Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT

AGENDA ITEM NO. 6

MEETING DATE: 10/6/2021
PREPARED BY: 

Skip Margerum

Community Enhancement Manager

 

Peter M. Schwarz, AICP

Director of Community and Economic Development		DEPARTMENT HEAD APPROVAL:  Building and Community SRV - Code
SUBJECT: Code Lien Negotiation Settlement 731 NE 57 Street - Case #’s 156609, 169756, 181501, 183157
1.BACKGROUND/HISTORY
    
 

 

Issue Statement: The owner of the residential property located at 731 NE 57 Street, is requesting settlement of outstanding code enforcement lien and fine of $186,500.

 

Recommended Solution: The City Commission approve the proposed settlement offer of $18,000 plus $1,350 in recording and processing fees for Code Enforcement Lien Code Case #’s 156609, 169756, 181501, 183157– Maria Ortiz, owner of 731 NE57 Street, a residential property.

 

Case 156609:

All Violations: $25/day
Hearing date: 12/16/2008

Required compliance date: 01/31/2009

Violation of SEC.24.68(E)(1)(A) – Portable storage unit on site for more than 30 consecutive days -Complied: 05/21/2009

Violation of BCC 39.275(6)(B) – Remove outside storage – Complied: 04/01/2009

Violation of BCC 39.133(A) Overgrowth- Complied 02/01/2009

Total fine / lien - $4,200

 

Case 169756:

All Violations: $100/day
Hearing date: 11/19/2013

Required compliance date: 12/19/2013

Violation of SEC.8.7(A) – Overgrowth/ weeds -Complied: 03/14/2016

Violation of SEC.13.32(A) – Trash and debris – Complied: 03/14/2016

Total fine / lien - $163,200

 

Case 181501:

Hearing date: 04/13/2017

Required compliance date: 04/18/2017

Violation of SEC.24.68(E)(1)(A) – Portable storage unit – Complied 09/25/2017 – Fine: $50/day

Total fine / lien - $8,000

 

Case 183157:

Hearing date: 10/12/2017

Required compliance date: 11/01/2017

Violation of SEC.24.80(I)(3) – Parking on grass area – Complied 06/11/2018 – Fine: $50/day

Total fine / lien - $11,100
2.CURRENT ACTIVITY
    
 

The offer is $18,000 plus $1,350 in recording and processing fees will be collected to offset city expenses incurred on the residential property. The total settlement offer is to be paid within ninety (90) days of the City Commission’s approval. Failure to pay within the ninety (90) 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 Manager and City Attorney, and brought before the City Commission for approval.

 

This residential property accrued $186,500 in fines, and the property owner negotiated a settlement of $18,000, which amounts to 9.6% of the accrued fines. The negotiated settlement meets the requirements of the City's Lien Settlement Policy.

 

The current owner, Maria Ortiz, a 75 year old retired and disabled law enforcement officer, inherited the property in 2019 from her parents.  All violations were corrected between 2006 and 2018. The property is currently homesteaded in Maria Ortiz's name, and the 2021 assessed taxable value of the property is $231,480.

 

3.FINANCIAL IMPACT
    
 

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

 

Total Fines/Lien:

$186,500.00

 

Settlement Offer:

$18,000.00

(9.65% of total lien amount)

(less) Orange Lien fees:

$3,600.00

(20% of settlement, per contract)

(plus) Administrative/recording fee:

$1,350.00

 

 

The proposed settlement will result in the City receiving $15,750.00 to offset expenses incurred by the City.
4.RECOMMENDATION
    
 

The City Commission approve the proposed settlement offer of $18,000 plus $1,350 in recording and processing fees for Code Enforcement Lien Code Case #’s 156609, 169756, 181501, 183157– with Maria Ortiz, owner of 731 NE 57 Street, a residential property.

ATTACHMENTS:
Description
731 NE 57 Street Settlement
731 NE 57 Street BCPA
731 NE 57 Street MAP
731 NE 57 ST PHOTO