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MAR 2 01990 <br />BOOK . l � FnE 60 <br />got there, he had to open the fence and open the one door that <br />was left in the building. <br />Assistant County Attorney Will Collins felt that Mr. Levy <br />has raised some good points as to whether the lien was properly <br />assessed to the right lot, but from a legal standpoint, the <br />appeal is not timely. The appeal should have been brought within <br />30 days after the notice of nuisance to abate was mailed or <br />posted. He could appreciate that it was mailed to the wrong <br />address, but our Code provides that the notice be mailed to the <br />address on record with the County Property Appraiser. So, the <br />County has properly followed its notice and procedures. This <br />appeal is far beyond the expiration of 30 days provided in the <br />notice to abate. As a matter of law, the appeal is not even a <br />right. However, if the Board feels that out of a sense of <br />fairness there are some issues here that should be readdressed, <br />they have that authority to hold a further hearing. If after a <br />further hearing, they determine that the assessment is fair, <br />reasonable and warranted, then the lien stands. If the Board <br />determines today that the charges are unwarranted or excessive <br />under the Code, they can direct the County Administrator to <br />recompute the charges and the Board shall hold a further hearing <br />after notice to the owner upon the recomputed charges. <br />Attorney Collins felt the issues that have been raised today <br />are 1) Are the charges correct, 2) Should they be fully assessed <br />against Lot #1; or 3) Should they be partially assessed against <br />Lot #14 and possibly Lot #2. Legally, the Board doesn't have to <br />do anything because the appeal period has terminated, but if the <br />Board feels it is the fair thing to do, they can direct staff to <br />recompute the assessments and determine which lot or lots should <br />be assessed. Then we could record a partial release of lien <br />against Lot #1 for whatever amount was improperly assessed and <br />hold a hearing to assess additional amounts against Lot #14. <br />Commissioner Wheeler asked who would pay for the survey , <br />and Commissioner Bird felt the County should pay for the survey. <br />26 <br />� ® r <br />