Agenda

Back to Calendar Return

Written Communication 7.

BCC Regular Meeting

Meeting Date:	09/16/2013
Issue: Environmental Enforcement Lien Forgiveness Request 5263 Cartier Drive
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

August 26, 2013 - Communication from Frank C. Bozeman, III, Quintairos, Prieto, Wood & Boyer, P.A., representing Synovus Bank, requesting that the Board release two Code Enforcement Liens attached to property located at 5263 Cartier Drive.

Recommendation: That the Board review and consider the lien relief request made by Frank C. Bozeman, III, attached against property located at 5263 Cartier Drive.

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 following request for forgiveness of Liens, staff made the determination that the request DOES fall within 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.

Attorney Bozeman was made aware this property has an active and open special magistrate order against it.

BACKGROUND:

CE090402211 (Lien 1)

April 15, 2009 The Office of Environmental Enforcement received complaint for overgrowth. Officer investigated complaint and observed overgrowth. Notice of Violation was posted at property and mailed to owner both regular and certified mail. Notice sent regular mail returned marked "Attempted not known". Certified notice was received by owner.

May 07, 2009 and May 21, 2009 Officer reinspected the property and observed violations remained.

September 4, 2009 A pre-bid inspection was conducted and violations remain.

On October 30, 2009 Escambia County abated violations in the amount of $443.50.

CE120500379 (Lien 2)

May 31, 2012 The Office of Environmental Enforcement received call for overgrowth, nuisance condition and unsafe structure. Officer investigated the complaint and observed violations. Notice of Violation was mailed to the owner both regular and certified mail as well as posted property with copy of notice. Notice sent regular mail returned marked "Attempted not known". Certified notice was received by owner.

June 21, 2012 Re-inspection was conducted and officer observed violations remained.

Officer reinspected property again and violations remained. Officer requested Special Magistrate hearing.

Notice of hearing sent to owner both regular and certified mail. Notice sent regular mail returned.

October 16, 2012 Hearing held. County was awarded court cost in the amount of $1,100.00. Daily fine of $200.00 per day awarded with a deadline of November 15, 2012 to comply.

Copy of owner mailed to owner.

November 14, 2012 Officer conducted his follow up and violation remained.

November 15, 2012 Non-compliance letter mailed to owner both regular and certified mail.

THIS CASE HAS AN OPEN AND ACTIVE SPECIAL MAGISTRATE ORDER.

BUDGETARY IMPACT:

The itemized costs shown in the code enforcement lien: (Lien 1)

Cost

A. Administrative Cost: $18.50
B. Abatement Cost: 425.00

TOTAL $443.50

The itemized costs shown in the code enforcement lien: (Lien 2)

Cost

A. Administrative Cost: $1,100.00
B. Daily fines (11/15/12 - on going $200.00 per day) ?

TOTAL ?

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
5263 Cartier Drive
5263 Cartier Drive
5263 Cartier Drive