Public Hearings 5.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 02/26/2013
- Title:
- Docket H-13-01 (Glenn)
- Submitted By:
- Keith Dennis, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Chris Saylor
TITLE
of PRESENTER:
of PRESENTER:
Zoning Enforcement Officer
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Docket H-13-01 (Glenn)
Information
Agenda Item Text:
Adopt Resolution 13-04 to approve Docket H-13-01, a request to place a lien on Parcel 106-39-151, located at 504 E. Yuma Street in Huachuca City, to recover the costs of abating a Public Nuisance, in the amount of $16,905.
Background:
MEMORANDUM
TO: Cochise County Board of Supervisors
Through: Michael J. Ortega, County Administrator
FROM: Chris Saylor, Zoning Enforcement Officer
For: Beverly Wilson, Deputy Director Planning Division
SUBJECT: Docket No. H-13-01, Hazard No. VH 06-0008 (Glenn)
DATE: February 26, 2013 Meeting
I. NATURE OF REQUEST
This request is to assess a lien on parcel 106-39-151, per Section 404 of the Hazard Abatement Ordinance as adopted by the Board of Supervisors on September 8, 1987 (per Resolution No. 87-91). Staff requests the Board of Supervisors place a lien in the amount of $16,905.00 against this Parcel, in order to recover costs incurred by Cochise County from abating a Hazard on the property.
The Violation Hazard (VH 06-0008), is associated with Parcel 106-39-151, located at 504 E. Yuma Street, in Huachuca City (See Attachment 1). The owners of record for the property are Russell M. and Denise E. Glenn (Attachment 2). The property is located in an MH-72, Multiple-Household Residential Zoning District, in a Growth Category B (Community Growth) Area (Attachment 3).
The Hazard Abatement Ordinance was amended in 2011 (Ordinance 041-11). The amended Ordinance allows staff to administratively assess liens to recover abatement costs. However, staff enforced the abatement of the Hazard under the prior Ordinance adopted in 1987, which required Board of Supervisors approval to place a lien to recover assessed Hazard Abatement costs.
II. BACKGROUND
This docket originated with a complaint of outdoor storage, on April 25th, 2006. Staff opened a Violation file, and inspected the property on May 3, 2006 where the Inspector found a deteriorating mobile home that was open and accessible. The inspection also revealed outdoor storage of one boat, assorted furniture, construction material, tires, metal, appliances and motorcycles; as well as weeds, trash and debris scattered about the property (Attachment 4). As a result of this inspection, Staff determined that a Public Nuisance (Hazard) existed on the property. Such determination triggers requirements under the Hazard Abatement Ordinance to compel a property owner to remediate and removal of rubbish, trash, filth, weeds, debris or dilapidated and dangerous buildings (Section 401 of the 1987 Hazard Abatement Ordinance). With this determination, the Violation was closed, and a Hazard file was opened (VH-06-0008). A Certified Letter was mailed to the Owners of the property on May 8th, 2006 (Attachment 5).
On May 9, 2006, “Southwest Hazard Abatement Company” inspected the property, and provided staff with an estimate of $16,905.00; the costs to remove all flammable debris, demolish the mobile home, and dispose of all the debris in the proper manner.
On June 28th, 2006, Brandon Lancaster (son) of property owners Russell M. & Denise E. Glenn, contacted the current Zoning Enforcement Department. Brandon Lancaster and the Enforcement Department agreed upon a work plan to clean up the property. Two months passed with no progress on abating the Hazard. The Department attempted to contact Brandon Lancaster, and the property owners, but the phone number given by Mr. Lancaster had been disconnected.
On February 26th, 2007 Hazard Abatement Contractor “Southwest Hazard” was contracted to abate the property for the estimated amount of ($16,905.00).
On April 11, 2007 the property was inspected, and it was noted that the Hazard had been corrected.
Section 807 of the Hazard Abatement Ordinance provides for the County to levy an assessment (or lien), against the Real Property on which a Hazard has been abated, in order to recover costs associated with such abatement. If the Board approves the request, a lien will be placed against Parcel 106-39-151for the cost of the abatement.
III. RECOMMENDATION
Staff recommends the Board grant staff’s request to place a lien against Parcel 106-39-151, in the amount of $16,905.00, to recover costs associated
Sample Motion: Mr. Chairman, I move to place a lien on Parcel 106-39-151, located at 504 E. Yuma Street in Huachuca City, to recover the costs of abating a Public Nuisance, in the amount of $16,905.00.
IV. ATTACHMENTS
Attachment 1: Assessor’s Map
Attachment 2: Assessor’s Record of Ownership
Attachment 3: Article 10, Zoning Regulations
Attachment 4: Inspection with photos
Attachment 5: Certified Hazard Letter
TO: Cochise County Board of Supervisors
Through: Michael J. Ortega, County Administrator
FROM: Chris Saylor, Zoning Enforcement Officer
For: Beverly Wilson, Deputy Director Planning Division
SUBJECT: Docket No. H-13-01, Hazard No. VH 06-0008 (Glenn)
DATE: February 26, 2013 Meeting
I. NATURE OF REQUEST
This request is to assess a lien on parcel 106-39-151, per Section 404 of the Hazard Abatement Ordinance as adopted by the Board of Supervisors on September 8, 1987 (per Resolution No. 87-91). Staff requests the Board of Supervisors place a lien in the amount of $16,905.00 against this Parcel, in order to recover costs incurred by Cochise County from abating a Hazard on the property.
The Violation Hazard (VH 06-0008), is associated with Parcel 106-39-151, located at 504 E. Yuma Street, in Huachuca City (See Attachment 1). The owners of record for the property are Russell M. and Denise E. Glenn (Attachment 2). The property is located in an MH-72, Multiple-Household Residential Zoning District, in a Growth Category B (Community Growth) Area (Attachment 3).
The Hazard Abatement Ordinance was amended in 2011 (Ordinance 041-11). The amended Ordinance allows staff to administratively assess liens to recover abatement costs. However, staff enforced the abatement of the Hazard under the prior Ordinance adopted in 1987, which required Board of Supervisors approval to place a lien to recover assessed Hazard Abatement costs.
II. BACKGROUND
This docket originated with a complaint of outdoor storage, on April 25th, 2006. Staff opened a Violation file, and inspected the property on May 3, 2006 where the Inspector found a deteriorating mobile home that was open and accessible. The inspection also revealed outdoor storage of one boat, assorted furniture, construction material, tires, metal, appliances and motorcycles; as well as weeds, trash and debris scattered about the property (Attachment 4). As a result of this inspection, Staff determined that a Public Nuisance (Hazard) existed on the property. Such determination triggers requirements under the Hazard Abatement Ordinance to compel a property owner to remediate and removal of rubbish, trash, filth, weeds, debris or dilapidated and dangerous buildings (Section 401 of the 1987 Hazard Abatement Ordinance). With this determination, the Violation was closed, and a Hazard file was opened (VH-06-0008). A Certified Letter was mailed to the Owners of the property on May 8th, 2006 (Attachment 5).
On May 9, 2006, “Southwest Hazard Abatement Company” inspected the property, and provided staff with an estimate of $16,905.00; the costs to remove all flammable debris, demolish the mobile home, and dispose of all the debris in the proper manner.
On June 28th, 2006, Brandon Lancaster (son) of property owners Russell M. & Denise E. Glenn, contacted the current Zoning Enforcement Department. Brandon Lancaster and the Enforcement Department agreed upon a work plan to clean up the property. Two months passed with no progress on abating the Hazard. The Department attempted to contact Brandon Lancaster, and the property owners, but the phone number given by Mr. Lancaster had been disconnected.
On February 26th, 2007 Hazard Abatement Contractor “Southwest Hazard” was contracted to abate the property for the estimated amount of ($16,905.00).
On April 11, 2007 the property was inspected, and it was noted that the Hazard had been corrected.
Section 807 of the Hazard Abatement Ordinance provides for the County to levy an assessment (or lien), against the Real Property on which a Hazard has been abated, in order to recover costs associated with such abatement. If the Board approves the request, a lien will be placed against Parcel 106-39-151for the cost of the abatement.
III. RECOMMENDATION
Staff recommends the Board grant staff’s request to place a lien against Parcel 106-39-151, in the amount of $16,905.00, to recover costs associated
Sample Motion: Mr. Chairman, I move to place a lien on Parcel 106-39-151, located at 504 E. Yuma Street in Huachuca City, to recover the costs of abating a Public Nuisance, in the amount of $16,905.00.
IV. ATTACHMENTS
Attachment 1: Assessor’s Map
Attachment 2: Assessor’s Record of Ownership
Attachment 3: Article 10, Zoning Regulations
Attachment 4: Inspection with photos
Attachment 5: Certified Hazard Letter
Department's Next Steps (if approved):
If the Board approves the Docket, the next step would be for the Chair to sign the Resolution placing the lien.
Impact of NOT Approving/Alternatives:
If the Board does not approve this Docket, the County will only be able to recover the costs of abatement of this property through a court order.
To BOS Staff: Document Disposition/Follow-Up:
If the Board approves the Docket and the Chair signs the Resolution, please return a recorded copy of the same to Chris Saylor.
Fiscal Impact
- Fiscal Year:
- 0
- One-time Fixed Costs? ($$$):
- 0
- Ongoing Costs? ($$$):
- 0
- County Match Required? ($$$):
- 0
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- 0
- Source of Funding?:
- 0
Fiscal Impact & Funding Sources (if known):
Abatement of the hazard on this property cost the County $16,905. The requested lien would ensure that the County recovers that cost.