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Written Communication 9.

BCC Regular Meeting

Meeting Date:	08/03/2017
Issue: Environmental (Code) Enforcement Lien Relief- 3103 North R Street
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

July 6, 2017, communication from James C. Scott, Sr., requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 3103 North "R" Street.

Recommendation: That the Board review and consider Lien relief request made by James C. Scott, Sr., against property located at 3103 North "R" Street.

On August 21, 2014, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2. 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 DID fall within the criteria that would allow the County Administrator to act on the Board's behalf and deny relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

Ms. Scott appeared before the Special Magistrate Robert Beasley. Special Magistrate Beasley denied his request stating the owner had more than adequate time to abate violations and failed to do so.

Mr. Scott then made his request to the County Administrator. Per Board Policy Mr. Scott was denied relief. A denial letter was sent to Mr. Scott on June 7, 2017.

Letter was received by the Office of Environmental Enforcement from Mr. Scott on July 12, 2017, requesting to appear before the Board to make his appeal for Lien relief.

BACKGROUND:

The Office of Environmental Enforcement received a complaint for dilapidated structure, overgrowth, trash and debris. Owners were notice and failed to comply. Due to failure to abate violations property was scheduled for court and a court order was issued on May 23, 2011. Owners failed to abate violations which resulted in Escambia County Environmental Enforcement abating the violations and placing lien on the property.

Mr. Scott did appeal the Certification of Cost before the Special Magistrate, which was denied. He then made his appeal to the County Administrator. Per Board Policy a denial letter was sent to Mr. Scott. Mr. Scott was/is the owner/violator.

BUDGETARY IMPACT:

Court Cost: $450.00
Abatement Cost: $9,400.00
Fines ($50.00 per day 8/23/11-1/24/17) $99,050.00

Total: $108,900.00

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
3103 North R Street