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Written Communication 7. D.

BCC Regular Meeting

Meeting Date:	07/18/2019
Issue: Environmental (Code) Enforcement Lien Relief- 300 Blk Western Pine Road
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

June 19, 2019, communication from Doug Westfall requesting Lien relief from property located at 300 Blk Western Pine Road.

Recommendation: That the Board review and consider the Lien relief request made by Doug Westfall, new owner of the property, against 300 Blk Western Pine Road.

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 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 Lien's, Section III, H2.

BACKGROUND:

Mr. Westfall purchased the property located at 300 Blk Western Pine Road from a Tax Deed sale on March 8, 2019. He then discovered an Environmental Code Enforcement lien attached to the property that was generated by the prior owner. After further research conducted by staff another lien was found to have been attached to the Western Pine property that was generated from property located at 9924 Aileron Avenue. The same owner of the Aileron property once owned the Western Pine Road property causing the lien to attach to all properties owned by the prior owner.

Mr. Westfall is requesting to be allowed to pay $1,500.00 to have both liens released from his property. However he was informed by Division Manager, Sandra Slay, that the total amout of the actual hardcost exceeded the amount he was offering to pay for the release and his request would need to be presented to the Board for review and consideration. At that time he made a request to be placed on the Board's agenda.

BUDGETARY IMPACT:

1st Lien CE170904084
300 Blk Western Pine Road

Daily Fines: $7,450.00 $50.00 per day from 7/04/2018 to 11/30/2018
Court Cost: $235.00
Abatement Cost: $3,500.00

Total Lien Amount: $11,185.00

2nd Lien CE120401423
9924 Aileron Avenue

Daily Fines: $34,875.00 $10.00 per day (x 3) 1/07/13 to 9/09/15 & $5.00 per day 8/10/12 to 9/09/15
Court Cost: $1,100.00
Abatement Cost: $15,000.00

Total Lien Amount: $50,975.00

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

LEGAL CONSIDERATIONS/SIGN-OFF:

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

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
300 Blk Western Pine Road, Cantonment