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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. 2