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CASSELBERRY CITY COMMISSION Minutes of April 14, 2014 —Regular Meeting Page 14 of 19 B. Request for Reduction of Code Enforcement Lien on Parcel M 409-21-30-532-0000- 0020 Staff Presentation: Community Development Director Sandra Smith explained that this item was before the Commission as a result of the Code Enforcement Special Magistrate's review of a request for a lien reduction. She then gave a brief overview of the events leading up to the request. She explained that a violation had been determined to be present on this vacant piece of property on June 19, 2013, and the violation consisted of a utility trailer being parked on the property. She advised that notice had been sent to the property owner with no response, so the property had then been posted in accordance with Florida Statutes prior to a Code Enforcement Board hearing on September 12, 2013. She stated that the Code Enforcement Board had found the property to be in violation, and at a subsequent hearing on October 10, 2013 imposed a fine of $25/day to run until compliance was achieved. She added that the property had been found to be in compliance on December 30, 2013, at which time the fines had accrued to a total of $2,375.00 and did not accrue further. Ms. Smith advised that a request for reduction of the lien was heard by the Code Enforcement Special Magistrate on March 13, 2014, and the Special Magistrate had ordered that the lien be reduced to $593.75. She then stated that staff was in support of the Special Magistrate's decision and were recommending that the Commission approve the lien reduction as ordered by the Special Magistrate. Petitioner: Mr. Thomas G. Freeman, owner of the subject property, addressed the Commission and requested that the lien on the property be either waived completely or reduced to the amount as ordered by the Special Magistrate and recommended by staff. He stated he did not believe he had received proper notice of the violation and explained that the notice had gone to an old post office box address listed with the Property Appraiser's Office. He also explained how the property had been used for storage of equipment and dumping of debris associated with the North Winter Park Drive construction project by the contractor for the project. Mr. Freeman further explained that he had been unaware of the violation or he would have corrected it immediately. He stated that he appreciated the reduction amount recommended by staff, however, he respectfully requested that the Commission go a step further and reduce the amount to $0.00. In response to questions from the Commission, Mr. Freeman confirmed that the mailing address had been corrected. Discussion: Discussion ensued regarding Mr. Freeman's lack of knowledge of the violation; the use of the property for storage and dumping related to the City's North Winter Park Drive construction project; responsibility of the Commission to make the final determination as to the lien amount; Commission support of the Special Magistrate's decisions; the appellate process contained in the City's Code; improvements which had been made to the subject property; and possible reduced lien amounts. Budget Impact: The lien amount paid would be recognized in the City Budget as income received. Recommendation: The City Manager and Community Development Director recommend consideration of the Code Enforcement Special Magistrate's recommendation to reduce the lien amount due on Case CE - 13 -00570 from $2,375.00 to $593.75, to be paid within 60 days. MOTION: Commissioner Fry moved to reduce the lien in Case Number CE -13-00570 to $300.00, to be paid within 60 days or the lien amount will revert back to the original amount.