Item U5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD ON
Meeting Date:
April 17, 2002
Division: County Attorney
AGENDA ITEM WORDING:
A request for authorization to initiate legal action to force the removal of an encroachment
on the County's right-of-way on Card Sound Road or direction as to other action, in the
alternative.
ITEM BACKGROUND:
A house has been constructed over State-owned submerged lands that are adjacent to
the County's right-of-way on Card Sound Road, just south of the tollbooth. Parts of the
accessories to the house (e.g., the fence and deck) encroach on the County's right-of-
way. The fence restricts approximately seventy percent of the parking for a public boat
ramp at that location.
Code Enforcement action was unsuccessful due to the statute of limitations. However, a
civil action to remove the encroachments would not be barred by limitations, provided the
Board authorizes the initiation of that action.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~ ~Rf
J~ RICK
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
tt.~-
Memo
To: Jim Hendrick
From: Bob Shillinger
Date: April 4, 2002
Re: Jerry Cross, the "Card Sound Road squatter"
On March 28, 2002, the Code Enforcement Special Master heard the case
involving Jerry Cross, the person who has owns a cottage located on state
submerged lands. The "curtilage" of that property, including a fence, stairs, and
deck, is located on the County right-of-way on Card Sound Road.
Code Enforcement had charged him with building in the right-of-way
without obtaining a permit. The Special Master dismissed the case based on the
4 year statute of limitations period after Cross produced photographs from 1995
that show the property in the same condition as it existed when the notice of
violation was issued in the summer of 2001.
During the hearing, Mr. Cross testified about his acquisition of the cottage
and its improvement over the years. He also testified that he never had the
property surveyed. The only documentation of ownership he could produce was
a bill of sale for a cottage; he admitted that there was never any deed conveying
the real property.
If the SOCC is interested in instituting legal proceedings to clear the right
of way, a transcript of the March 28, 2002 proceeding would be highly beneficial.
Please advise if I should order the transcript and whether I should institute any
further legal proceedings against Mr. Cross.