Agenda

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Written Communication 8. A.

BCC Regular Meeting

Meeting Date:	12/08/2011
Issue: Environmental (Code) Enforcement Lien Relief – 3416 W Avery Street
From:	Gordon Pike
Department:	Corrections
CAO Approval:

RECOMMENDATION:

October 25, 2011- Communication from Rev. Jerry Hunter, Jr., requesting that the Board forgive the fines relative to a Code Enforcement Lien against property located at 3416 West Avery Street.

Recommendation: That the Board review and consider lien relief request made by Rev. Jerry Hunter against property located at 3416 W Avery Street.

On June 18, 2009, 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 met the criteria for forgiveness, in accordance with the Board’s policy.

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 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:

The Office of Environmental Enforcement received complaint for trash, overgrowth and dilapidated house on February 27, 2008.

Notice of violation sent to owner via regular and certified mail. Letter returned marked “Not deliverable as addressed- Unable to forward”.

On March 13, 2008 Officer obtained new address for owner. Sent another notice of violation via regular and certified mail. Letter returned marked “Attempted- not known and unable to forward”.

Officer received message from the Jones stating they were not the owners. Officer was later contact by Marty Mitchell saying he owns the property. When asked about S. Jones he stated that “When you own a lot of property you sometimes have to put them under made up names”. Officer gave Mr. Mitchell 30 days to pull demolition permit and demolish house.

April 24, 2008 Reinspection conducted. No progress and no permit pulled.

On April 30, 2008 A notice of violation sent to Marty Mitchell both regular and certified mail. Letter received and signed for by M. Mitchell on 05/08/08.

Notice of Hearing sent both regular and certified mail. Letter returned marked “Attempted not known” Posted property with copy of hearing notice.

Reinspection conducted on June 5, 2008, Officer found that violations remain.

Hearing held June 5, 2008. $1,100.00 court cost awarded. Owner has until 06/26/08
to have overgrowth, trash and debris removed and 06/30/08 to have all repairs completed or structures demolished. $50.00 per day fine issued against owner. Copy of order sent both regular and certified mail to owner.

Final Notice Prior to Demolition sent both regular and certified mail to Mr. Mitchell on January 5, 2009.

On March 24, 2009 Marty Mitchell quitclaimed property to Good Works Baptist Church Incorporated for $6,800.00.

Violations abated were abated by the new owner on December 20, 2010.

BUDGETARY IMPACT:

The itemized costs shown in the code enforcement for lien:

Lien Amount

Court Cost $1,100.00
Fines ($50.00 per day) $45,300.00

TOTAL $46,400.00

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
3416 W Avery Street