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Written Communication 7.

BCC Regular Meeting

Meeting Date:	06/22/2017
Issue: Environmental (Code) Enforcement Lien Relief- 217 Rue Max Street
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

June 6, 2017, communication from Preston Murphy, Realtor Representing Mr. and Mrs. Vega, requesting that Escambia County provide relief of Code Enforcement Lien attached to 217 Rue Max Street.

Recommendation: That the Board review and consider the lien relief request made by Preston Murphy, Realtor representing Mr. and Mrs. Vega, against property located at 217 Rue Max Street.

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 or deny relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

Mrs. Vega made a written request for lien relief in February 2017. Due to Board policy, she was denied because she and her husband were the owners/violators at the time of the Special Magistrate Lien. Therefore, a denial letter was sent to the owner signed by the County Administrator.

BACKGROUND:

In 2013, the owners of 217 Rue Max Street were noticed for dilapidated structure, overgrowth, trash and debris. The owners failed to abate violations and a special magistrate hearing was scheduled. The owners were found to be in violation of Escambia County Code and an order was issued. The owners had until June 9, 2014, to comply. A $50 per day fine was issued and court cost in the amount of $1,100 was awarded to Escambia County.

The owner failed to comply with the order resulting in Escambia County abating all violations. The abatement cost was $7,500.

February 2017, Mrs. Vega made a request for lien relief. Due to Board Policy, she was denied because she and her husband were the owners/violators at the time of the Special Magistrate Order.

Received an email from Preston Murphy, Realtor for owners, requesting the Board accept a settlement in the amount of $6,200 once the property is sold (see attachment). The total hard cost for this lien is $8,600 ($1,100 court cost and $7,500 abatement cost).

BUDGETARY IMPACT:

Fines $7,750.00 ($50.00 per day 6/10/14 - 11/12/14)
Court Cost $1,100.00
Abatement Cost $7,500.00

Total $16.350.00

This amount does not include the Clerk's recording fees or interest.

LEGAL CONSIDERATIONS/SIGN-OFF:

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

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
217 Rue Max Street