Title:
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Reduction of Lien Request - Consider the request for a reduction of the Code Enforcement Board lien of $56,400.00 to $5,000.00, under Case # 20-18-CEB, on the property located at Leonard Street, Altamonte Springs, FL 32701, Tax Parcel ID: 18-21-30-509-0000-0270, (Joshua L. Moses, Applicant as Executor to the Estate of Chester A. Vander Pyl, III); District4 - Lockhart (Alexis Brignoni, Clerk to the Code Enforcement Board)
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Division:
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Development Services - Planning and Development
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Authorized By:
Rebecca Hammock, Development Services Director
Contact/Phone Number:
Alexis Brignoni/407-665-7403
Background:
A detailed Background Timeline and Case history are included in the attachments.
In summary, the issue began as a response to a citizen complaint on July 22, 2019, when the Code Enforcement Officer inspected the property based on that complaint.
The subject property is located at the northwest corner of Leonard Street and Marker Street, Altamonte Springs, Florida 32701, and the Code Enforcement Officer observed the following violation: Seminole County Code, Chapter 95, Sec. 95.4, as defined in Sec. 95.3 (b) It shall be unlawful for any person to accumulate, dump or cause or allow to be accumulated or dumped or cause or allow to be placed, or otherwise to cause or allow to exist on any lands or premises any nuisance as defined in Section 95.3 (b) - Uncultivated vegetation. The Code Enforcement Officer issued a Notice of Violation to the property owner on July 23, 2019.
On September 11, 2019, the Code Enforcement Board issued a ‘Statement of Violation and Request for Hearing’. Subsequently, a Notice of Hearing was sent to the property owner to schedule a hearing before the Seminole County Code Enforcement Board on January 23, 2020.
On January 23, 2020, a hearing was held before the Code Enforcement Board and an Order was issued giving the Respondent a compliance date of February 7, 2020. The Order stated that if the Respondent does not comply with the Order, a fine of $50.00 per day will be imposed for each day the violation continues after February 7, 2020, or is repeated after compliance.
The Respondent remedied the violation prior to February 7, 2020, and an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection on January 27, 2020. The Code Enforcement Clerk sent a letter to the Respondent closing the case on February 17, 2020.
The Code Enforcement Officer discovered that the subject property was, once again, in violation of Seminole County Code, Chapter 95, Sec. 95.4, as defined in Sec. 95.3 (b) It shall be unlawful for any person to accumulate, dump or cause or allow to be accumulated or dumped or cause or allow to be placed, or otherwise to cause or allow to exist on any lands or premises any nuisance as defined in Section 95.3 (b) - Uncultivated vegetation on March 4, 2021. The Code Enforcement Officer issued an Affidavit of Repeat Violation on March 9, 2021.
On July 22, 2021, after a hearing was held on the repeat violation, the Code Enforcement Board issued an ‘Order Finding Non-Compliance and Imposing Fine/Lien on a Repeat Violation’ in the amount of $7,100.00 for 142 days of non-compliance, with the fine continuing to accrue from March 4, 2021, until compliance was obtained.
The ‘Order Finding Non-Compliance and Imposing Fine/Lien on a Repeat Violation’ was recorded in Book 10002, Pages 941-942 of the Official Records of Seminole County.
The property owner died on December 6, 2023, the subject property became a part of the Estate, and an Executor was named by the probate court to handle the Estate’s assets.
The Estate contacted the Code Enforcement Officer after the passing of the original Respondent/Property Owner, to ask how to bring the property to compliance. The Estate remedied the violation within a couple of weeks, and an Affidavit of Compliance (pertaining to the Repeat Violation) was filed by the Code Enforcement Officer after the re-inspection that occurred on April 5, 2024. The Affidavit of Compliance was sent to the Estate which indicated the lien totaled $56,400.00 for 1128 days of non-compliance between the dates of March 4, 2021, through April 4, 2024.
The subject property was transferred via a Personal Representative’s deed from the Estate to M & T Florida Home Limited Liability Company on May 10, 2024. Per the terms of the underlying agreement between the Estate and M & T Florida Home Limited Liability Company, the Estate has placed the full amount of the lien in escrow pending the outcome of this Request for Reduction.
The total amount of the fine/lien is $56,400.00. The Estate is requesting a reduction from $56,400.00 to $5,000.00. If the lien is reduced to $5,000.00 then the remaining difference of $51,400.00 being held in escrow will be returned to the Estate.
Pursuant to Seminole County Administrative Code Section 3.20(B), the Deputy County Manager shall determine if a lien reduction request meets the guidelines established by the Board of County Commissioners in Section 3.20(B)(2)(a) through Section 3.20(B)(2)(c). Section 3.20 Code Enforcement Lien Requests for Waivers/Reductions of the Seminole County Administrative Code is attached as Exhibit A for reference.
It was determined that the request passes the established guidelines listed in Section 3.20(B)(2)(a) through Section 3.20(B)(2)(c) and the request could proceed to the Board of County Commissioners for consideration. Please see the June 18, 2024, Memo attached as Exhibit B.
Thus, pursuant to Seminole County Administrative Code Sections 3.20(B)(4) and 3.20(B)(5), the following items shall be evaluated, and the information presented to the Board of County Commissioners for their consideration:
(a) The amount of the lien as compared to the value of the property -
Per the Property Appraiser’s information, the 2023 certified assessed value of the property is $112,410.00. The amount of the lien totals $56,400.00. The property was sold by the Estate to M&T Florida Limited Liability Company for $225,000.
(b) The actions taken, or not taken, by the property owners in attempting to abate the code violation -
The Applicant, the Personal Representative of the Estate, brought the property into compliance upon taking ownership responsibility and notified the Code Enforcement Officer to schedule a compliance inspection. The re-inspection was completed on April 5, 2024, confirming compliance had been reached and the Code Enforcement Officer submitted an ‘Affidavit of Compliance’ on April 22, 2024.
(c) The amount of staff time expended to bring the property into compliance extended from
The estimated administrative costs on this matter total: $602.15. The settlement offer of $5,000 satisfies the administrative costs.
In addition to the Administrative Code established guidelines above, the Board of County Commissioners has historically utilized parameters from the attached “Recommendation for Request for Reduction of Liens”, attached as Exhibit C. This request does not meet any of the criteria listed in these policy guidelines as it is not based on a medical or financial hardship and the number of days the property was out of compliance exceeds 364 days.
The full amount of the lien is being held in Escrow and is available to satisfy the lien.
Requested Action:
Staff requests the Board approve a reduction of the Code Enforcement Board lien from $56,400.00 to $5,000.00 for Case # 20-18-CEB on the property located at Leonard Street, Altamonte Springs, FL 32701, Tax Parcel ID: 18-21-30-509-0000-0270. The lien must be paid within 30 days, or it will revert back to the original amount.