HomeMy WebLinkAbout1998 09 28 Consent Item B
COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
September 28. 1998
Meeting
PT
REQUEST: The Community Development Department - Code Enforcement Division requests
the City Commission consider the request of Armando Guarin to consider a
reduction ofa Code Enforcement lien on 602 Anhinga Road from $5,675.00 to
$1,600.00 as recommended by the Code Enforcement Board on March 19, 1996.
PURPOSE:
The purpose of this Board Item is to request the City Commission consider the request of
Armando Guarin to accept a reduction of a Code Enforcement lien on 602 Anhinga Road
from $5,675.00 to $1,600.00 as recommended by the Code Enforcement Board on March
19, 1996.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 162.09 (3) Florida Statutes state;
" A lien arising from a fine imposed pursuant to this section runs in favor of the local
governing body, and the local governing body may execute a satisfaction or release of
lien entered pursuant to this section."
CONSIDERA TIONS:
On July 18, 1989 the owners of 602 Anhinga were found in violation of Section 9-277
and Section 6-3 of the Winter Springs city code at a Code Enforcement Board Hearing
and fines were levied. On April 3, 1990, a lien was entered in the amount of$5,675.00.
The case was involved in litigation. Judge McGregor issued an Order requiring Mr.
Guarin to come into compliance. Judge McGregor supported the city's position to leave
the lien on the property and collect when the house is sold. On February 12, 1996 City
attorney Frank Kruppenbacher advised the City Commission that he and City Manager
Ron McLemore conferred on the matter and advised the City Commission to take the
matter back to the Code Enforcement Board for a recommendation to remove the lien and
settle the case. On March 19, 1996 a motion was made and passed by the Code
Enforcement Board to accept the settlement of $1,700.00 in lieu of collection of
$5,675.00. This recommendation has not been presented to the City Commission for
their approval. Mr. Guarin wishes to remove this lien from his property by paying the
$1,700.00.
RECOMMENDA TION:
Staff recommends that the City Commission review the recommendation by the Code
Enforcement Board to reduce the lien amount from $5,675.00 to $1,700.00.
1. Order of the Code Enforcement Board, July 2], ] 989
2. Order Imposing Penalty/Lien, April II, 1990
3. Letter from Frank Kruppenbacher, city attorney, August II, 1994
4. City Commission minutes, February 12, 1996, page 12
5. Code Enforcement Board Hearing minutes, March 19, 1996 pages 2-5
6. Order of the Code Enforcement Board, March 21, 1996
7. Florida Statute Chapter 162.09
COMMISSION ACTION: