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County Attorney's Report 12. 1.

BCC Regular Meeting

Information

Meeting Date:	08/06/2020
Issue: Recommendation Concerning Brad Crain v. Escambia County, Office of Environmental Enforcement
From:	MATTHEW SHAUD
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Brad Crain v. Escambia County, Office of Environmental Enforcement, First District Court of Appeal Case No. 1D19-2494.

That the Board be made aware that the Petition for Writ of Certiorari filed by Mr. Brad Crain in the First District Court of Appeal, State of Florida, has been denied.

BACKGROUND:

In or around May 2018, Mr. Brad Crain installed an unpermitted driveway at a second home he owns in Perdido Key. Code Enforcement issued a Notice of Violation on May 10, 2018, ordering Mr. Crain to cease and desist all activity until the requisite permits were acquired.

On August 14, 2018, Special Magistrate John B. Trawick ordered Mr. Crain to correct any violations by October 13, 2018. On September 13, 2018, Mr. Crain filed a Notice of Appeal in the Circuit Court for Escambia County. The Circuit Court affirmed the Special Magistrate's decision on June 13, 2019.

Mr. Crain then filed a Petition for Writ of Certiorari in the First District Court of Appeal, seeking review of the Circuit Court's ruling. On June 2, 2020, the District Court of Appeal denied Mr. Crain's petition and refused to review the case. All appellate options available to Mr. Crain have now expired.

The property remains noncompliant and continues accumulating fines of $20.00 per day.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Matthew R. Shaud has reviewed and approved this recommendation.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Brad Crain DCA Denial
Brad Crain DCA Mandate