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The Community Development Department staff and the County Attorney's Office request that the Board of County Commissioners authorize staff to file a lawsuit against Florence Sabonjohn, Estate of Peter Sabonjohn, and Peter Sabonjohn, Jr., regarding properties at 43rd Avenue and 41st Street. Supporting staff in this request are the Environmental Health Department and the office of Representative Charles Sembler. Currently, the properties which are the subject of the proposed lawsuit have numerous code violations and disputed ownership. Required Health Department permits have not been obtained; illegal lot splits have occurred; health and safety violations exist; and nonconforming uses on the properties have lost their grandfathered status and become illegal. In the past, both County Code Enforcement staff and Environmental Health staff have pursued enforcement actions with respect to the subject properties. These actions have not resulted in a permanent solution to the problems on the subject properties. Recently, more complaints have been filed regarding the properties. In response to these complaints, code enforcement staffhas done extensive research on the properties. Based upon the results of that research and the code violations identified, staff requests authorization to file a lawsuit. Stasis analysis has shown that the nonconforming mobile home park on the south property was illegally split and has not been properly permitted for a number of years. Consequently, the mobile home park has lost its grandfathered status, is now illegal, and should be removed. Through the means of a lawsuit, the court could order removal of the mobile homes. The court can also issue an injunction, requiring the abatement of nuisances on the property. These nuisances include: junk and debris, junk vehicles, electrical and plumbing violations, setback encroachments, sign ordinance violations, and others. Although most code violations are addressed by the County Code Enforcement Board, this case is different. Both the ownership issues and the legal issues complicate the matter. For this reason, it is advantageous to have a judge who is experienced in legal proceedings preside at a hearing on this matter. Another reason to pursue this through court is that the court can ensure that the problems are corrected and, if necessary, impose contempt citations and fines. The County's only out-of-pocket cost for filing the lawsuit will be approximately $100 for court related fees. These costs will be paid from the Code Enforcement budget. All legal work will be done by the County Attorney's office. In this case, court action is the most efficient and most effective way to resolve the problems on the subject properties. For that reason, staff recommends that the Board authorize filing of the requested lawsuit. Myr 1010 u - �s Staff recommends that the Board of County Commissioners authorize staff to file a lawsuit against Florence Sabonjohn, Estate of Peter Sabonjohn, and Peter Sabonjohn, Jr., regarding properties at 43rd Avenue and 41st Street. OCTOBER 27, 1998 -39- 800K 107 FArE