request.
Amended motion by Vice Mayor Heriot, seconded by Commissioner
Santiago, to authorize the expenditure of $30,000 for the City's
engineering consultant to prepare amendments to Article IV -
Stormwater Management of the Land Development Code. The amended
motion carried by the following vote:
For: 7 -
Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
C.
Request to approve the reduction in fine request by the respondent.
Motion by Commissioner Lulli, seconded by Commissioner Colwell, to
deny the reduction in fine request by the respondent.
The Mayor opened the public comments and a resident addressed the City Commission.
The Commission and Code Compliance Supervisor discussed the date of the violation, the
days in violation, having an opportunity to fix the issue, violation for expired permit, fire
prevention at Dollar General, putting the public at risk, Dollar Tree's operating income, other
issues with the stores.
The City Attorney stated he just did want to point out that the procedures under the code, as
far as a consideration of recommendation of a reduction in fines does specify “the City
Commission may take action solely based upon the sworn application and
recommendation of the Code Enforcement Board/Special Magistrate and information
previously provided by the violator/property owner to the code enforcement hearing officer
considering the application for reduction or release of Lien fine and judgment.” The
Commission’s decision tonight does need to be based on the record and the
recommendation from the Special Magistrate. The Special Magistrate has recommended
this for approval. However, the Commission based on it's review of the record presented at
Special Magistrate which the Code Compliance Supervisor has testified to the time it took
them to comply. Those are grounds that the Commission may use to override the Special
Magistrate’s recommendation. The Commission may continue to ask questions of the
Code Compliance Supervisor as to what it took and the time it took, and the gravity of the
violation, as the Commission considers whether or not to support or deny this application.
The Commission, City Attorney and Code Compliance Supervisor discussed the decision
being based on facts, facts presented to the Special Magistrate, the recommendation to
reduce the fine, the discrepancies with permits, providing enough time to comply, and a
previous case and working with the owner.
Commissioner Lulli stated for the record his motion was based upon the testimony and
evidence presented and not around any other anecdotal comments he may have made this
evening.
The motion carried by the following vote: