Agenda

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Written Communication 8.

BCC Regular Meeting

Meeting Date:	04/09/2015
Issue: Environmental (Code) Enforcement Lien Relief – 5700 Flaxman Street
From:	Michael Tidwell
Department:	Corrections
CAO Approval:

RECOMMENDATION:

February 18, 2015, e-mail communication from Lewis Ivers requesting that the Board provide relief of Code Enforcement Lien attached to property located at 5700 Flaxman Street.

Recommendation: That the Board review and consider lien relief request made by Lewis Ivers against property located at 5700 Flaxman Street.

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 request for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met 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 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.

Lewis Ivers has no other recourse but to appeal before the Board under Written Communication.

BACKGROUND:

CE120401261

April 16, 2012 The Office of Environmental Enforcement received a complaint for overgrowth,
trash, debris, deteriorated mobile homes and no residential water service. Officer investigated the
complaint and mailed notice of violation to owner. Notice was returned marked “Unclaimed”.

June 27, 2012 A follow up inspection was conducted. Officer saw no improvements to the
property. Due to the owner disconnecting water service to the mobile home park an emergency
hearing was scheduled.

July 19, 2012 Hearing notice was mailed to owner

August 7, 2012 Hearing held and owner was found to be in violation. Court cost was awarded to
Escambia County in the amount of $1,100.00. The owner has until 09/21/12 to abate violations or
a daily fine in the amount of $50.00 will be assessed.

September 22, 2012 Follow up inspection conducted by owner and violations remain.

Owner abated all violations on March 18, 2013

CE121004545

October 31, 2012 Received another complaint for deteriorated mobile homes and no water service. Repeat violator. Posted 24 hour Notice of Violation on site and mailed notice to owner both regular and certified mail.

Due to owner having water service disconnected again a second emergency hearing was scheduled. Notice of hearing mailed to owner.

November 6, 2012 Hearing was held and owner was found to be in violation. Court cost in the amount of $1,100.00 was awarded to Escambia County. The owner has until 11/13/12 to abate violations or a daily fine in the amount of $150.00 will be assessed.

Follow up inspection was conducted and violations remain.

March 18, 2013 Reinspection conducted and violations have been abated.

BUDGETARY IMPACT:

CE120401261 (1st lien)

Court Cost: $1,100.00
Fines: $8,850.00

Total: $9,950.00

CE121004545 (2nd lien)

Court Cost: $1,100.00
Fines: $18,600.00
Abatement: $8,000.00

Total: $27,700.00

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
5700 Flaxman Street