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Written Communication 8. A.

BCC Regular Meeting

Meeting Date:	06/20/2019
Issue: Environmental (Code) Enforcement Lien Relief- 20 E Carver Drive
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

May 29, 2019, communication from Kristopher E. Fernandez, P.A., Attorney at Law requesting lien relief for Bay to Gulf (owners) for property located at 20 E. Carver Drive.

Recommendation: That the Board review and consider the Lien relief request made by Kristopher E. Fernandez, attorney for owners, against 20 E. Carver Drive.

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 Liens" Policy, Section III, H2.

BACKGROUND:

Property located at 20 E Carver Drive is encumbered by a Environmental (Code) Enforcement Special Magistrate Lien generated from property located at 3812 Frontera Drive and a Nuisance Abatement Lien generated from property located at 1710 Hollywood Street.

Bay to Gulf Holdings, LLC , purchased the property at a foreclosure sale which resulted from a mortgage foreclosure lawsuit filed by Forrest E Hamilton against Mark S. Scanlan and others. Bay to Gulf subsequently conveyed title to a related entity, Lower Alabama Holdings, LLC.

Kristopher E. Frenandez, P.A. is requesting all liens and citations (tickets filed as a judgment against Mark Scanlan) be released from the property located at 20 E Carver Drive. He maintains Escambia County lost their claim to the liens during the foreclosure process.

BUDGETARY IMPACT:

Lien CE10-08-04662
Fines (one time fine) $5,000.00
Court Cost $1,100.00
Abatement Fees $6,200.00

Total Lien $12,300.00

Lien CE11-09-04356
Abatement Cost $700.00 (total amount)

Citation (ticket and judgment)
2011 CO 026060 A
$100.00

Citation (ticket and judgment)
2012 CO 025879 A
$100.00

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
Lien Relief 20 E Carver Dr