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Written Communication 7. A.

BCC Regular Meeting

Meeting Date:	03/01/2018
Issue: Environmental (Code) Enforcement Lien Relief- 25 E Devane Street and 120 W Johnson Avenue
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

December 1, 2017, communication from Berry Leonard requesting full lien release for 25 East Devane Street and 120 West Johnson Avenue.

Recommendation: That the Board review and consider the lien relief requests made by Berry Leonard, owner of both properties, against properties 25 East Devane Street and 120 West Johnson Avenue.

On August 21, 2014, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.

After reviewing the request for forgiveness of liens, staff made the determination that the request does not fall within any of the criteria that would allow the County Administrator to act on the Board's behalf and grant relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

Mr. Leonard made a written request for lien relief in December 2017. His request is for a full release of liens on both properties located at 25 East Devane Street and 120 West Johnson Avenue. Current Board's Policy does not allow the County Administrator to provide this type of relief.

BACKGROUND:

This Written Communication item was originally scheduled before the Board at its meeting on January 18, 2018. During the meeting, the Board unanimously approved to drop it. A copy of the Resume Page from that meeting is attached. Also attached are a document with a few photos of the abated properties as provided by Mr. Leonard, and the original backup for each property from the January meeting.

25 East Devane Street and 120 West Johnson Avenue have been the subject of three Code Enforcement Liens. Two liens are attached to 120 West Johnson Avenue and one lien attached to 25 East Devane Street. Mr. Leonard purchased the two properties at a Tax Deed Sale dated November 9, 2017. Mr. Leonard is asking the Board to erase all Code Enforcement liens attached to these two properties.

BUDGETARY IMPACT:

1st Lien 120 W Johnson Avenue CE05120349

Fines $6,450.00
Court Cost $ 675.00
Total Lien $7,125.00

2nd Lien 120 W Johnson Avenue CE110301010

Fines $22,800.00
Court Cost $ 1,100.00
Abatement $ 5,000.00
Total Lien $28,900.00

3rd Lien 25 E Devane Street CE150702883

Fines $ 6,500.00
Court Cost $ 1,100.00
Abatement $ 5,757.00
Total Lien $13,357.00

These amounts do not include the Clerk's recording fees or interest.

LEGAL CONSIDERATIONS/SIGN-OFF:

If approved by the Board, the County Attorney Office will prepare the release.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
ResumePage-01182018 Devane and Johnson
AbatementPics-Devane and Johnson
25 E DevaneStreet
120 W JohnsonAve