Title:
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Reduction of Lien Request -- Consideration of Applicant, Harry D. Billsbrough’s, request for a reduction, due to financial and medical hardship, of three Code Enforcement Board liens (Cases # 21-76-CEB, 21-77-CEB, and 21-78-CEB) to the collective administrative costs of $1,395.64. The subject property is located at 560 E. 2nd Street, Chuluota, FL 32766, Tax Parcel ID: 21-21-32-5CF-1900-0010. District1 - Dallari; (Alexis Valle, Code Enforcement Clerk)
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Division:
division
Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Alexis Valle/407-665-7403
Background:
Property owner Harry D. Billsbrough (the “Applicant”) submits this 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 reduction of the code enforcement liens upon Tax Parcel # 21-21-32-5CF-1900-0010 (the “Property”), with a street address of 560 E. 2nd Street, Chuluota, FL 32766, to the collective administrative costs of $1,395.64. The Applicant reports that he is no longer able to perform the necessary tasks to bring the Property into compliance. The Applicant reports that prospective purchasers of the Property, Andrea and Tim Tolbert, assisted the Applicant with compliance and this application.
The following three Code Enforcement Board liens are at issue:
1) Order Finding Non-Compliance and Imposing Fine/Lien (Case No. 21-76-CEB), recorded on September 25, 2024, OR Book 10701 at Page 1399, Official Records of Seminole County, Florida (“Lien 1”);
2) Order Finding Non-Compliance and Imposing Fine/Lien (Case No. 21-77-CEB), recorded on September 25, 2024, OR Book 10701 at Page 1401, Official Records of Seminole County, Florida (“Lien 2”); and
3) Order Finding Non-Compliance and Imposing Fine/Lien (Case No. 21-78-CEB), recorded on September 25, 2024, OR Book 10701 at Page 1403, Official Records of Seminole County, Florida, (“Lien 3”).
Lien 1, Lien 2, and Lien 3 are collectively referenced as the “Liens”.
The Liens secure the County’s interest in the collective amount of $214,395.64 ($213,000.00 in accrued daily fines; $1,395.64 in administrative costs).
The Liens were imposed upon the Property while owned by the Applicant.
Information specific to the violation of Seminole County Code:
Lien 1 (Case No. 21-76-CEB):
In April 2021, County Code Enforcement observed abandoned vehicles upon the Property, in violation of Section 95.4, Nuisances Declared, as defined in Section 95.3(e), Abandoned Vehicles. Notices of Violation issued on April 15, 2021, and May 20, 2021, requiring a corrective action to remove or repair all abandoned vehicles.
On January 27, 2022, 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 February 28, 2022, or a fine of $100.00 per day may be imposed thereafter. An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on March 2, 2022.
At a compliance hearing held on July 27, 2022, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $15,000.00 for 150 days of non-compliance and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On January 27, 2025, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of January 27, 2025. As a daily fine of $100.00 continued to accrue from July 28, 2022, through January 26, 2025 (914 days), an additional $91,400.00 accrued in daily fines since imposition of the Lien.
Lien 1 secures Administrative Costs ($456.46) in addition to the accrued Daily Fine amount ($106,400.00) for a total amount of $106,856.46 secured and owed by Lien 1.
Lien 2 (Case 21-77-CEB):
In April 2021, County Code Enforcement observed uncultivated vegetation over eight inches in height upon the Property, in violation of Section 95.4, Nuisances Declared, as defined in Section 95.3(b), Uncultivated vegetation. Notices of Violation issued on April 15, 2021, and May 20, 2021, requiring a corrective action to remove all uncultivated vegetation (grass/weeds) over eight inches in height.
On January 27, 2022, 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 February 28, 2022, or a fine of $50.00 per day may be imposed thereafter. An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on March 2, 2022.
At a compliance hearing held on July 27, 2022, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $7,500.00 for 150 days of non-compliance and ordered that a fine continue to accrue at $50.00 per day until compliance is obtained.
On January 24, 2025, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of January 24, 2025. As a daily fine of $50.00 continued to accrue from July 28, 2022, through January 23, 2025 (911 days), an additional $45,550.00 accrued in daily fines since imposition of the Lien.
Lien 2 secures Administrative Costs ($469.59) in addition to the accrued Daily Fine amount ($53,050.00) for a total amount of $53,519.59 secured and owed by Lien 2.
Lien 3 (Case No. 21-78-CEB):
In April 2021, County Code Enforcement observed rubbish upon the Property, in violation of Section 95.4, Nuisances Declared, as defined in Section 95.3(a), Rubbish. Notices of Violation issued on April 15, 2021, and May 20, 2021, requiring a corrective action to remove all rubbish.
On January 27, 2022, 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 February 28, 2022, or a fine of $50.00 per day may be imposed thereafter. An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on March 2, 2022.
At a compliance hearing held on July 27, 2022, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $7,500.00 for 150 days of non-compliance and ordered that a fine continue to accrue at $50.00 per day until compliance is obtained.
On February 4, 2025, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of February 3, 2025. As a daily fine of $50.00 continued to accrue from July 28, 2022, through February 2, 2025 (921 days), an additional $46,050.00 accrued in daily fines since imposition of the Lien.
Lien 3 secures Administrative Costs ($469.59) in addition to the accrued Daily Fine amount ($53,550.00) for a total amount of $54,019.59 secured and owed by Lien 3.
The Liens secure Administrative Costs (collectively $1,395.64) in addition to the accrued daily fine amount (collectively $213,000.00), for a total original amount of $214,395.64. All of the Liens remain upon the Property.
Financial Summary:
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Property tax parcel #: |
21-21-32-5CF-1900-0010 |
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Property address: |
560 E 2nd Street, Chuluota, FL 32766 |
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Ownership date: |
April 15, 2003 |
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Conveyance type: |
Warranty Deed |
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Purchase amount: |
Unknown |
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2024 Assessed Value: |
$ 107,563.00 |
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Lien 1 |
Lien 2 |
Lien 3 |
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Daily fines accrued: |
$ 106,400.00 |
$ 53,050.00 |
$ 53,550.00 |
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Administrative Costs: |
$ 456.46 |
$ 469.59 |
$ 469.59 |
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Amounts paid or credited against Lien to date: |
$ 0.00 |
$ 0.00 |
$ 0.00 |
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Lien amount (including administrative costs): |
$ 106,856.46 |
$ 53,519.59 |
$ 54,019.59 |
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Collective amount secured by all Liens |
$ 214,395.64 |
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 collective amount secured by the Liens is $214,395.64. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $107,563.00. The collective amount of the Liens far exceeds the assessed value of the Property, being nearly double the assessed value of the Property.
(b) The actions taken, or not taken, by the property owners in attempting to abate the code violation.
The Applicant reports that his medical/physical limitations have become major problems as to both completing daily tasks and in maintaining the Property himself. In 2025, the Applicant received assistance from the prospective purchasers to remove all the violations from the Property to bring the cases into compliance.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property spanned 4 years. A collective 32.3 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 surpasses the Applicant's income and ability to pay. Applicant states "I've tried getting different jobs but it's been challenging with my medical issues and military and tech training is now outdated. Also my financial issues now may make it hard to get my security clearance." Applicant states that he does not have any reliable source of income and in February 2025 stated, "I will be able to apply for 90% of my social security."
2. Medical hardship: Applicant states that following his work in the Navy, he began to experience major medical problems, to include a Crohn’s Disease diagnosis, related surgeries and resultant serious medical issues to include a constantly utilized medical device, as further detailed in his application. Applicant reports that his physical limitations have created challenges in keeping up with house maintenance and make it difficult for him to complete daily tasks or keep a job.
3. Administrative costs will be paid by Applicant: Applicant is not requesting reduction or waiver of administrative costs.
4. Applicant obtained help with correcting the violations through Andrea and Tim Tolbert, who are assisting the Applicant with moving to a new location to better suit his physical and financial limitations.
Requested Action:
The Applicant requests that the Board consider and make a final determination on Applicant's request for a reduction, due to financial and medical hardship, of the Liens (Cases # 21-76-CEB, 21-77-CEB, and 21-78-CEB) to the collective administrative costs of $1,395.64 and, should the amount of the Liens be reduced, authorize the Chairman to execute a Satisfaction of Lien upon payment of the approved reduced amount, if any.