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Written Communication 7.

BCC Regular Meeting

Meeting Date:	08/08/2013
Issue: Partial Release for Environmental (Code) Enforcement Lien 6 Rowland Court
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

July 2, 2013 - Email communication from Greg Rideout, Acura Title Company, requesting the Board approve a partial release of a Code Enforcement Lien attached to property located at 6 Rowland Court.

Recommendation: That the Board review and consider lien relief request made by Greg Rideout, Acura Title Company, against property located at 6 Rowland Court.

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:

November 30, 2009 the Office of Environmental Enforcement received a complaint on 4000 1/2 Kelly Avenue for overgrowth, trash, debris and dilapidated structure. Officer investigated complaint and found code violations. Officer posted property with notice of violation and requested letter be sent to owner.

Owner received notice of violation on December 7, 2009.

On December 10, 2009 Officer reinspected property and found no improvements. No permits were pulled. January 7, 2010 Officer conducted follow up inspected and observed no improvements. Title search was requested and reveals owner as Daniel A. Nuemann.

February 2, 2010 Officer made contact with owner and discussed violations and means of abatement. March 13, 2010 a follow up inspected was conducted and officer observed no changes. Officer requested special magistrate hearing.

Hearing notice was sent both regular and certified mail. Hearing notice returned marked "Unclaimed". On April 14, 2010 Officer made contact with realtor and discussed date and time of hearing.

April 27, 2010 Hearing held and owner found to be in violation. $1,100.00 court cost was awarded to the county. Deadline of May 5, 2010 was given with a $100.00 per day fine.

Copy of order sent to owner both regular and certified mail and was received by owner on May 3, 2010.

May 19, 2010 A follow up inspection was conducted and violations remained. Non-compliance letter was sent to the owner both regular and certified mail. Letter was received by the owner on June 10, 2010.

Property was put out for bids and abated my the county on February 8, 2011 in the amount of $2,997.00

BUDGETARY IMPACT:

The itemized costs shown in the code enforcement for lien:

Cost

A. Administrative Cost: $1,100.00
B. Daily Fines: $27,900.00
C. Abatement Cost: $2,997.00

TOTAL $31,997.00

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
6 Rowland Court