Title:
title
Reduction of Lien Request - Consideration of Applicant, Vernette Cole’s, request for a total waiver, due to financial and medical hardship, of a Code Enforcement Board lien (Case # 12-122-CEB) to $0.00. The subject property is located at 2450 Broadway, Sanford, FL 32771, Tax Parcel ID: 33-19-31-507-0000-1550, District5 - Herr (Alexis Valle, Code Enforcement Office Clerk)
end
Division:
division
Development Services
body
Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Alexis Valle/407-665-7403
Background:
Property owner Vernette Cole (the “Applicant”) submits this total waiver of code enforcement lien request to the Board of County Commissioners (the “Board”) pursuant to Section 3.20 B., Seminole County Administrative Code (the “Administrative Code”). The Applicant requests a total waiver of the code enforcement lien upon Tax Parcel # 33-19-31-507-0000-1550 (the “Property”), with a street address of 2450 Broadway, Sanford, FL, 32771. The Code Enforcement Board lien at issue, recorded on February 1, 2013, OR Book 07955 at Page 387, Official Records of Seminole County, Florida (the “Lien”), secured the County’s interest in the collective amount of $507,995.15 ($507,500.00 in accrued daily fines; $495.15 in administrative costs).
The Lien was imposed upon the Property while owned by the Applicant.
Information specific to the violation of Seminole County Code:
In March 2012, County Code Enforcement observed upon the Property trash and debris (as defined by Section 95.3(g), Seminole County Code [“SCC”]), in violation of Section 95.4, Creation or maintenance of nuisances prohibited. Notices of Violation issued on March 27, 2012, and May 11, 2012, requiring the corrective action of removing the accumulations of trash and debris from the Property.
On October 25, 2012, the matter came before the Code Enforcement Board, which issued a Findings of Fact, Conclusions of Law and Order giving the Respondent a compliance date of November 13, 2012, or a fine of $250.00 per day may be imposed thereafter. An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on November 15, 2012.
At a compliance hearing held on January 24, 2013, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $18,000.00 for 72 days of non-compliance as of January 24, 2013, and ordered that a fine continue to accrue at $250.00 per day until compliance is obtained.
On June 7, 2018, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of June 6, 2018. As a daily fine of $250.00 continued to accrue from January 25, 2012, through June 5, 2024 (1958 days), an additional $489,500.00 accrued in daily fines since imposition of the Lien.
The Lien secures Administrative Costs (collectively $495.15) in addition to the accrued daily fine amount ($507,500.00) for a total amount of $507,995.15 secured and owed by the Lien.
Financial Summary:
|
Property tax parcel #: |
33-19-31-507-0000-1550 |
|
Property address: |
2450 Broadway Sanford, FL 32771 |
|
Ownership date: |
December 1997 |
|
Conveyance type: |
Warranty Deed |
|
Purchase amount: |
Unknown |
|
2024 Assessed Value: |
$21,805.00 |
|
Daily fines accrued: |
$507,500.00 |
|
Administrative costs: |
$495.15 |
|
Lien amount (including administrative costs): |
$507,995.15 |
|
Amounts paid or credited against Lien to date: |
$0.00 |
Review criteria:
The Deputy County Manager first reviewed Applicant’s request in accordance with the reduction/waiver request guidelines established by the Board in Section 3.20 B. (2), Administrative Code, and determined that the Applicant’s request met such guidelines to move forward for Board consideration.
In accordance with Section 3.20 B. (4), Administrative Code, as the Deputy County Manager determined that the request did not fail any of the guidelines established by Section 3.20 B. (2), Administrative Code, the Deputy County Manager reviewed the request by evaluating:
(a) The amount of the lien as compared to the value of the property.
The amount secured by the Lien is $507,995.15. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $21,805.00. The amount of the Lien far exceeds the assessed value of the Property.
(b) The actions taken, or not taken, by the property owners in attempting to abate the code violation.
Code Enforcement confirmed that the trash and debris were removed from the Property on June 6, 2018. While the Property was in violation from 2012 to June 2018, the Applicant states that she was not aware of the violation until 2024, well after the Property was brought into compliance. The Applicant contends that she is not aware of mail received at her address for which she did not personally sign. The Lien provides that the Code Enforcement Board found during the January 24, 2013, hearing that notice was provided to the Respondent in accordance with Section 162.12, Florida Statutes.
Notwithstanding the fact that Applicant apparently did not act to rectify the violation (of which Applicant claims she was unaware), it appears that the Applicant may have had issues rectifying the violation regardless, given Applicant’s stated financial and medical hardships. In addition to financial hardship, the Applicant claims two permanent disabilities (legal blindness in one eye; and spinal injury) in addition to multiple other medical conditions. The Applicant included relevant supporting documentation with the waiver request.
(c) The amount of staff time expended to bring the property in compliance.
Although the non-compliance upon the Property spanned six years, a collective 11.75 hours of staff time were expended, per staff affidavits, on the code enforcement case.
The Applicant requests that the Board additionally consider the following in its determination to reduce or waive the Lien:
1) Financial hardship: The amount of the Lien far exceeds the amount of the Applicant’s gross income. The Applicant provided supporting documentation relative to her income and reports ongoing medical cost obligations.
2) Medical hardship: The Applicant states that she has two permanent disabilities which limit her ability to both perform day-to-day functions at home and to work extra hours at her employment. The Applicant provided documentation demonstrating Applicant’s medical hardships.
Requested Action:
The Applicant requests that the Board consider and make a final determination on the Applicant’s request for a total waiver of the Lien to $0.00 and, should the Lien amount be reduced, authorize the Chairman to execute a Satisfaction of Lien upon payment of the approved reduced amount, if any.