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County Attorney's Report 11. 2.
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| BCC Regular Meeting |
Action |
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| RECOMMENDATION: |
Recommendation Concerning Recording and Executing Lien Against South Palafox Properties, LLC for Fire Suppression Costs at 6990 Rolling Hills Road, a/k/a Rolling Hills Yard Trash Disposal Center
That the Board take the following action against South Palafox Properties, LLC to recover fire suppression costs in the sum of $216,409.61 with accrued interest incurred by Escambia County regarding the real property located at 6990 Rolling Hills Road, a/k/a Rolling Hills Yard Trash Disposal Center from February 17, 2017 through February 28, 2017, pursuant to Part I, Section 82-20, Escambia County Code of Ordinances:
A. Authorize the County Administrator or his designee to sign the attached Notice of Lien; and
B. Authorize the County Attorney's Office to record the Notice of Lien in the Official Records of Escambia County, Florida and to initiate foreclosure and execution proceedings in the Circuit Court of Escambia County, Florida. |
| BACKGROUND: |
On February 17, 2017, Escambia County became aware of a fire of unknown origin at the real property known as the Rolling Hills Yard Trash Disposal Center located at 6990 Rolling Hills Road. The Escambia County Departments of Public Safety, Waste Services Management and Public Works coordinated efforts to extinguish the fire, as it was an imminent hazard to the health, safety and welfare of the general public. These Escambia County departments worked diligently from February 17th through February 28th to bring the fire under control and eventually turn control of the site back to the owner, South Palafox Properties, LLC.
As provided for in Section 82-20, Escambia County Code of Ordinances, when an imminent hazard exists and the owner of the property is not readily available or is unwilling to take corrective action, the County may direct emergency action to abate the imminent hazard, and subsequently bill and execute a lien to recover its costs of abatement.
On May 31, 2017, in compliance with Section 82-20, the County notified the owner and operator, South Palafox Properties, LLC through certified mail delivered to John D. Levitan, Sr., James W. Dillard and Alexander L. Cover, III, managers of South Palafox Properties, LLC; Richard M. Beckish, Jr., registered agent for South Palafox Properties, LLC, and Arthur Fletcher, II, general counsel for South Palafox Properties, LLC, of the costs incurred by Escambia County to extinguish the fire at the Rolling Hills facility. More than thirty days have elapsed without payment of the statement by the owner. Therefore, according to the procedure set forth in Section 82-20, the County is authorized to record and execute a lien against the owner in order to recover the costs of abatement and fire suppression. |
| BUDGETARY IMPACT: |
| Costs for recording the lien and filing any court action will be paid from the Internal Services Section 501 Fund established with the Division of Risk Management. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The County Attorney's Office has prepared the attached Notice of Lien, and upon approval, will record the lien in the Official Records of Escambia County, Florida and initiate and prosecute foreclosure and execution of the lien in the Circuit Court of Escambia County, Florida. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| N/A |
| IMPLEMENTATION/COORDINATION: |
| The County Attorney's Office will coordinate with the Florida Department of Environmental Protection, which also has an enforcement proceeding pending, to implement the action authorized by the Board. |
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