Title:
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Reduction of Lien Request - Consider the request for a reduction of lien of the Code Enforcement Board lien of $86,500.00 to the reduced amount of $1,000.00, under Case # 19-33-CESM, on the property located at 1781 Carlton Street, Longwood, FL 32750, Tax Parcel ID: 01-21-29-5CK-250B-0020, (US BANK TRUST TR, Applicant); District3-Constantine, (Alexis Brignoni, Code Enforcement Clerk)
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Division:
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Board of County Commissioners
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Alexis Brignoni/407-665-7403
Background:
The Applicant requests the Board of County Commissioners consider a request of their Code Enforcement Board lien from the accumulated total of $86,500.00 to the proposed reduced amount of $1,000.00.
This lien was based on the violation of construction without the required permits and was remedied on February 5, 2024, after the permits were obtained. The Applicant is requesting this reduction due to a communication gap, as US Bank Trust was receiving mail directly rather than the servicer for the bank, Hudson Homes Management Rental Division.
In summary, this issue began as a response to a citizen complaint on October 19, 2017. On such date the Inspector traveled to the subject property located at 1781 Carlton Street, Longwood, FL 32750 and first observed the following violation: Construction without the required permits for a privacy fence.
On January 29, 2019, a Statement of Violation was filed with the Code Enforcement Clerk citing the Respondent for a violation on Chapter 40, Appendix “A”, Section 105.1, Seminole County Code. The matter was heard on March 14, 2019, and the Special Magistrate found the property to be in violation. At said hearing the Special Magistrate issued an Order giving the Respondent a compliance date of May 9, 2019, and a fine of $50.00 per day if the violation is not corrected by the compliance date.
An Affidavit of Non-Compliance was filed by the Inspector after re-inspection on May 14, 2019. A Notice of Hearing for a lien imposition hearing, which was to occur on July 11, 2019, was sent to the Respondent.
At the lien imposition hearing on July 11, 2019, the Special Magistrate issued an Order finding Non-Compliance Imposing Fine/Lien in the amount of $3,150.00, with the fine continuing to accrue at $50.00 per day until compliance is obtained.
The property owner remedied the violation by obtaining the required permits, and an Affidavit of Compliance was filed by the Inspector after re-inspection on February 5, 2024.
The fine/lien currently totals $86,500.00.
A background timeline is attached.
Pursuant to County Administrative Code 3.20B(4), the following items should be considered when evaluating a lien reduction request:
(a) The amount of the lien as compared to the value of the property -
Per the Property Appraiser information, the 2023 certified assessed value of the property is $355,847.00. The lien totals $86,500.00.
(b) The actions taken, or not taken, by the property owners in attempting to abate the code violation -
The Applicant brought the property into compliance by obtaining the appropriate permits.
(c) The amount of staff time expended to bring the property in compliance -
The estimated administrative costs on this matter total: $471.23.
In addition, the request is not eligible for a reduction based on the Board of County Commissioners’ Policy for “Recommendations for Request for Reduction of Liens”, attached for reference.
Requested Action:
Applicant requests that the Board of County Commissioners consider a request to reduce a Code Enforcement Board lien from the accumulated total of $86,500.00 to the reduced amount of $1,000.00, under Case # 19-33-CESM, on the property located at 1781 Carlton Street, Longwood, FL 32750, Tax Parcel ID: 01-21-29-5CK-250B-0020, (US Bank Trust TR, LSF9 Master Participation Trust, Applicant), and authorize the County Manager to execute the Satisfaction and Release of Code Enforcement Lien.