LEGISLATIVE ACTION ITEM
SPONSOR: Grover C. Robinson, IV, Mayor
SUBJECT:
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CODE ENFORCEMENT AUTHORITY SPECIAL MAGISTRATE REQUEST FOR LIEN RESCIND - CASE # 18-243
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RECOMMENDATION:
recommendation
That City Council approve the recommendation from the Code Enforcement Authority Special Magistrate to rescind code enforcement fines recorded against the property located at 880 Tanglewood Drive and authorize the Mayor to execute the appropriate documents.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
On June 7, 2018, the property owned by Jeffrey D. McCain located at 880 Tanglewood was cited by Code Enforcement for violating five different care of premises ordinances.
The ordinance violations were as follows:
• Inoperable vehicles stored on the property-302.8 of the International Property Maintenance Code (IPMC)
• Outside storage of miscellaneous items-14-3-3 Nuisance Code
• Excessive overgrowth-4-3-18 city code
• Accumulation of rubbish/garbage-308.1 IPMC
• Swimming Pool not being maintained-303.1 IPMC
The property owner at the time failed to take corrective action after being issued a notice of violation. Due to the lack of compliance, the Code Enforcement Authority Special Magistrate imposed a $50 per day fine against the property beginning on September 4, 2018. The owner did not make any efforts to correct the violations.
After numerous complaints from neighbors, the Code Enforcement Authority Special Magistrate increased the fine to $75 per day on January 21, 2020. The daily fine accumulated for a total of 597 days resulting in a total fine amount of $34,237.
On April 22, 2020, DMB Property LLC purchased the property, and the fine was stopped due to the change of ownership. The new owners immediately began working to bring the property into compliance. After significant financial expenditures, the property has been completely renovated and is now in compliance with all city codes.
The Code Enforcement Authority Special Magistrate supports rescinding the accumulated fines, however, City Council action is required because the amount being reconsidered exceeds the Special Magistrate’s authority.
PRIOR ACTION:
February 1, 2022 - Code Enforcement Authority held a hearing to reconsider the fine amounts. The Code Enforcement Authority Special Magistrate entered a motion to recommend the City Council rescind the accumulated fines and release the recorded lien. Code enforcement staff fully supports the recommendation.
FUNDING:
N/A
FINANCIAL IMPACT:
Code enforcement violations are recorded in the City’s Sanitation Fund. By rescinding the code enforcement fines associated with 880 Tanglewood Drive, $34,237 in code enforcement revenues will not be recognized by the City.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
2/3/2022
STAFF CONTACT:
Kerrith Fiddler, City Administrator
Amy Miller, Deputy City Administrator - Administration & Enterprise
Fred Crenshaw, Interim Director - Sanitation Services & Fleet Management
Steve Richards, Code Enforcement Administrator
ATTACHMENTS:
None
PRESENTATION: No end