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ITEM: RESOLUTION NO. R2023-31 (CODE COMPLIANCE LIEN REDUCTION FOR 10726 VERSAILLES BLVD)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL COMPROMISING A LIEN ASSOCIATED WITH CODE COMPLIANCE ACTIONS NOH-9-2387 AND NOH-11-2102 FOR 10726 VERSAILLES BLVD, PURSUANT TO SECTION 2-199 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approve Resolution No. R2023-31 for the Code Compliance Lien Reduction for 10726 Versailles Boulevard.
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EXPLANATION: In 2021, Council approved Resolution No. R2021-50, adopting the policy for lien reductions by Wellington staff and the Council. The Resolution provided guidelines and delegated to staff the authority to compromise certain liens and also ratified lien reductions approved by staff or a Wellington Special Magistrate prior to January 1, 2020. The Resolution was approved and the policy was effective on September 13, 2021. On March 20, 2020, the Special Magistrate approved a lien reduction for cases NOH-9-2387 and NOH-11-2102. This reduction occurred before the policy was effective and after the January date approving previous reductions and therefore requires approval by Council. Because the property owner has completely paid the amount as reduced by the Special Magistrate, the request is to approve the reduction as previously ordered.
The following is a brief summary of the two code compliance cases. A detail of the case history is provided as an attachment. A fine reduction request for cases NOH-09-2387 and NOH-11-2102 was received from the property owner, Ronald Okon, on February 27, 2020.
NOH-9-2387 10726 Versailles Blvd
• Initiated and NOV/NOH issued on June 12, 2009, AMENDED NOV/NOH issued for landscape maintenance and structure condition on June 17, 2009; compliance date of July 19, 2009.
• On June 29, 2009 the property was posted giving 20 days to come into compliance.
• Follow-up inspections: July 20, 2009 and August 14, 2009; found that the violations were not corrected.
• Presented to Special Magistrate on August 20, 2009; found in violation (see detail).
• Follow-up inspections: September 21 and October 5, 2009; found that the violations were not corrected.
• On October 15, 2009, the Special Magistrate ordered a fine of $100.00 per day
commencing September 18, 2009; costs of $366.49 and a 5-years cease & desist.
• Follow-up inspections between November 23, 2009, through November 9, 2011, found that the violations were not corrected.
• On February 29, 2012, the violation of Wellington Land Development Regulation Section 7.3.12.B was corrected.
• On May 2, 2012, the violation of Wellington Code Section 36-22(B)(1) was corrected.
NOH-11-2102 10726 Versailles Blvd
• Initiated and NOV/NOH issued on May 19, 2011; compliance date of June 19, 2011; structure condition.
• On June 29, 2011, the property was posted giving 10 days to come into compliance.
• Follow-up inspection: July 11, 2011, found that the violations were not corrected.
• Presented to Special Magistrate on July 21, 2011; found in violation (see detail).
• Follow-up inspections: August 22 and September 8, 2011; found that the violations were not corrected.
• On September 15, 2011, the Special Magistrate ordered a fine of $25.00 per day/per violation commencing August 19, 2011; costs of $335.46 and a 5-year cease & desist.
• On October 24, 2011, violation of Wellington Code Section 36-23(B)(1) was corrected.
• On May 2, 2012, violation of Wellington Code Section 36-22(B)(1) was corrected.
The settlement is outlined below: NOH 09-2387 reduction to the amount of $2,607.00, fine reduced to $1,915.83 plus costs in the amount of $691.17. NOH 11-2102 reduction to the amount of $893.00, fine reduced to $557.54 plus costs in the amount of $335.46. The request is to approve the lien reduction of $3,500, which has already been paid by the owner.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approve Resolution No. R2023-31 for the Code Compliance Lien Reduction for 10726 Versailles Boulevard.