Consider $142,215 code enforcement fine reduction for 6760 SW 124 Street

DATE: December 2, 2024 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Request for Reduction of Code Enforcement Fines Villa La Selva, LLC; 6760 SW 124 Street PETITION REQUEST Patino & Associates, P.A. representing Ashot Chukiajian, Managing Member of Villa La Selva LLC, has submitted a request for reduction of fines and penalties that have accrued related to previous code enforcement violations at property located at 6760 SW 124 Street. As of November 22, 2024, outstanding code enforcement fines and penalties in the amount of $142,215.00 are due. Mr. Patino indicates that the property owner, Villa La Selva, LLC, is offering to pay $6,793.62 of the outstanding penalty and fines, which was calculated to be 5% of an earlier outstanding fine amount prior to the continued accrual of interest, and requests that the Village Council accept this offer to resolve the matter. A copy of Patino & Associates’ Mitigation request is attached for the Village Council’s consideration. In 2020, previous owners of the property, Panterra 38, LLC, undertook extensive construction and remodeling activities without required building permits and inspections. Unpermitted work included installation of air conditioning units, exterior and interior remodeling, construction of an accessory building, and installation of concrete slabs, pool equipment, and a pool deck. A civil citation for work without permits was issued on November 24, 2020, and the case was adjudicated by the Special Magistrate on February 1, 2021. The property owner did not comply with the Special Magistrate’s Order and fines began to accrue. Villa La Selva, LLC acquired the property in in February 2024. Mr. Patino indicates in his letter that upon purchase of the property, Villa La Selva, LLC began to finalize plans, obtain required permits, and complete the renovations necessary to bring the property into compliance. Building permits were obtained on April 11, 2024 as necessary to comply with the Special Magistrate’s Order. Work is in progress although no building inspections have yet been requested or completed. Pursuant to Division 2-150 of the Village’s Code of Ordinances, the Village Council has the authority to consider requested reductions in code enforcement penalties that exceed $100,000.00. A “Fine Calculation Worksheet” including relevant dates and a description of accrued costs and fines are attached. C/ Paul Buckler, RA, Building Director VILLAGE OF PINECREST BUILDING AND PLANNING DEPARTMENT Code Compliance Fine Mitigation Request – Case History 6760 SW 124 Street As of: November 22, 2024 CASE NUMBER: PROPERTY OWNER NAME: FOLIO #: ADDRESS OF VIOLATION: TYPE OF VIOLATION: CIVIL CITATION ISSUED: CIVIL CITATION REQUIRED COMPLIANCE DATE: SPECIAL MASTER HEARING DATE: DATE OF REQUIRED COMPLIANCE: DATE OF COMPLIANCE: SPECIAL MAGISTRATE ORDER RECORDED: NUMBER OF DAYS IN VIOLATION: FINE AMOUNT PER DAY: TOTAL DAILY FEE: DIRECT COSTS: INTEREST: TOTAL FINE DUE: Property Owner Information: AUGUST 2020 FEBRUARY 2024 CV20-0056 VILLA LA SELVA LLC 20-5014-001-0040 6760 SW 124 Street FLORIDA BUILDING CODE - WORK WITHOUT PERMITS NOVEMBER 24, 2020 DECEMBER 8, 2020 FEBRUARY 1, 2021 DECEMBER 8, 2020 (DATE OF COMPLIANCE BASED ON COMPLAINCE DATE REQUIRED IN THE CIVIL VIOLATION) APRIL 11, 2024 MARCH 3, 2021 1220 $100.00 $122,000 $771.38 $19,443.62 $142,215.00 Property purchased by Pantera 38 LLC Property purchased by Villa La Selva LLC Enforcement Process: NOVEMBER 13, 2020: Property red tagged by the building department NOVEMBER 19, 2020: Inspection revealed unpermitted work for: Air conditioning units Exterior/interior remodeling of main structure Exterior/interior remodeling of the detached structure Pool deck extension Pool equipment Shed Concrete slabs NOVEMBER 24, 2020: Civil citation issued to the registered agent – service received Civil citation posted at the location of violation FEBRUARY 1, 2021 Case presented before the Special Magistrate. Special Magistrate applied a daily fine of $100.00 per day to obtain all required permits going retroactive as of December 8, 2020, which was the required date of compliance based on the civil citation FEBRUARY 8, 2021 Special Magistrate order mailed to the registered agent – service received MARCH 3, 2021 Special Magistrate order recorded Request for Lien Searches: May 15, 2023 Completed search January 29, 2024 Completed search Permitting Process: April 16, 2021 Application submitted – BL2021-0510 October 7, 2022 Application voided – process surpassed the 180 days May 22, 2023 Application submitted – BL2023-0765 April 2, 2024 Application approved April 11, 2024 Permit obtained