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02/02/2010 Meeting Minutes
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North Olmsted Legislation
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2/2/2010
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2010
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Council Minutes of 02-02-10 <br /> <br />the property. One of the ongoing problems is that when the bank goes through a <br />foreclosure sale, the bank's not filing the deed to transfer the property into the <br />bank's name. The result of that is the city has nobody responsible for property <br />maintenance. His advice to anyone whose house is in foreclosure is to stay in the <br />property until the court tells you to leave and then you can live there and take care <br />of it. What's happening is they are leaving the property when the bank tells them <br />to go, and then nobody takes care of it. Then the deed never gets filed. The <br />property sits there, and it just continues to decay and rot. <br />• The property at 25896 Butternut is an example of what he just described. The <br />property was owned by anout-of--state couple and it's one of the historical homes <br />in North Olmsted that was just simply rotting. The roof was going and the siding <br />was falling off of it and it had been like that for a number of years. They will <br />prosecute - file a property maintenance claim, take them to Rocky River Court <br />and try to get a fine. In summer and late fall they saw the property improvements <br />starting to take place because they had them in Rocky River Court. They <br />ultimately were convicted of the property maintenance violations and required to <br />pay a fine of $350 which is nothing compared to the people that had to live next <br />door and look at a blighted house for the past four years. <br />• Another example is the property at 6652 Charles. The owner has left the property <br />and is bankrupt and the house is in foreclosure. You're not going to go to Rocky <br />River and have somebody thrown in jail who is bankrupt and is not capable of <br />taking care of the property. They were found guilty and fined $125. But, unlike <br />Butternut, the property continues to rot. The Law Department vigorously pursued <br />the mortgage holder. The bank got to the point where they threw their hands up, <br />got tired of the Law Department and walked away from their lien. That left <br />Plymouth Park Tax Service, which buys these tax certificates from the County <br />that are delinquent and then they collect on them. They earn a very high rate of <br />interest and they do absolutely nothing to take care of the property. They'll get <br />paid first when it goes to a Sheriff's sale. There's no incentive for them to do a <br />thing to preserve that property which brings him to the idea that Carole Heyward <br />and the Law Department are exploring using the state's statues to intervene in <br />these foreclosures to ask the Court to appoint a Receiver to have the property <br />maintained and repaired and then the Receiver becomes a super lien which would <br />come before Plymouth Park. This case is coming to a default hearing soon <br />despite the fact the city got their conviction of a $125 from the unfortunate <br />property owner who fell into some difficult times. The Law Department, with the <br />Administration, is looking at some very creative ways to try to address these <br />issues. <br />Finance Director Copfer: <br />• 2009 year-end internal revenue and expense detail and summary reports were sent <br />out today. While she has been busy checking for accuracy of the year-end <br />information, she does have indications of the results of the general fund that <br />revenues ended 1.6% over the plan and 9.5% over last year's actual. That's about <br />4 <br />
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