Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT


A
GENDA ITEM NO. 13

MEETING DATE: 9/8/2021
PREPARED BY: 

Skip Margerum

Community Enhancement Manager

 

Peter Schwarz, AICP

Director of Community and Economic Development  
DEPARTMENT HEAD APPROVAL:  Building and Community SRV - Code
SUBJECT: Negotiated Lien Settlement - Code Case #'s 192158, 192191 with new owner of the property at 2901 West Oakland Park Boulevard. 
1.BACKGROUND/HISTORY
    
 

Issue Statement: The owner of the property located at 2901 West Oakland Park Boulevard, a commercial property, is requesting settlement of outstanding code enforcement lien and fine of $60,500.

 

Recommended Solution: The City Commission approve the proposed settlement offer of $18,150 plus $400 in recording and processing fees for Code Enforcement Lien Code Case #’s 192191 and 192158 – with ACS2901 LLC, owner of 2901 West Oakland Park Boulevard, a commercial property.

 

Case 192158: 

All Violations: $250/day
Hearing date: 10/21/2020

Required compliance date: 11/10/2020

Violation of NFPA 101-12.3.5.2 - Install sprinkler system– Complied: 2/12/2021

Violation of NFPA 101-12.3.4.1.1 - Install fire alarm system – Complied: 2/12/2021

 

Case 192191: 

All Violations: $250/day
Hearing date: 2/23/2021

Required compliance date: 3/9/2021

Violation of NFPA 1.13.3.3.2 - Sprinkler system tested, inspected and maintained Complied: 4/5/2021

Violation of NFPA 1.13.1.2 - Property Owner shall be responsible for the proper testing and maintenance of equipment and systems– Complied: 4/5/2021

Total fine / lien - $60,500 
2.CURRENT ACTIVITY
    
 

The offer is $18,150 plus $400 in recording and processing. The total settlement offer is to be paid within forty five (45) days of the City Commission’s approval. Failure to pay within the forty five (45) days would void the settlement.

 

The City of Oakland Park's Lien Settlement Policy, as amended and approved by the City Commission on September 1, 2010, allows the City to negotiate a settlement for liens in excess of $25,000 with the concurrence of the City Attorney, and brought before the City Commission for approval.

 

This commercial property accrued $60,500 in fines, and the property owner negotiated a settlement of $18,150, which amounts to 30% of the accrued fines. The negotiated settlement meets the requirements of the City's Lien Settlement Policy.

 

The property was purchased in 2021 and the new property owner worked with the City to bring the property into compliance.  



3.FINANCIAL IMPACT
    
 

The breakdown of the fees to be collected are as follows:

 

Total Fines/Lien:

$60,500

Settlement Offer:

$18,150

(30% of total lien amount)

(less) Orange Lien fees:

$3,630

(20% of settlement)

(plus) Administrative & Recording fees:

$400

 

 

The proposed settlement will result in the City receiving $14,920 to offset expenses incurred by the city.

 

 

 

 

 

 

4.RECOMMENDATION
    
 

It is recommended that the City Commission approve the proposed settlement offer of $18,150 plus $400 in recording and processing fees for Code Enforcement Lien Code Case #’s 192191 and 192158 – with ACS2901 LLC, owner of 2901 W Oakland Park Boulevard, a commercial property.

ATTACHMENTS:
Description
Settlement Offer
2901 W Oakland BCPA
2901 W Oakland Photo
2901 W Oakland Map