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Written Communication 9. B.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
April 23, 2014, email communication from Anthony Johnson, Wells Fargo Home Mortgage, requesting the Board forgive a Code Enforcement Lien attached to property located at 10861 Berryhill Road.
Recommendation: That the Board review and consider lien relief request made by Anthony Johnson against property located at 10861 Berryhill Road.
On June 18, 2009, 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, in accordance with the Board’s policy.
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 deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.
Anthony Johnson has no other recourse but to appeal before the Board under Written Communication. |
| BACKGROUND: |
June 22, 2010 The Office of Environmental Enforcement received a complaint for overgrowth, trash, debris, inoperable vehicle and deteriorated structure. Officer investigated the complaint and posted a notice of violation. Notice of violation was mailed both regular and certified mail to the owner. Certified mail returned marked unclaimed.
August 27, 2010 A reinspection was conducted and violations remained. A title search was requested.
Follow up inspections were conducted on 9/17/10 and 10/15/10 with no improvements.
November 5, 2010 Officer located new address for owner and mailed second notice of violation. Certified notice was returned marked "Not deliverable as addressed".
January 27, 2011 No progress made. Officer mailed notice of violation to Wells Fargo which was received on 3/18/11.
April 8, 2011 Due to no improvements on property officer requested court date.
May 17, 2011 A notice of hearing was mailed to owner and Wells Fargo, both regular and certified mail. Owner's hearing notice was returned marked "Unable to forward" and Wells Fargo received their hearing notice.
June 7, 2011 Hearing held . Court cost of $1,100.00 was award and a $25.00 per day fine issued. Owner had until 07/08/11 to abate violations.
June 10, 2011 A copy of the order was mailed to the owner and bank both regular and certified mail.
July 8, 2011 Violations remained and a Letter of Non-compliance was mailed to the owner.
October 25, 2013 Violations were abated by Wells Fargo.
January 21, 2014 Special Magistrate reduced the fines from $21,000.00 to $2,925.00.
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| BUDGETARY IMPACT: |
The itemized costs shown in the Code Enforcement Lien:
Cost
A. Administrative Cost: $1,100.00
B. Daily Fines: $2,925.00
C. Abatement Cost: $0
TOTAL $4,025.00 |
| 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 |
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