Agenda

Back to Calendar Return

Written Communication 8. A.

BCC Regular Meeting

Meeting Date:	05/21/2015
Issue: Environmental (Code) Enforcement Lien Relief – 7745 Fitch Avenue
From:	Michael Tidwell
Department:	Corrections
CAO Approval:

RECOMMENDATION:

March 20, 2015- Communication from Sue King, Wells Fargo requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 7745 Fitch Avenue.

Recommendation: That the Board review and consider lien relief request made by Sue King, Wells Fargo, against property located at 7745 Fitch 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 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.

Wells Fargo appealed their lien before the Special Magistrate Robert Beasley. Special Magistrate Beasley denied their request stating the bank had the property in their possession to have abated the violations in a timely manner.

Wells Fargo is now asking the Board for relief.

BACKGROUND:

The Office of Environmental Enforcement received a complaint for overgrowth, trash, debris and dilapidated structure. Notice of Violation was hand delivered to Charles Poythress. A certified Notice of Violation was also mailed to owner and returned.

August 9, 2012 A Notice of Violation was mailed to People’s First Bank. House is in foreclosure. People’s First contacted officer and informed her that they were not the bank filing the foreclosure to contact Wells Fargo. Notice of violation was mailed to Wells Fargo and received.

Follow up inspection revealed overgrowth has been cut and some trash removed. Other violations remain.

December 14, 2012 a second notice of violation was mailed to Wells Fargo and received.

A follow up inspection was conducted on February 12, 2013 and violations remained. Case was referred for special magistrate.

Hearing Notice mailed to owners both regular and certified mail. Notices were returned.

April 2, 2013 Hearing held. Court cost in the amount of $1,100.00 awarded to Escambia County. A $10.00 per day per violation was issued with a deadline of May 2, 2013 to abate all violations.

May 3, 2013 Owner failed to comply with order. A letter of non-compliance was mailed to both owner and bank.

November 5, 2014 Pre-bid revealed violations remained.

February 26, 2015 Violations were abated by the bank.

BUDGETARY IMPACT:

Court Cost: $1,100.00
Fines: $33,150.00

Total: $34,250.00

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

LEGAL CONSIDERATIONS/SIGN-OFF:

If approved by the County Administrator, the County Attorney’s Office will prepare the release.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
7745 Fitch Avenue