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ITEM: RESOLUTION NO. R2021-21 (CODE COMPLIANCE FINE REDUCTION FOR 2635 YARMOUTH DRIVE)
A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL COMPROMISING A LIEN ASSOCIATED WITH A CODE COMPLIANCE ACTION NOH-15-750, 2635 YARMOUTH DRIVE, PURSUANT TO SECTION 2-199 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Consideration of the request for reduction of a lien associated with code compliance action NOH-15-750, 2635 Yarmouth Dr., Resolution No. R2021-21, of Paula Bernstein and Barry Bernstein's settlement in the amount of $2,500.00.
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EXPLANATION: Property owners, Paula Bernstein and Barry Bernstein, submitted a fine reduction application seeking a reduction of liens associated with a compliance action. The Bernsteins submitted an initial settlement offer in the amount of $0. Staff reviewed the application and offered a settlement in the amount of $33,696.00, a reduction from the original amount of $168,275.79. The Bernsteins declined Wellington's offer and submitted a counter offer in the amount of $2,500.00. A copy of the reduction application is 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."
Code Compliance case NOH-15-750 was initiated based on a proactive inspection. The initial inspection was conducted on October 29, 2014. The Courtesy Violation Notice was issued on November 10, 2014, providing 30 days to address three expired building permits; 99-4261 pool/spa, 00-5215 electrical, and 03-6130 mechanical air conditioner change out. A subsequent inspection found the issues were not corrected.
The Notice of Violation/Notice of Hearing was issued on November 17, 2014, providing a compliance date of December 3, 2014, and a potential hearing date of ...
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