CEB Minutes 12-11-2008 - Laserfiche WebLink

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CITY OF CASSELBERRY CODE ENFORCEMENT BOARD MEETING DECEMBER 11,2008, page 7 CEO Rivera stated this property still belongs to Summerfield Homes. Ms. Nutcher stated but if it has a Lis Pendens there will likely be a foreclosure. Ketron Brown, Code Enforcement Supervisor stated tor the record, the Board is well aware from the time of filing Lis Pendens to actual foreclosure proceedings, have historically taken over a year. CES Brown stated he hopes it was not the Board's position to not abate properties for a year while we wait for things to go thm the foreclosure process. Ms. Nutcher stated sometimes it does take a while. You are still taking action on a property that we have been noticed that there is litigation pending. CES Brown stated regardless of the Notice the City stands for the safety and welfare of the community. Ms. Nutcher stated in the legal realm this is a hotly contested issue, and banks will get angry if we haven't copied them on the Notice of Violation and advise them that there is a risk that we will go in there and make changes. CES Brown stated as a matter of courtesy the City does notify the attorney of record on all the Lis Pendens that are encountered. Ms. Nutcher asked if they got a Notice. CEO Rivera stated it was a verbal Notice today. Ms. Nutcher asked if they were issued a Notice that the City might be abating. CES Brown stated the City can't give the Notice until we are given the authority to abate. Discussion. Ms. Nutcher stated it is her recommendation that if Code Enforcement is going to ask this Board to take abatement action on property that is in foreclosure that they out to notify the bank ahead of time. Discussion. Robert C. Flint made a motion to find Respondent in CEB Case # 08-02933 in violation of City Code, Section 70-2 (C), and such violation constitutes a serious threat to the public health, safety, and welfare, and that Respondent shall correct the violation before 1 :00 p m on 12/22/08. If Respondent fails to correct the violation by this date, a fme in the amount of $25.00 per day will be imposed for each and every day the violation continues beyond the date set for compliance. In addition, if there is no compliance by this date, the Board requests that the City take appropriate action, if feasible, to accomplish all reasonable repairs or provide all services necessary to bring the property into compliance and Respondent will be charged with the cost of such repairs and services in addition to the fme imposed. A subsequent hearing will be held before this board on 01108/2009 to determine compliance by the aforestated date. It is requested that a copy of this Order be provided to the Lis Pendens attorney/bank. Kathleen A. Hale seconded the motion. The motion passed unanimously.