CITY ATTORNEY S REPORT AND RECOMMENDATION ON REQUEST TO SETTLE AN ADMINISTRATIVE FINE OR LIEN

Transcription

1 CITY ATTORNEY S REPORT AND RECOMMENDATION ON REQUEST TO SETTLE AN ADMINISTRATIVE FINE OR LIEN Requesting Party Emad Yacoub Address 519 Sagecreek Court, Winter Springs, Florida Telephone Property involved 987 Sunrise Drive, Tarpon Springs, Florida Date of violation September 17, 2012 Nature of violation 8-40 Duty to Maintain Private Property 8-52 Nuisance Prohibitions 11-1 Occupational License Res Multi-Family Distr Location Parking/Storage of Abandon Vehicles Code Enforcement Case No Date of fine or lien November 28, 2012 Amount of fine or lien $178, Utility Lien (non-negotiable): $2, Amount offered to settle fine or lien $ I. Facts and circumstances leading to fine or lien. Mr. Yacoub s request to settle is attached as Exhibit A. The case history report is attached as Exhibit B and the current property appraiser s information is attached as Exhibit C. II. Background information. On September 12, 2012, an anonymous complaint was made. The caller stated the property owner might be running an auto repair business and that there are 6 to 8 cars parked on the property. Not sure if vehicles have current tags. On September 17, 2012, an initial inspection was done. There are 10 vehicles parked on the property. There is a utility trailer, mini-van without a tag, SUV parked on the sidewalk with a flat tire. Several of the vehicles are backed in so cannot see if there are current tags on them. There are various auto parts stored on the front lawn and driveway. There is trash and debris including a television on the driveway. The grass is overgrown. Inspector Sanner issued a notice of violation and will re-inspect in two weeks. On October 8, 2012, the property owner, Kim Ludlow, requested an extension to bring property into compliance. She was given one week to comply. On October 16, 2012, Inspector Sanner re-inspected the property and found that half of the vehicles had been removed, one still had no tag, garage door was open and driveway full of auto repair equipment and supplies. The property owner stated that that they are working on it. The property owners are trying to get in touch with the owner of the vehicles but do not have 1

2 their phone numbers. Inspector Sanner told them they could have them towed. She also indicated that she is taking them to the Code Board on November 8 th and they have until then to comply. Photos were taken. On October 29, 2012, an additional complaint was received regarding how many vehicles were parked on property and street. Complainant is also concerned about the safety of children living on the street. On November 7, 2012, Inspector Sanner re-inspected the property and found no change. Photos were taken and Inspector Sanner sent an to Darryl Garman with FWC for assistance. On October 30, 2012, a voic message was left from an unknown caller complaining about the property and that the owner is bringing more stuff onto the property and blocking the sidewalk. On November 8, 2012, the Code Board voted and accepted the notice of violation. The property owners have until November 28, 2012, to bring the property into compliance or face a fine of $ per day until property is brought into compliance. On November 29, 2012, Inspector Sanner re-inspected the property and found that four non-operative vehicles remain on the property, television, and four tires on side of house. An affidavit of non-compliance is issued. Photos were taken. On January 2, 2013, a site visit was done. There is only one inoperative vehicle on property, backed in so cannot see if there is a current tag. Trash and debris has been removed and yard cleaned up. Garage door was closed so could not see if any equipment is still there. Property is still non-compliant due to inoperative vehicle. Re-inspect in one month. On February 4, 2013, site visit. One inoperative vehicle remains backed in on the side of yard. Will re-inspect in one month. On March 4, 2013, site visit. No change. Re-inspect in one month. On April 8, 2013, site visit. No change. Re-inspect in one month. On May 10, 2013, site visit. There are additional items on the property and driveway. Photos taken. Re-inspect in one month. On June 10, 2013, site visit. The inoperative vehicle is gone but the owner is working on a friend s car in the driveway. Property owner is told to stop working on vehicles. Re-inspect in 30 days. On July 9, 2013, site visit. No change. There is one car on a ramp parked in the driveway and car repair equipment on the driveway. Re-inspect in 30 days. 2

3 On July 26, 2013, site visit. Owner actively working on cars not owned by him. Re-inspect in 30 days. On August 27, 2013, site visit. No change. Car on jacks being worked on. Photos taken. Re-inspect in 30 days. On October 1, 2013, site visit. There are several cars being worked on. Re-inspect in 30 days. On October 31, 2013, an additional complaint is received. On November 1, 2013, December 6, 2013, January 13, 2014, February 14, 2014, March 14, 2014, May 16, 2014, site visits. No changes, some dates property worse than others. Photos taken. Additional complaints received during this time. FWC did site visit, but clearly did not help. On June 25, 2014, Inspector Sanner was doing site visit. Son of the owner came over and said that his father is in jail and that they are trying to clean up the property. Inspector gave the son her business card and told him to call her and she will re-inspect the property in 30 days. On July 29, 2014, Inspector Sanner re-inspects property and the property has been cleaned up and is in compliance. An affidavit of compliance is issued and will be placed on the Code Board s agenda for August 14, On August 14 th the Code Board voted and accepted the affidavit of compliance. III. Recommendation of agency imposing fine or lien. Code Enforcement agrees with recommendation. IV. Administrative costs incurred by City. Code Enforcement $ City Clerk $ City Attorney $ TOTAL V. Analysis of settlement criteria. A. Whether the violation posed a danger to the public health, safety and welfare. Yes. There is gasoline and oil drippings in the driveway, heavy auto equipment in yard and driveway. Vehicles left on ramps and jacks. Vehicles blocking sidewalks. 3

4 B. Whether the violation has or is likely to reoccur. Since Mr. Yacoub purchased property these violations have not reoccurred. C. Whether the requesting party was warned, cited or fined for the same violation before or after the violation. The requesting party is not the violator. D. The efforts of the requesting party to correct or stop the violation. The requesting party is not the violator. E. The extent to which the requesting party cooperated with the City to correct or stop the violation. The requesting party is not the violator. F. Whether the requesting party has availed himself or herself of any available procedures to request a reduction of the fine or lien. The requesting party is not the violator. G. The financial circumstances of the requesting party. I do not have this information. H. The age, health, mental condition, disability or infirmity of the requesting party. I do not have this information. I. Whether payment of the fine creates or would have created a demonstrable hardship. Yes. The fine is over $150, This would be a hardship for most people. J. Whether the current amount of the fine or lien is grossly disproportionate to the violation. No. 4

5 K. In the case of pending or threatened litigation, whether settlement of the fine or lien is in the best interest of the City. Not applicable. VI. City Attorney s recommendation. This is an all too familiar situation wherein the liens are a result of the previous owner. Mr. Yacoub has indicated that he is continuing work on the property and does not plan on selling/flipping the property. I recommend that the Commission offer to settle this case for the amount of $5,000.00, plus the administrative costs incurred by the City of $575.00, and the utility lien (non-negotiable) for a total of $7, I recommend that the requesting party be given sixty (60) days to pay that amount and that if that amount is not paid, the liens revert to their original amount. Respectfully submitted, /s/ Jay Daigneault, Esquire Jay Daigneault, Esquire 5

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23 Emad Yacoub 519 SageCreek Ct Winter springs, FL Phone: Date: 12/11/2017 To: Board Members of Tarpon Springs, Florida City of Tarpon Springs, Florida Reference: Real property located at: 987 Sunrise Drive, Tarpon Springs, FL Subject: Code Enforcement Citation# Dear Board members of the city of Tarpon Springs, My name is Emad Yacoub, I am the new owner of the house located at 987 Sunrise Dr., Tarpon Springs. I purchased this house through an online auction. I am writing this letter seeking your assistance in waving/ reducing the payoff value for the code enforcement citation # Prior to my purchase of the house located at 987 Sunrise Drive and to help making an informative decision before buying this house, I contacted the city of Tarpon Springs to obtain a municipal assessment search to get information about any current liens against this house. On September 20 th 2017, I received the municipal assessment lien search results, copy attached, to indicate current liens against this house. My intention is to get the house in order, to pay of the utility lien and work with the Code Enforcement to get the house in compliance. Upon the purchase of the house I have contacted the Code Enforcement to get detailed information for the issued citations, and also contacted the city Tarpon Springs for the payment arrangement of the open citations. The municipal assessment lien search received from the City Tarpon Springs of on September 20 th 2017, indicated that code enforcement citation# has a payoff amount of $326.57, however by contacting the city to make a payment arrangement, I was informed that there has been an error done by the city for the payoff value for the citation# I have contacted the city attorney to seek their assistance in correcting this error. While I was initially told by the city attorney office that the payoff value for the citation# is $326.57, Later I was informed again by the City Clerk Office of Tarpon Springs that the assessment for the pay of would reach about $170, I have contacted the city attorney again to explain my situation and requesting their assistance to correct and wave the added penalty/fine for this citation. I was recommended by the city attorney to write this letter to ask the board members of city of Tarpon Springs their acceptance to reduce/ wave the added penalty/fine for this citation.

24 As I have indicated in this letter that I would like to get the house in order, I have already paid and cleared the Utilities lien. I have contacted the city Compliance Enforcement Unit to correct the open Citation# , corrected most of the house violation items and working on correcting the pending remaining violation so I can clear out this citation. Please accept my request for waving/ reducing the payoff value for the code enforcement citation # as explained in this letter to the original amount of $ Please advise. If you have any question, Please contact me Sincerely, Emad Yacoub 519 SageCreek Ct Winter springs, FL Phone: Eyy0703@yahoo.com

25 ~!I~~~ City Clerk & Collector P.O. Box North Ring Avenue Tarpon Springs, Florida (727) Fax (727) September 20, 2017 Emad Yacoub Telephone Number: (407) LEGAL DESCRIPTION: PROPERTY ADDRESS: 18/27/16/32778/000/ Sunrise Drive Tarpon Springs, Florida (X) There is currently a Lien against the real property for Utilities. The lien is in the name of Kimberly Ludlow and Kirk W. Ludlow, Jr. for $2, The account number the pay-off is effective thru October 15, Breakdown: Principle: Interest: Administrative fees: Satisfaction fee: $2,010.91* $ $25.00 $10.00 (X) There is currently two (2) Code Enforcement lien against the real property in the name of Kirk Ludlow, Jr. 1. The Citation Number , $ is the pay-off amount effective thru October 15, Breakdown: Principle Interest Administrative fee Satisfaction fee $ $41.57 $25.00 $ The Citation Number is not in Compliance there is a daily fine of $75.00 per day until compliance. The fine amount thru September 20, 2017 is $40, To bring this property into compliance or for further information regarding the Code Enforcement case, please contact Code Enforcement at (727) (X) (X) This is a Municipal assessment search of your request by City of Tarpon Springs and acknowledged of your payment of $ Information on open andjor expired permits has been forward to the Development Services Department for response. A Building Development Services representative will respond separately. K. Michele Manousos, CMC Deputy City Clerk & Collector FOR YOUR INFORMATION: *AC11VE UTIL.ITY MEANS ANonl ER BILL WILL BE SENT AT THE NEXT BILLING CYCLE. VACATION STATUS MEANS ANOTHER BILL WILL BE SENT AT THE NEXT BILUNG CYCLE. (These 81'8 not final bills)