the City's Code Enforcement Officer's testimony as to the mitigating <br />factors but if Mr. Gartenlaub believed there was more in the record that would factor in. <br />Mr. Gartenlaub stated it properly stated what the factors would have been but they had provided a copy of the <br />final judgement and a couple of other things that pretty much supported what was said. <br />The Special Magistrate stated he would go ahead and take them into evidence. For the record a cover letter, <br />application for reduction, statement, filings with regard to the foreclosure and attachments to the foreclosure. <br />The information was accepted and entered as Respondents exhibit 1. There were no objections from the City. <br />Finding of fact- The Special Magistrate made a finding in case 4 10-02219, 1531 Seminola Blvd. This cause <br />originally came before the Code Enforcement Board on December 9, 2011, after hearing testimony and <br />receiving evidence findings of fact and conclusions of law was imposed, imposing a lien. The lien was recorded <br />in Seminole County public records. Based upon the application and mitigating circumstances that were stated <br />July 14, 2016 the Special Magistrate recommended that the lien previously imposed in Book 7502, Page 0021- <br />22 which accrued in the amount of $8,950 be reduced in the amount of $2,500. If the reduced penalty is not paid <br />within 60 days of the date of the Commission's order, then the original full penalty will be due. If the reduced <br />penalty is paid within the time specified the case will be considered closed and satisfaction of release of lien <br />
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