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  Written Communication     8.    
BCC Regular Meeting   
Meeting Date: 01/22/2015  
Issue:    Environmental (Code) Enforcement Lien Relief – 837 Lucerne Avenue
From: Amy Lovoy
Department: Corrections  
CAO Approval:

RECOMMENDATION:
November 3, 2014, communication from Marco M. Safakhoo requesting that the Board provide relief of Code Enforcement Liens against property located at 837 Lucerne Avenue.

Recommendation:  That the Board review and consider Lien relief request made by Marco M. Safakhoo against property located at 837 Lucerne Avenue.

On August 21, 2014, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H 2.  Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the requests meet the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.

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 act on the Board's behalf and to grant or deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.
BACKGROUND:
CE110501980 (1st Lien)

The Office of Environmental Enforcement received a complaint for trash, overgrowth and nuisance conditions. Officer investigated the complaint and observed trash, debris and overgrowth. A Notice of Violation was mailed to the owner both regular and certified mail. Certified letter returned marked “Not deliverable as addressed- Unable to forward”.

Reinspection of property was conducted on May 16, 2011 and violations remained. Property was referred to summary abatement.

Bank filed foreclosure. Officer mailed a Notice of Violation to bank which was received.

September 21, 2011 Abatement Officer Reber conducted her pre-bid inspection and observed violations remained. Escambia County abated all violations.


CE120401178 (2nd Lien)

The Office of Environmental Enforcement received a complaint for trash, debris, overgrowth and nuisance conditions. Officer investigated the complaint and observed violations. Notice of Violation was mailed to the owners via regular and certified mail. Letter was returned marked “Not deliverable as addressed- Unable to forward".

May 4, 2012 Officer conducted reinspection and observed all violations remained. A citation was mailed to the owner.

Second reinspection conducted and officer observed all violations remain. Requested title search.

July 23, 2012 Officer observed no improvements and case was referred for court.

September 13, 2012 Notice of Hearing was mailed both regular and certified mail to the owner. Hearing Notice returned marked “Unable to deliverable”. Copy of Hearing Notice was posted on property.

Hearing held. Court cost of $1,100.00 was awarded to Escambia County. Owner was given until 11/01/12 to abate all violations and a fine in the amount of $10.00 per day was awarded.

May 27, 2013 Owners abated all violations.


CE131204389 (3rd lien which is attached to the owner’s taxes)

The Office of Environmental Enforcement received a complaint for overgrowth, trash and debris. Officer investigated complaint and observed the violations. A Notice of Violation was mailed both regular and certified mail. Notice was returned marked “Unclaimed”.

A follow up inspection was conducted and violations remained. Officer referred case to summary abatement.

Escambia County abated all violations in the amount of $400.00. This abatement cost will be added to the owner’s taxes not placed as a lien on the property.





BUDGETARY IMPACT:
CE1101501980 (1st Lien)

Lien amount Cost

Abatement Cost $450.00
Administrative Cost $250.00


TOTAL $700.00

CE120401178 (2nd Lien)

Lien amount Cost

Court Cost $1,100.00
Fines $2,060.00

TOTAL $3,160.00

CE131204389 (3rd Lien)(attached to Tax Bill)

Lien amount Cost

Abatement Cost $400.00

TOTAL $400.00





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:
Upon execution, the release will be sent to the Escambia County Clerks of the Court for recording.

Attachments
837 Lucerne Avenue

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