Agenda

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Written Communication 7.

BCC Regular Meeting

Meeting Date:	05/16/2019
Issue: Environmental (Code) Enforcement Lien Relief- 2501 E Olive Road and Attached to 6011 Hilltop Road
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

April 12, 2019, communication from Joe M. Barham Jr., requesting Lien relief for property located at 6011 Hilltop Road.

Recommendation: That the Board review and consider the Lien relief request made by Joe M. Barham Jr., part owner of the properties, against 2501 E Olive Road and attached to 6011 Hilltop Road.

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 does not fall within the criteria that would allow the County Administrator to act on the Board's behalf and grant relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

The owner is requesting a partial release of lien for the property located at 6011 Hilltop Road from the lien generated at 2501 E Olive Road so they can sell the property.

BACKGROUND:

The property located at 2501 E Olive Road was noticed for code violations. Owner failed to comply with notice of violation and a court date was set. A hearing was held March 19, 2019, and the owners were found to be in violation of current codes. The owners were given until September 17, 2019, to abate all violations. If they fail to comply, a fine in the amount of $100.00 per day will be assessed.

Mr. Barham also is one of several owners of a property located at 6011 Hilltop Road which they are selling. They are requesting the property at 6011 Hilltop Road be released from the Special Magistrate Lien generated from 2501 E Olive Road.

The Special Magistrate Order is still an open order and the violations remain. Property is not in compliance.

BUDGETARY IMPACT:

Court Cost: $310.00
Fines: Pending

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

LEGAL CONSIDERATIONS/SIGN-OFF:

If approved by the Board, the County Attorney Office will prepare the release.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
6011 Hilltop Road