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ITEM: RESOLUTION NO. R2020-49 (CODE COMPLIANCE FINE REDUCTION FOR 1016 LAKE BREEZE DRIVE)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL COMPROMISING A LIEN ASSOCIATED WITH A CODE COMPLIANCE ACTION NOH-18-3666, 1016 LAKE BREEZE DRIVE, PURSUANT TO SECTION 2-199 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Request for approval of Resolution No. R2020-49 for a reduction of a lien associated with code compliance action NOH-18-3666, 1016 Lake Breeze Drive. Council consideration of a settlement in the amount of $1,000.00.
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EXPLANATION: Code Compliance received a complaint from the Estate Homes at Emerald Forest HOA on June 6, 2018, stating two HOA notices were previously issued to the homeowner for stained walls. A Courtesy Notice was issued on June 7, 2018, providing until July 10, 2018 to correct. The Notice of Violation/Notice of Hearing was issued on July 25, 2018 providing until August 26, 2018, to address stained and discolored walls. A subsequent inspection found the issues were not corrected. The case was presented to the Special Magistrate on September 20, 2018. The Magistrate ordered compliance on or before October 18, 2018, with a potential fine of $25.00 per day. A follow up inspection found the issues not corrected. A fine certification hearing was held on November 15, 2018. A fine of $25.00 per day was ordered and commenced on October 19, 2018. The property owner was found in compliance on May 17, 2020. Total fines for 557 days of non-compliance equals $13,925.00, Village costs incurred $706.79, for a total lien $14,631.79.
The Property owner submitted a fine reduction application seeking the complete elimination of the lien. In compliance with the Village’s fine reduction policy, Code Enforcement reviewed the fine reduction request and offered a settlement of $3,400.00. The property owner declined the offer and then proposed a payment $1,000.00. The owner explained he is currently experiencing financial difficulties related to COVID and can only pay $1,000.00. Based on demonstrated financial hardship, correction of the violations and no previous enforcement actions, staff supports the $1,000 offer. Fine reductions beyond 80% of the original lien amount require Council approval.
A copy of the notices, Magistrate orders, invoice, and reduction application are attached. The Village Council’s authority to reduce a lien is found in Wellington Code of Ordinances Section 2-199, “a lien arising from a fine imposed pursuant to this article runs in favor of the Village Council, and the Village Council may execute a satisfaction or release of lien entered pursuant to this article.”
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL: YES
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2020-49 for a reduction of a lien associated with code compliance action NOH-18-3666, 1016 Lake Breeze Drive, in the amount of $1,000.00.