Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT


A
GENDA ITEM NO. 5

MEETING DATE: 9/7/2022
PREPARED BY: 

Skip Margerum

Community Enhancement Manager

 

Peter Schwarz, AICP

Director of Community and Economic Development
DEPARTMENT HEAD APPROVAL:  CED Code Liens/Community Enhancement
SUBJECT: Code Lien Settlement for 599 NW 40 Court 
1.BACKGROUND/HISTORY
    
 

Issue Statement: The previous owner of the multi-family property located at 599 NW 40 Court is requesting settlement of an outstanding code enforcement lien and fine of $161,650,00. The property was sold on July 22, 2022 to new owners Juan Tabora Jr. and Monica Tabora.

 

Recommended Action: The City Commission approve the proposed settlement offer of $48,495.00 plus $225.00 in recording and processing fees for Code Enforcement Lien Code Case# 151393 with Carlos Gomes, previous owner of 599 NW 40 Court, a multi-family property.

 

Case 151393: 

All Violations: $50/day

Hearing date: 10/10/2006

Required compliance date: 11/10/2006

Violation of SEC.7.17 – Business Tax Receipt Requested - Complied: 10/18/2007

Violation of SEC.24.31(B)(2) – Zoning Code – Permitting for Two-Family Dwelling Required - Complied: 10/27/2010

Violation of SEC.23.1(A) – Zoning Code – Abandoned/Inoperable Vehicles – Complied:  10/10/2006

Violation of SEC.5.43(C)(6) – Minimum Housing Code – Window Screens Required – Complied:  10/10/2006

Violation of SEC.5.43(E)(7) –Minimum Housing Code – Fence Repair Required - Complied: 10/27/2010

 

Total Fines $161,650.00

 

 

TOTAL FINES:  $161,650.00

2.CURRENT ACTIVITY
    
 

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 $161,650.00 in fines, and the property owner negotiated a settlement of $48,495.00, which amounts to 30% of the accrued fines. The negotiated settlement meets the requirements of the City's Lien Settlement Policy.

 

The settlement amount of $48,495.00 plus $225.00 in recording and processing fees will be collected to offset city expenses incurred on the 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.
3.FINANCIAL IMPACT
    
 

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

 

Total Fines/Lien:

$161,650.00

 

Settlement Offer:

$48,495.00

(30% of total lien amount)

(less) Orange Lien fees:

$8,487.00

(17.5% of settlement, per contract)

(plus) Administrative/recording fee:

(plus) Hard Costs:

$225.00

$0.00

 

 

The proposed settlement will result in the City receiving $40,233 to offset expenses incurred by the City.
4.RECOMMENDATION
    
 It is recommended that the City Commission approve the proposed settlement offer of $48,495.00 plus $225.00 in recording and processing fees for Code Case #151393 with Carlos Gomes, previous owner of 599 NW 40 Court, a multi-family property.
ATTACHMENTS:
Description
599 NW 40 Court Settlement Offer
599 NW 40 Court Photo
599 NW 40 Court BCPA
599 NW 40 Court property transfer
599 NW 40 Court Map