Item P03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18, 2006
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Bob Shillinger/Pedro Mercado
AGENDA ITEM WORDING:
Request to release code enforcement lien against property owned by Ray Agostinelli.
ITEM BACKGROUND:
Mr. Agostinelli was cited in 2000 for having an unpermitted downstairs apartment. Though County
records show that Mr. Agostinelli received notice of the code enforcement proceeding via posting, he
claims he did not receive actual notice. He contends that he would have raised the defenses of
limitations, laches, and equitable estoppel had he appeared at the hearing before the Special Magistrate.
Since he did not appear to contest the violations, fines were imposed. Those fines now exceed
$350,000.00 and continue to run.
Staff is in the process of re-evaluating the file and Mr. Agostinelli's assertions. Due to time constraints
brought on due to the agenda deadline and Mr. Agostinelli's desire to refinance the mortgage on the
property, this item is being placed on the agenda as a place holder. Staff intends to have completed its
review by the October 18th meeting and will make a recommendation at that time.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: To be made on October 18, 2006.
TOTAL COST:n/a
BUDGETED: Yes
No
n/a
COST TO COUNTY:
n/a
SOURCE OF FUNDS:
n/a
REVENUE PRODUCING: Yes
No~
AMOUNT PER MONm n/a
Year n/a
APPROVED BY: County Atty -=- OMB/Pur~ Risk Manag.. ement _
DIVISION DIRECTOR APPROVAL: ddJ; . f\~
-Su A. HUTTO , CO ATTORNEY
DOCUMENTATION:
Included xx
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06