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Written Communication 8. B.

BCC Regular Meeting

Meeting Date:	07/25/2013
Issue: Environmental (Code) Enforcement Lien Relief – 1765 Old Chemstrand Road
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

June 27, 2013 - Communication from Anthony Sessa, Sessa Sells, LLC, requesting the Board forgive a Code Enforcement Lien attached to property located at 1765 Old Chemstrand Road.

Recommendation: That the Board review and consider lien relief request made by Anthony Sessa against property located at 1765 Old Chemstrand 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 request 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.

The owner has no other recourse but to appeal before the Board under Written Communication.

BACKGROUND:

April 18, 2011 The office of Environmental Enforcement received a complaint for overgrowth, trash, debris and deteriorated structure. The officer investigated the complaint and observed violations. Notice of violation was posted at property and sent both regular and certified mail. The officer also posted copy of notice at owner's residence.

Owner received certified notice on May 11, 2011. No progress made. Officer sent mortgage company a notice of violation via regular and certified mail.

Reinspection conducted on May 26, 2011 and observed no improvements.

Mortgage company received notice of violation on June 7, 2011.

No progress made to property. Officer requested case be scheduled for special magistrate.

On May 10, 2012 Hearing notices were sent to both owner and mortgage company. Hearing notice returned marked "unclaimed".

Hearing held on May 19, 2012. Escambia County was awarded court cost of $1,100.00, $30.00 per day fine with a deadline of 6/28/12.

Copy of order mailed to owner and mortgage company.

July 11, 2012 Final Notice Prior to Demolition was mailed to both parties both regular and certified mail. CU Members Mortgage signed for their letter.

Property was put out for bid on September 21, 2012.

December 28, 2012 Escambia County abated violations in the amount of $1,765.00

BUDGETARY IMPACT:

The itemized costs shown in the code enforcement for lien:

Cost

A. Administrative Cost: $1,100.00
B. Daily Fines: $5,460.00
C. Abatement Cost: $1,765.00

TOTAL $8,325.00

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

Attachments
1765 Old Chemstrand Road