BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASES OF MATHEW L. AND BOBBI J. HICKS AGENDA ITEM DATES: MEETING DATE: 2/13/2018 COMPLETED DATE: 2/1/2018 COUNTY ATTORNEY: 1/22/2018 ASSISTANT COUNTY ADMINISTRATOR: 1/29/2018 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Hi-Land Properties, LLC Name: Procedures: None EXECUTIVE SUMMARY: Building Dawn Matias Business Operations Manager Pursuant to the provisions of Section1.98.B, General Ordinance, Martin County Code, the Board of County Commissioners is asked to consider approval of a Fine Reduction Stipulation and Agreed Recommended Order regarding two Code Enforcement cases involving Mathew L. and Bobbi J. Hicks. Hi-Land Properties, LLC is the Prospective Purchaser of the property. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8095b99a 1 of 22

2 The attached Fine Reduction Stipulation and Agreed Recommended Order involves two cases and the property located at 8162 SE Cumberland Circle, Hobe Sound, Martin County. In reference to Case No , an Order, Amended Order, and Amended Order Imposing Administrative Fine/Lien for Repeat Violation were issued in reference to two (2) violations of the General Ordinances, Martin County Code. A fine of $63, remains outstanding. In reference to Case No , on August 15, 2012, the Code Enforcement Magistrate approved a Stipulation and Agreed Final Order regarding four (4) violations of Chapter 21, Building and Housing Regulations, General Ordinances, Martin County Code. Compliance was required by October 2, An inspection of the property conducted on March 13, 2017, determined that the property was not in compliance and that as of March 13, 2017, a fine in the amount of $486, had accrued. On March 13, 2017, Code Enforcement Case No was concluded and the structure was determined to be unsafe pursuant to Section 21.75, General Ordinances, Martin County Code. A cost in the amount of $1, remains outstanding. Ultimately resolution of the unsafe structure matter was affected through the issuance of a Final Summary Judgement and Order (Order) by the honorable Curtis L. Disque, Case No. 17-CC-1210, authorizing the demolition and removal of the structure by Martin County and awarding the cost of demolition and removal against Respondents. In response to the Order, Respondents entered into a Stipulation waiving their rights to appeal in exchange for the County s agreement to refrain from demolishing and removing the structure pending the conclusion of negotiations with the third party Prospective Purchase. Respondents and Prospective Purchaser are currently in negotiations regarding the sale of the property. Staff has determined that a lien reduction is warranted in view of Prospective Purchaser s offer to: a. Within thirty (30) days of the approval of the fine reduction request by the Board of County Commissioners, pay $17,500 to resolve the outstanding fines and costs which have accrued. b. Within one hundred and eighty (180) days of the approval of the fine reduction request by the Board of County Commissioners, complete the repair of all structural damages to the single family residence, fence, swimming pool and deck in full compliance with the Florida Building Code and Property Maintenance Code of Martin County. Martin County will use its best efforts to expedite the permitting process. c. In conjunction with the repair of the structural damages, provide architectural and landscaping improvements compatible with the character of the neighborhood as approved by the Building Official - Director. Respondents and Prospective Purchaser have acknowledged that if the payment, repair and improvements set forth are not achieved within the times specified, the County will demolish and remove the structures and if the costs are not paid within thirty (30) calendar days from the date Martin County files it notice of demolition costs with the Court, the costs shall constitute a lien payable to Martin County. The Code Enforcement Magistrate considered the fine reduction stipulation at a hearing on January 29, 2018 and has recommended its approval to the Board of County Commissioners. 8095b99a 2 of 22

3 ISSUES: None. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION Move that the Board accept the Magistrate s Recommended Order requiring payment of $17,500 within thirty days and completion of repairs and improvements as specified within Paragraph 5 of the Stipuation. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Provide staff with further directions. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 8095b99a 3 of 22

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7 BCC MEETING DATE: February 13, 2018 AGENDA ITEM: 4C1 TO: VIA: FROM: SUBJECT: MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM Honorable Members of the Board DATE: February 6, 2018 of County Commissioners Taryn Kryzda County Administrator Larry Massing Building Official REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASES OF MATHEW L. AND BOBBI J. HICKS This supplemental is intended to provide the BOCC with specific background information associated with the Code Enforcement action associated with this property and its impacts upon the neighborhood as well as the nexus of events that have ultimately led to this fine reduction request. TK/LM/dm Attachment Reviewed by County Attorney s Office Page 1 of 1 bld2018m9 SUPPLEMENTAL.docx 7 of 22

8 THIS PROPERTY HAS LONG BEEN IN VIOLATION OF MINIMUM PROPERTY MAINTENANCE CODES, WITH LITTLE TO NO EFFORT ON THE PART OF THE PROPERTY OWNERS TO COMPLY. ULTIMATELY RESULTING IN MULTIPLE MAGISTRATE ORDERS OF COMPLIANCE ALONG WITH ACCRUING FINES, WHICH DID NOT RESULT IN AN INCENTIVE FOR THE PROPERTY OWNERS TO COME INTO COMPLIANCE OVER THE COURSE OF MANY YEARS. 8 of 22

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12 THE FAILURE OF THE PROPERTY OWNERS TO TAKE ANY REAL MITIGATIVE ACTION TOWARD THE MAINTENANCE OF THIS STRUCTURE OVER THE YEARS, ULTIMATELY RESULTED IN AN IDENTIFIED FAILURE OF ONE OF THE KEY STRUCTURAL ELEMENTS IN MID 2017, RESULTING IN THE CONDEMNATION OF THE STRUCTURE BY THE BUILDING DEPARTMENT. AS IS CUSTOMARY WITH THE PROPERTY OWNERS, NO ACTION WAS TAKEN ON THEIR PART. THEREBY IN COLLABORATION WITH THE MARTIN COUNTY ATTORNEY S OFFICE, MARTIN COUNTY SOUGHT A CIVIL JUDGEMENT AGAINST THE PROPERTY OWNERS, WHICH WAS ULTIMATELY GRANTED IN LATE DECEMBER, AUTHORIZING THE DEMOLITION OF THE HOME. 12 of 22

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14 WHILE THIS STRUCTURAL DAMAGE IS SIGNIFICANT, IT IS REPAIRABLE AND THE STRUCTURE IS CAPABLE OF BEING REHABILITATED. PRESENTLY ACCORDING TO THE MARTIN COUNTY PROPERTY APPRAISER THIS IMPROVEMENT IS PRESENTLY VALUED AT $73,420 A SAMPLING OF THE HOMES IN THIS NEIGHBORHOOD INDICATES THE AVERAGE IMPROVEMENT VALUE OF ADJACENT HOMES, IS APPROXIMATELY 63% GREATER THAN THE VALUE OF THIS IMPROVEMENT. (MARTIN COUNTY PROPERTY APPRAISER) THE LAND VALUE IN THIS INSTANCE IS APPROXIMATELY $156, of 22

15 SHORTLY AFTER THE JUDGEMENT WAS GRANTED, WE WERE CONTACTED BY MR. DON CAMERON HI-LAND PROPERTIES L.L.C., THROUGH HIS ATTORNEY. MR. CAMERON EXPRESSED INTEREST IN PURCHASING THE PROPERTY AND RESTORING IT TO A STRUCTURALLY SOUND CONDITION AND ULTIMATELY REMODEL/REHABILITATE THE HOME, SWIMMING POOL AS WELL AS THE SITE AND LANDSCAPING TO A RE-SALEABLE CONDITION. SUCH A PROPOSAL IS NOT UNPRECEDENTED AND HAS SIMILARLY OCCURRED AT LEAST ONE OTHER TIME WITHIN THE LAST 5 YEARS, UNDER SIMILAR CIRCUMSTANCES. 15 of 22

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19 IT IS IMPORTANT TO NOTE THAT SEVERAL OF THE NEIGHBORS, INCLUDING MS. SUZAN CARR REPRESENTING THE NEIGHBORHOOD S CONCERN WITH THIS PROPERTY, ATTENDED A MEETING ON THE 25 TH OF JANUARY WHICH INCLUDED CODE ENFORCEMENT, ADMINISTRATION, LEGAL AS WELL AS MR. CAMERON (THE BUYER) AND HAVE ULTIMATELY ENDORSED THE PROPOSAL BEFORE YOU, ALONG WITH PROVIDING SIGNATURES OF ENDORSEMENT. 19 of 22

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22 IT IS ALSO IMPORTANT TO NOTE, THAT IN THE EVENT THAT THE PURCHASER FAILS TO COMPLY WITH THE STIPULATED AGREEMENT, THE COUNTY MAY AND WILL, EXERCISE ITS RIGHT TO DEMOLISH THE STRUCTURE. 22 of 22