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Code Enforcement Lien 168 35th Square SW <br /> March 5, 2014 <br /> Page 12 <br /> Board of County Commissioners as prompt resolution of this matter would be in their <br /> financial interests. <br /> The filing of a Lis Pendens on the public records is notice to all that the property is <br /> subject to a lawsuit. Any lien filed after the notice of Lis Pendens and before the <br /> foreclosure is complete would be "scrubbed" (deemed unenforceable) at the end of the <br /> foreclosure lawsuit. It would be questionable as to where the County's lien could <br /> survive against the property and even more questionable of whether it could be <br /> enforced against the Greenawalts should they proceed to close on the property. The <br /> County's Code Enforcement lien will still be valid against Mrs. Cunningham's estate as it <br /> is our information that she passed away recently making the lien a part of her estate. <br /> The property has been brought into compliance and no current violations exist. The <br /> Greenawalts are currently renting and have informed their landlord of their intention not <br /> to renew the lease as they wish to move into the Water's Edge home after a short <br /> period of rehabilitation. They seek to have the Board enter an order setting the fine in <br /> an amount certain. The Greenawalts would seek to have the bank pay the fine out of <br /> closing proceeds and allow the Greenawalts to close on the property at the lower <br /> interest rate and with clear title. <br /> County Code Enforcement staff estimates administrative costs associated with this <br /> enforcement lien to be approximately $1,700.00. <br /> FUNDING: There is no County funding in this matter. <br /> RECOMMENDATION: Staff recommends the Board set a fine certain in Code Case <br /> No. 2012-20007 and upon payment of the fine, satisfy its lien against the property. <br /> c: Roland DeBlois <br /> Vanessa Carter <br /> Carla Greenawalt <br /> 165 <br />