Agenda

Back to Calendar Return

Written Communication 9. A.

BCC Regular Meeting

Meeting Date:	07/07/2016
Issue: Environmental (Code) Enforcement Lien Relief- 3319 Old Fairfield Drive and 1207 W Yonge Street
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

May 23, 2016, Communication from Stephen M. Guttmann, Attorney for the Estate of George Dees, requesting that Escambia County provide relief of Code Enforcement Lien attached to both properties located at 3319 Old Fairfield Drive and 1207 West Yonge Street.

Recommendation: That the Board review and consider Lien relief request made by Stephen M. Guttmann, Attorney for the Estate of George Dees, against properties located at 3319 Old Fairfield Drive and 1207 West Yonge 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 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 fall within 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, H 2.

County Administrator, Jack Brown, sent Mr. Guttmann a denial letter because the Estate of George Dees is the owner/violator. Mr. Guttmann is now requesting relief from the Board.

BACKGROUND:

The Office of Environmental Enforcement has two liens attached to the properties located at 3319 Old Fairfield Drive and 1207 W Yonge Street. See attached bullets for summary of each case.

In 2010 the owners/heirs requested from the Board relief of the Environmental (Code) Enforcement Liens. Request was denied and Interim County Administrator, Larry Newsom signed and mailed a denial letter to Johnny L. Dees.

Mr. Stephen Guttman has been appointed curator of the estate of George Dees, Jr and has made the request for lien relief. Board policy states relief can be denied to the owner or heirs of the properties. County Administrator, Jack Brown sent Mr. Guttmann a denial letter on May 15, 2016. After receiving the denial letter Mr. Guttmann is still requesting lien relief.

NOTE: The Office of Environmental Enforcement has an open case on property located at 1207 W Yonge Street for overgrowth, trash and debris.

BUDGETARY IMPACT:

3319 Old Fairfield Drive lien:

Court Cost: $1,100.00
Fines: $190.00
Abatement Cost: $1,888.00

Total: $3,178.00

1207 West Yonge Street lien:

Court Cost: $1,100.00
Fines: $3,375.00
Abatement Cost: $1,450.00

Total: $5,925.00

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
Estate of George Dees