Item O4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16,2005
Bulk Item: Yes No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Authority to initiate litigation and seek an injunction against Nancy
Brower.
ITEM BACKGROUND: This action stems from a code enforcement case against Ms. Brower and an
ongoing rat infestation. The initial complaint dates back to January of last year. The neighbor directly
adjacent and most immediately impacted by the infestation made a complaint to code enforcement.
Code enforcement inspected and issued a notice of violation for unsanitary conditions and for trash and
debris to Ms. Brower. The case was set for a hearing in March of 2003 and Ms. Brower was found in
violation of both ordinances. She was ordered to cleanup the material that the rats were feeding from
and to set bait traps. After several continuances the property was finally brought into compliance in
August. In November, a complaint was again lodged with code enforcement and upon inspection code
enforcement found that the situation had again deteriorated and the property was again infested with
rats. It is important to understand that the rats are attracted to a large "bird cage" that was added on to
the exterior of the trailer. Ms. Brower dumps large amounts of peanuts onto the floor of this cage to
which the rats are attracted. Since the November complaint, code enforcement has made 5 visits to the
property. Not once during the 5 visits did code enforcement see a bird in this cage. Notwithstanding the
lack of birds, there was an abundance of peanuts strewn throughout the floor of the cage. The code
enforcement inspector conducted 2 of the site visits during evening hours and videotaped the property
and the cage. Rats are clearly seen scampering across the roof of Ms. Browers trailer on their way to
the cage. The inspector captured on video a number of rats entering the cage looking for food, inside
the cage foraging, and exiting the cage with peanuts. No birds can be seen on either of the videotapes.
The cage was built without benefit of a permit however it has been in existence over 4 years. If code
enforcement action does not resolve the situation, the county would seek to enjoin the cage as a
nuisance and asked the court to order that it be demolished.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: BUDGETED: Yes
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty+--- OMBlPurchasing _ Risk Management _ -
DlVISIONDlREcrORAPPROVAL: q0-~ Q,lo,I.{
J. R. Collins
Not Required_
AGENDA ITEM #
No
DOCUMENTA nON:
DISPosmON:
Revised 2/05
Included