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CASSELBERRY CITY COMbIISSION Minutes of September 12, 2016 — Regular Meeting Page 11 of 15 City Commission intends to adopt a final budget for Fiscal Year 2016-2017. All interested parties are invited to attend. 12. OTHER ITEMS A. Code Enforcement Lien Waiver/Reduction Request — 945 Brodie Court (CE -07- 02311 Mayor Glancy distributed additional information regarding the Lien Waiver/Reduction Request to the Commission which had been provided to her by property owner Mr. David Pieski. Staff Presentation: Interim Community Development Director Randy Woodruff gave a brief overview of the item, advising that this was a request for a lien waiver or reduction of lien for property located at 945 Brydie Court. He explained that the initial violation of construction of a seawall without a permit had occurred in October of 2007, and a $50/day fine had been imposed April 10, 2010. He stated that the property had been found to be in compliance on December 6, 2011 at which time the fine stopped accruing; however, at that time the fine had accrued to an amount of $66,900. Mr. Woodruff advised that on August 11, 2016, the Code Enforcement Special Magistrate heard the case and issued an Order recommending a reduction of the lien from $66,900 to $6,690 plus $950 in administrative costs, for a total of $7,640, to be paid within sixty (60) days from the date of the City Commission meeting. In response to questions from the Commission, Mr. Woodruff advised that it was his understanding that work on the seawall had occurred prior to issuance of a permit. Mr. David Pieski, 945 Brydie Court, advised that he was the owner of the property which was the subject of this request and although he appreciated the Code Enforcement Magistrate's recommendation for a reduction fi•om the $66,900 lien, he was making an alternate proposal that the lien be reduced to a one-time lump sum payment of $1,000, to be paid within thirty (30) days, and this proposal had been submitted to the Commissioners previously by email. He then gave a lengthy overview of the timeline of events and his efforts to meet the City's requirements and bring the property into compliance, including issues he experienced with the Homeowners' Association for encroachment onto common property. In response to questions, he advised that he had received no complaints from neighbors other than the HOA itself. Ms. Ann Miller, 190 Northshore Circle also spoke on Mr. Pieski's behalf, advising the Commission of all the things he had done for her personally since her son died, and all the good things he also did for the community. In response to questions fi•om Mayor Glancy, Attorney Babb-Nutcher clarified that the original date for compliance in the Order imposing the fine was April 7, 2008, so pursuant to law the fine would have started accruing on April 8, 2008 upon verification of non-compliance. Commissioner Meadows requested to view a copy of the original permit that was issued, and Attorney Babb-Nutcher explained that at this point the question was not whether there had been a violation, but whether the imposed lien amount would be reduced. She explained that a determination had already been made that there had been a violation and it had not been appealed, so that question was not really relevant at this point. In response to questions from Mr. Pieski, Ms. Babb-Nutcher also clarified that the Commission was not bound by the Magistrate's recommendation in making a decision about whether to reduce the lien or not, and if it was decided to reduce, by what amount.