LEGISLATIVE ACTION ITEM
SPONSOR: D.C. Reeves, Mayor
SUBJECT:
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CODE ENFORCEMENT AUTHORITY REQUEST FOR LIEN REDUCTION, RESCIND OR CANCELLATION- CASE # 20-089 - 524 NORTH HAYNE STREET
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RECOMMENDATION:
recommendation
That City Council approve the request from the Code Enforcement Authority to rescind code enforcement fines recorded against the property located at 524 North Hayne Street in the amount of $74,400 plus $74 recording fee for a total amount of $74,474. Further, that City Council authorize the Mayor to take the actions necessary to execute this rescission, consistent with the Mayor’s Executive Powers as granted in the City Charter.
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HEARING REQUIRED: Choose an item.
SUMMARY:
On January 14, 2020, the property located at 524 North Hayne Street was cited by Code Enforcement for care of premises issues including a considerable accumulation of trash and debris, openly stored items, broken windows, and unsanitary conditions, creating severe nuisance circumstances. The property owner at the time failed to take corrective action after being issued a notice of violation. Due to the lack of compliance, the Code Enforcement Authority Special Magistrate imposed a $100 per day fine against the property on October 20, 2020. The owner did not make any efforts to correct the violations. The daily fine accumulated for a total of 744 days resulting in a total fine amount of $74,400 plus a $74 recording fee for a total amount due of $74,474.
On November 2, 2022, Cultivate & Co. LLC purchased the property, and the fine was stopped due to the change of ownership. Cultivate & Co. LLC immediately began working to bring the property into compliance. The property has been completely cleaned up and has permits approved for renovations.
At the September 19, 2023, Code Enforcement Authority hearing, this item was taken up under New Business, with a request from staff to, “refer this item to City Council for their recommendations.” The Special Magistrate, “So Ordered,” this request.
PRIOR ACTION:
September 19, 2023 - Under New Business Code Enforcement Authority Special Magistrate received a request from staff to refer a reduction, rescission, or cancellation to City Council for their recommendations. The Code Enforcement Authority Special Magistrate “So Ordered” this request. Code Enforcement staff fully supports the recommendation.
FUNDING:
N/A
FINANCIAL IMPACT:
Code Enforcement Fines are accounted for within the newly created Code Enforcement Fund. Approval of this item will result in the City foregoing the potential receipt of $74,400 plus a $74 recording fee for a total of $74,474 within the Code Enforcement Fund. No General Fund revenues will be impacted by this action.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
9/21/2023
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Ryan Spikes, Code Enforcement Administrator
ATTACHMENTS:
None
PRESENTATION: No end