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DeSoto commission pares penalty in demolition order to $500 per day
Summary
Commissioners debated a $1,000/day administrative penalty in the demolition order and agreed to limit penalties to an amount not to exceed $500 per day; staff had recommended omitting a penalty and relying on liens to recover costs.
Commissioners agreed during deliberations on May 21 to limit any administrative penalties in the demolition order for 301 East Wintergreen Road to "not to exceed $500 per day." The draft order initially included language allowing penalties up to $1,000 per day, but staff advised that cost recovery is typically handled by charging a lien against the property rather than relying on an administratively assessed penalty.
Staff told the commission that lien recovery is the usual mechanism and that a penalty would be assessed as a lien if imposed. As one commissioner suggested lowering the ceiling, another said $500 would be reasonable given the owner's long-standing nonresponsiveness since 2009; "I would say 500 just because the owner has been nonresponsive since 2009," a commissioner said during debate. The $500 cap was incorporated into the order read into the record.
