Agenda

Back to Calendar Return

Written Communication 7. A.

BCC Regular Meeting

Meeting Date:	07/10/2014
Issue: Environmental (Code) Enforcement Lien Relief – 4253 Erress Blvd
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

May 5, 2014, email communication from Joanna Cope requesting the Board forgive the fines relative to a Code Enforcement Lien attached to property located at 4253 Erress Boulevard.

Recommendation: That the Board review and consider lien relief request made by Joanna Cope against property located at 4253 Erress Boulevard.

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.

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

BACKGROUND:

October 16, 2012 The Office of Environmental Enforcement received a complaint for overgrowth, trash, debris and unsafe structure. Officer investigated the complaint and observed the above violations. A notice of violation was posted to the property and mailed both regular and certified mail. Notice was returned marked "Unclaimed".

The officer reinspected the property two additional times and observed no improvements to property. Title search was requested and hearing date was scheduled.

Hearing notice mailed to owner and received.

May 15, 2013 Hearing held. Court cost of $1,100.00 awarded to county, $50.00 per day fine assessed with a deadline of June 13, 2013 to abate violations. Copy of order mailed to owner and returned.

Follow up inspection conducted and officer observed all violations remained. Letter of Non-compliance mailed to owner.

June 6, 2013 Property was sold at Tax Auction. New owners Real Property Holdings Company LLC. Non-compliance letter was mailed to new owner.

December 4, 2013 Property was sold again. Mailed Non-compliance letter to new owner Joanna Cope. Ms. Cope brought the property into compliance on February 20, 2014.

Ms. Cope appealed the Certification of Cost before Special Magistrate Robert Beasley. He referred her to the Board stating he wasn't sure he had the authority to hear her appeal.

BUDGETARY IMPACT:

The itemized costs shown in the code enforcement lien:

Cost

A. Administrative Cost: $1,100.00
B. Daily Fines: $13,000.00
C. Abatement Cost: $0

TOTAL $14,100.00

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
4253 Erress Blvd