Loading...
07-18-2002 '-' ...., CITYOFEDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING Thursday, July 18,2002 5:32 p.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Chairman Fowler called to order a regular meeting of the Citizen Code Enforcement Board at 5:32 p.m., Thursday, July 18, 2002, in the Community Center. ROLL CALL: Members present were, Chairman Anthony Fowler, Vice Chairman George Ann Keller, Ms. Joy Brindley, Ms. Linda Johnson, and Mr. Glenn Barnhill. Also present were City Attorney Scott Cookson, Captain Jill Danigel, Code Compliance Officer Angela DeSue, and recording secretary Lisa R. Miller. Mr. Russell Baugher and Mr. Bobbie McGuire were absent. APPROVAL OF MINUTES: The minutes for the regular meeting of June 20, 2002, were presented to the Board for approval. There being no corrections or changes, Ms. Keller moved to approve the minutes as presented. Ms. Brindley seconded Motion CARRIED 5-0. SWEARING IN OF WITNESSES: Attorney Sid Peterson, 131 Cunningham Drive, New Smyrna Beach, Florida was sworn in. CASES IN COMPLIANCE: No cases for the board's consideration at this time. NEW BUSINESS/PUBLIC HEARINGS: Board Attorney - Captain Danigel informed the board that Mr. Nowell had resigned from the firm that he was employed with and the City had received a letter from the firm stating they did not feel they had a relationship with our City any longer. Captain Danigel stated that Mr. Scott Cookson would be here to act as counsel for the Board for this evening. Mr. Cookson stated he represents the City but for this evening he represents the Code Enforcement Board. UNFINISHED BUSINESS: None at this time. LIEN REDUCTION REOUESTS: Chairman Fowler stated there was a lien forgiveness/reduction request before the Board for Mr. Sid Peterson for 1727 Umbrella Tree Drive, Case #93-CE-0474, 1994, under the names of Donald and Alicia Albertson. The Code Board found the property in violation for grass and weeds in excess of 2 feet. A fine was assessed of $25.00 per day until compliance. The City has maintained the property numerous times and the total oflienslfines against the property are $1,797.50. Mr. and Mrs. Albertson are both deceased and Mr. Peterson has provided the copies of the Motion to Convey Real Estate to Personal Representative and Close Estate and the Court Order Granting said Motion. Chairman Fowler gave Mr. Peterson the floor. Mr. Peterson stated that basically what he had before the Board was a situation where he provided services for an attorney, Mr. Joe Smythe, who was a guardian for the Albertsons. He stated it became apparent that the Albertsons had died and he tried to get in contact with Mr. Smythe to finalize the proceedings and get their affairs in order when Mr. Smythe died. Citizen Code Enforcement Board .... ....." July 18, 2002 - Minutes Page 2 Mr. Peterson stated there was a piece of property here in Florida and Mr. Peterson had over $5,000 worth of unpaid expenses, so he tried to recover some of his costs by going to the circuit court and outlining services rendered and the court awarded the property to him. He did not do any title checks or anything at that time. Mr. Peterson stated the property was going to be sold for taxes so he went and paid the taxes, as he did not know what was going on in Ohio. Mr. Peterson stated he got the property in his name and then transferred it to his and his wife's name. He added they have been holding on to it for the past three years, paying taxes and paying to have it maintained. Mr. Peterson questioned whether it was actually an improved lot as it had been described and how it ever came to be maintained in the first place. Mr. Peterson stated the first lien was placed on the property two years after the owners had died. Mr. Peterson stated he did have a contract to sell the property, and during the title work found out about the liens. He added he would like to get them reduced so he could get his cost back as that is money that has come out of his firm. Mr. Fowler asked for staff comments. Captain Danigel went over the paperwork that had been provided to the Board in their packets that listed the dates and actions pertaining to the property at 1727 Umbrella Tree Drive. Captain Danigel stated that it broke down the amounts owed on the property into $572.50 in liens and $1225.00 in fines for a total of $1,797.50. Captain Danigel stated that it was staff's recommendation that the City be reimbursed for the entire amount. Mr. Barnhill stated the letter from Mr. Peterson states that the finance department indicates that $1,066.50 must be paid to satisfy the lien. Captain Danigel asked Mr. Peterson where he got the $1.066.50 figure. Mr. Peterson stated he called the finance department and they sent him a letter, which he did not bring that had the payoff Mr. Peterson stated he thought part of it was fines of the $25.00 per day, and costs the City incurred to cut it. Mr. Peterson stated there is nothing in the record that tells when the $25.00 per day fine stopped. He added they calculated it up to the time that the City went out and cut it themselves and that came to the $1,066.50. Captain Danigel stated the lot came into compliance in 1994. There was discussion regarding the fact that the fines stopped on the lot as it was in compliance but the City was still maintaining the property to keep it in compliance. Captain Danigel stated there was no other correspondence in the file to show they were notified again. Mr. Peterson stated he believed it was because the City was notified of the death of the Albertsons. Ms. Keller stated that when Mr. Peterson took title he should have known there was a lien. Mr. Peterson stated the lawyer that was the guardian died and as he had no living client he took whatever he could get to cover his actual costs. There was discussion regarding the liens and the transfer of ownership. Mr. Peterson stated he would pay any amount that the City had in expenses but he was asking for forgiveness on the fines. Ms. Keller moved the City of Edge water and the Finance Department as stated to satisfy this lien that Mr. Sid Peterson should pay $1,066.50 or whatever the exact amount is that would include bookkeeping as anyone else would have to be responsible and pay the fines. Attorney Cookson asked Ms. Keller ifbecause there was a discrepancy in the total amounts is her motion that there not be a release or waiver of these fines that he pay the amount owed. Ms. Keller stated she did not know how the Finance Department came to the $1.066.50, but if that is what they told him that is what is owed the City then that is the least amount he should be obliged to pay. Chairman Fowler stated there was a motion on the floor and called for a second. Attorney Cookson stated he would still like clarification as there were two different documents with two different amounts on them and they need to clarify whether the motion involves a reduction in the actual figure or whether it does not involve a reduction in the actual figure. Ms. Keller moved to deny the request to reduce the lien and fines. The motion DIED for lack of a second. Citizen Code Enforcement Board ...... ..., July 18, 2002 - Minutes Page 3 Chairman Fowler asked Attorney Cookson if this lien was legitimate and enforceable in a court of law. Attorney Cookson stated in his opinion it was an enforceable lien that runs with the land. Mr. Peterson stated provided that due notice was given and due process was followed. Mr. Peterson stated he was prepared to pay what it cost the city to mow the property. He stated according to the figure he got that amount was right at $800.00 and he was prepared to pay it. Mr. Peterson stated the fine amount was $1,066.50, which does not include the mowing, and he was asking for a reduction of that. He added he would pay any out of pocket expenses the City had regardless of whether the procedural requirements were done or not done. Mr. Barnhill asked if this included the City's cost to draw up the liens. Captain Danigel stated code enforcement had many homes through the years and trying to back track the information had been difficult. She added that there were no problems with the way things are now, but these were so long ago that they break it down into fines and City's out of pocket expenses. Mr. Peterson stated he is not asking for anything free from the City, he wanted to pay whatever the City finance department says to pay for the lot clearing costs plus interest. Ms. Johnson asked if the chart oflot clearing liens were code enforcement board liens. Captain Danigel stated they were not. Chairman Fowler stated that according to the bylaws and the new land development code the board does have the authority to handle these lien reductions. He added it does not state, to his knowledge that it has to be a code enforcement issue. Captain Danigel agreed and stated this was what Mr. Nowell had clarified at a previous meeting. There was discussion regarding the number of years back taxes paid on the property, the legality of lot liens, and the process of notice. Mr. Peterson stated he would like to pay what he thinks is fair and go away. He added that if full payment was required he would pay under protest and he would sue, as lot-clearing liens are illegal. Mr. Peterson stated this was a fair compromise and that anything the City put out he was prepared to pay. Chairman Fowler asked Captain Danigel if she had the actual costs including filing fees on the property. Captain Danigel stated not the filing fees, that was done in 1994 and was not included in the file they inherited. Mr. Peterson stated he will pay whatever interest has accumulated and out of pocket costs the City has on all of the lot clearing liens and the filing fees, whatever the finance department says he needs to pay. Mr. Peterson stated all that he is asking is for the $25.00 a day fine amount be forgiven. Chairman Fowler asked if Mr. Peterson was saying if they took the $25.00 per day times how many days it was out of compliance and deducted from the $1,797.50 and that was what he had. Mr. Peterson stated that was correct. Ms. Keller moved to reduce the amount owed to $1,066.50 to clear all liens on the property. Mr. Barnhill seconded. Mr. Peterson asked if this meant if he paid this it would take care of all the liens and the lot clearing liens satisfied by the City. Chairman Fowler asked if the motion meant ifupon payment of the $1,066.50 this entire issue would be closed. Ms. Keller stated yes. Chairman Fowler asked Mr. Barnhill if this was the motion he had seconded. Mr. Barnhill stated yes. Ms. Johnson asked if they should be clarifying the motion to reduce the lien by the case number. Mr. Cookson stated it would be appropriate to state the amount and that this would satisfy all City liens on the property. Ms. Johnson stated this was not what was on the agenda. Ms. Johnson stated she was questioning this board's authority to have any effect on liens that are placed on the property by the finance department, not the board. Mr. Cookson stated this board has the authority to enforce the code in whatever ways are provided in the statutes or in the code and if the code provides for liens that are done by the finance department he doesn't see why the code enforcement couldn't enforce the code. Ms. Johnson asked if the board had authority over any and all liens that the City of Edgewater places on the property of any nature. Mr. Cookson stated they have the authority to enforce the code and along with that the City has given the Code Enforcement Board the authority to enforce the code and the liens imposed pursuant to that code. He added ifit's the code enforcement job to enforce the code then it is the Code Enforcement Board that has the authority to deal with liens Citizen Code Enforcement Board ....., "WJI July 18, 2002 - Minutes Page 4 imposed by the City. There was discussion regarding wording of the motion. Mr. Barnhill withdrew his second. Ms. Keller withdrew her motion. Ms. Keller moved in Case #93-CE-0474 to reduce the lien amount imposed by the Code Enforcement Board to $200 and the lot-clearing lien on the property will remain until it is paid in its entirety. Mr. Barnhill seconded. Motion CARRIED 5 TO O. Mr. Peterson thanked the Board and left at this time. There was discussion regarding the history of this case and requirements for keeping up an improved lot. There was discussion regarding whether or not some of the liens were enforceable. Mr. Cookson stated he and Mr. Hooper were going to review the process of imposing liens in the code. DISCUSSION ITEMS: Captain Danigel asked Mr. Cookson to discuss the board's actual authority. Mr. Cookson stated the board has the authority to impose fines and liens and pursue those. He added they also have the authority to reduce or do away with the liens imposed by the Code Enforcement Board. He stated the issue in question was what happens to those other liens not imposed by the board and what authority the board has over those liens. Mr. Cookson stated that in speaking with the City on this issue their initial approach is that the Code Enforcement Board has the authority to enforce the code. He added if those liens are placed through some other mechanism other than the board but placed pursuant to the code, then the Code Enforcement Board has some authority over those liens. Mr. Cookson stated whether the board has the authority to reduce or waive the liens needs some clarifying in the code. He added city staff needed to sit down and go over this and come up with what this board can do with liens other than the Code Enforcement Board. Ms. Keller requested that for any other cases coming before the board that they have all the back up paperwork from finance so they could make a fair decision. Captain Danigel stated the sheet provided by staff was the information collected from the finance department. She added the letter that Mr. Peterson stated he received from the finance department was never furnished to staff It was noted the Ad Hoc Committee would be meeting on July 31 st to go over the Land Development Code. It was noted there was no new information on the bylaws. There was discussion regarding board attendance. Captain Danigel stated currently the bylaws stated attendance requirements were if someone misses three consecutive meetings they can be removed from the board. CODE ENFORCEMENT COMMENTS: There were none at this time. PUBUC COMMENTS: Mr. Keller asked how much Mr. Peterson was actually going to pay. Chairman Fowler stated $1,066.50 or very close to that amount. ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 6:43 p.m. Minutes respectfully submitted by: Lisa R. Miller, Recording Secretary