File #: RES 2022-178    Name: Cotton Code Enforcement Reduction Agrmt
Type: Resolution Status: Agenda Ready
File created: 8/11/2022 In control: City Commission
On agenda: 9/8/2022 Final action:
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE ATTACHED AGREEMENT FOR CODE ENFORCEMENT LIEN REDUCTION BETWEEN THE CITY OF COCONUT CREEK AND THOMAS COTTON. (ITEM POSTPONED)
Indexes: Agreement, Code Enforcement, Lien, Resolution
Attachments: 1. RESOLUTION 2022-178-Cotton Code Enforcement Lien Reduction Agrmt, 2. AGREEMENT-Cotton Code Enforcement Lien Reduction, 3. EXHIBIT 1-Cotton Code Enforcement Case 1, 4. EXHIBIT 2-Cotton Code Enforcement Case 2, 5. MINUTES-2022-05 Code Fine Reduction Mtg
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AGENDA ITEM REPORT
TITLE:

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A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE ATTACHED AGREEMENT FOR CODE ENFORCEMENT LIEN REDUCTION BETWEEN THE CITY OF COCONUT CREEK AND THOMAS COTTON. (ITEM POSTPONED)
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BACKGROUND:
Thomas Cotton, the owner of the property at 5390 NW 41 Way located in Winston Park, was found to be in violation of Section 13-257 of the City's Code of Ordinances as cited in Code Enforcement Proceeding Case No. C14090258. A Final Order of the Special Magistrate was issued on January 29, 2015, and recorded on October 22, 2015, which was a repeat violation and acknowledged by the owner. Mr. Cotton was also found to be in violation of Section 13-333 of the City's Code of Ordinances as cited in Code Enforcement Proceeding Case No. C15040479. A Final Order of the Special Magistrate was issued on July 28, 2015, and recorded on November 10, 2015. Fines accrued and were recorded in the amount of $18,775.00 for the first violation and $13,025.00 for the second violation. Because of the size of the fine, it was recorded as a lien in the Broward County Public Records in favor of the City Commission and thus is no longer under the purview of the Special Magistrate.
For reference, the owner previously submitted a request for mitigation and appeared before the Code Enforcement Fine Reduction Committee ("Committee") on December 5, 2017. The Committee recommended that the total fine amount for both cases be reduced to $14,400. In addition, the Committee recommended authorizing a payment plan. The payments were to commence on March 10, 2018, with all following payments due on or before the 10th day of each month until paid in full. Pursuant to the agreement, in the event of default, the owner would be notified and have seven (7) days to make the necessary payment. If the payment was not made, the City's agreement would be terminated, and the fine would revert to the full amount. After one payment was made, the owner defaulted...

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