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Magistrate recommends reducing enforcement lien at 1229 First Avenue to $5,000 plus nonnegotiable costs
Summary
After reviewing liens and recent tax-deed surplus, a magistrate recommended City Council reduce the enforcement fines at 1229 First Avenue to $5,000; utility and stormwater liens and city hard costs totaling roughly $36,000 will remain nonnegotiable and may be offset by about $9,800 in tax-deed surplus.
A magistrate recommended that City Council reduce the enforcement fine portion of the lien at 1229 First Avenue to $5,000 while leaving certain nonnegotiable liens and city costs in place.
City staff told the hearing that the property had been sold via tax deed and that $9,833.82 remained in the tax-deed surplus account. Staff additionally reported $28,179.39 in utility-service liens and a $2,072.55 stormwater lien; those amounts are ineligible for reduction during the lien-reduction process. The city’s code-enforcement hard costs were listed at $5,874.87.
The magistrate noted the combined lien and costs created a total obligation in excess of $1.1 million when daily fines accrued historically; he said the size of the accrued fines compared to market value supported a substantial reduction. "I will recommend that city council reduce this lien to ... $5,000 based upon several factors ... including the accrued amount of the enforcement lien compared to the market value," Don Wynn said.
The magistrate directed that any tax-deed surplus (about $9,800) be applied to reduce amounts owed; final application and any payment deadlines depend on City Council action. The recommendation will be sent to City Council, and the applicant may appear at the council meeting to address the recommendation.
