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Written Communication 7. A.

BCC Regular Meeting

Meeting Date:	06/26/2014
Issue: Environmental (Code) Enforcement Lien Relief – 9791 Hwy 97
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

May 16, 2014, communication from John Solomon requesting that the Board forgive the fines and penalties relative to a Code Enforcement Lien against property located at 9791 Highway 97.

Recommendation: That the Board review and consider lien relief request made by John Solomon against property located at 9791 Highway 97.

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 requests met the criteria for forgiveness, in accordance with the Board’s policy.

After reviewing the request for forgiveness of Lien, 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.

Mr. Solomon has no other option but to appear before the Board.

BACKGROUND:

August 9, 2010 Received a complaint for overgrowth, trash, debris and dilapidated structure. Notice of violation was posted on property.

Notice of violation was mailed both regular and certified mail to the owners and was returned marked "Not deliverable as addressed".

Three follow up inspections were conducted with no improvements to property. A title seach was ordered and property was scheduled for special magistrate.

February 3, 2011 A Hearing Notice was mailed to owners and posted on property. Hearing Notice was returned marked "Not deliverable as addressed".

February 15, 2011 A follow up inspection was conducted with no improvements to the property.

On February 23, 2011 Case was continued by the special magistrate and continuance notice was mailed to owners.

Additional owner information obtained. Mailed a new notice to the new address. Notice was received but unable to read signature.

March 29, 2011 Hearing held. $1,100.00 court cost awarded to the county, $100.00 per day fine with a deadline of April 29, 2011 to abate violations.

Copies of orders mailed to owners and returned marked "Unclaimed".

July 8, 2011 County abated violations in the amount of $8,000.00

BUDGETARY IMPACT:

Lien amount Cost

Court Cost $1,100.00

Fines (4/29/11- 07/08/11) $7,000.00

Abatement Cost $8,000.00

TOTAL $16,100.00

This amount does not include the Clerk’s recording fees or interest.

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
9791 Hwy 97