Agenda Item 10AAGLNQA ITEM # 10A,
JULY 23, 2012
CITY OF ATLAN'T'IC BEACH
CITY COMMISSION MEETING
CITY ATTORNEY REPORT
AGENDA ITEM: Code Enforcement Board Liens
4tJBMITTED BV: Alan C. Jensen, City Attorney
BATE: July 12, 2012
BACKGROUND:
1. Three (3) Cade Enforcement Board liens have been referred to me for collection.
The properties involved and the amounts owed on said liens are as follows:
(a) 765 Sabalo Road: $30,150.00
(b) 740 Sailfish Drive: $29,575.32
(c) 331 Seminole Road: $25,160.09
2. None of these properties are owner occupied, according to information provided to
me by city staff. Letters were sent by my office to the three property owners on ,lure 6, 2012,
requesting that the city be contacted can or before June 15, 2012, to make arrangements for payment
of the tines, inspection of the properties, or whatever was necessary to correct the situation can each
of the properties. To date, no response has been received from any of the property owners.
3. The letter, sent to the respective property owners stated that if arrangements were
not made to bring their property into compliance, pay the outstanding fines, and otherwise meet all
requirements of the city, i would seek authority Erom the city to initiate a foreclosure action in count
to foreclose the city's lien on their property. Based upon the information provided that all three
properties are non -owner occupied, the city has the authority to initiate foreclosure actions pursuant
to Chapter 162, Florida Statutes. There will be casts involved of approximately $500.00 per case,
which includes title searches, fling fees and service of process fees. These costs could vary
depending upon any other liens or encumbrances that might exist on the properties, the owners of
which must be joined in any foreclosure action. The city is authorized to recover its casts in a
foreclosure action, as well as attorney's fees, again pursuant to Chapter 162, Florida Statutes.
Attorney's fees will be billed at my regular hourly rate charged to the city.
RECOMMENDATION: Authorize the city attorney to proceed with foreclosure of the CEB liens
on the aforesaid properties,
REVIEWED BY Cl "I;Y MANAGER: `
AGENDA ITEM # I GA
JUDY 23.24112
City of Atlantis: Beach
' 800 Seminole Road
r Atlantic Beach, Florida 32233
Telephone (904) 2:47 -5800
Fax (904) 247 -5805
' to www.coab.us
Memorandum
To: Jim Hanson, City Manager
Building Department
From, Michael Griffin, CBO, CFM, Building and Zoning Director
Pr 46,
Date: July 16, 2012
Rea: Code Enforcement Fines subject to collection of lien
This memorandum is to inform you of the status of three properties referenced in the memorandum
from Alan Jensen, dated July 12, 2012, related to the collection of Code Enforcement Board liens.
Pursuant to Chapter 152, Florida Statues the fines have been accumulating and the City
Commission may direct the City Attorney, following three months from filing such lien, which as
occurred, to collect the fine.
Below is a chronology associated to the subject Code Enforcement Board liens.
755 Sabalo Road:
• October 15, 2010 Violation Notice sent to property owner by Code Enforcement
Officer for being in violation of City Property Maintenance Code for weeds and
junk on property. Notice requested corrections be made.
• July 12, 2011 Code Enforcement Board ordered weeds and garbage on property to
be removed or a fine of $100 a day for each day the violation continued to exist be
imposed.
• July 16, 2012 property is still in violation and fine is still running against the
property.
740 Sailfish Drive:
June 14, 2011 property was posted with Notice by Code Enforcement Officer for
being in violation of City Property Maintenance Cade for trash, debris and
deteriorated structure. Notice requested corrections be made.
July 12, 2011 Cade Enforcement Board ordered property owner to remove trash and
debris and paint and maintain the existing building on or before August 12, 2011 or
a fine of $100 a day for each day the violation continued to exist be imposed.
July 16, 2012 property is still in violation and fine is still running against the
property.
AGENDA ITEM # 1 O
JULY 23, 2012
Code Enforcement Lien CC Ju1y2012.doc
331 Seminole Road
• October 27, 2010 Violation Notice was sent to property owner by Code
Enforcement Officer for being in violation of City Property Maintenance Code for
trash and debris on property. Notice requested correction.
• July 12, 2011 Code Enforcement Board ordered property owner to remove junk and
trash from exterior of property on or before August 12, 2011 or a fine of $100 a day
for each day the violation continued to exist be imposed.
• Property was brought into compliance on March 13, 2012 and remains in
compliance.
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