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Reduction of Lien Request - Consideration of Applicant, Ocala, LLC's, request for a reduction of two code enforcement liens (Case # 19-112-CEB & 19-113-CEB) to $2,500.00 or administrative costs totaling $1,204.40. The subject property is located at 1208 Helen Street, Apopka, Florida, 32703, Tax Parcel ID: 17-21-29-512-0000-0540, District3 - Constantine (Jon Martin, Code Enforcement Division Manager)
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Division:
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Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Jon Martin/407-665-7234
Background:
Property owner, Ocala, LLC (the "Applicant"), submits this code enforcement lien waiver 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 # 17-21-29-512-0000-0540 (the "Property"), with a street address of 1208 Helen Street, Apopka, Florida, 32703. The code enforcement liens at issue were recorded, respectively, on April 19, 2024, in OR Book 10615, at Page 584 ("Lien 1"), and on November 27, 2019, in OR Book 9488, at Page 1739 ("Lien 2"), Official Records of Seminole County, Florida (collectively the "Liens"), and secured the County's interest in the collective amount of $195,104.40 ($193,900.00 in accrued daily fines; $1,204.40 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. 19-112-CEB):
In January 2019, County Code Enforcement observed upon the Property uncultivated vegetation (defined as a nuisance by Section 95.3(b), SCC) in violation of Section 95.4, Creation or maintenance of nuisances prohibited, SCC. A Notice of Violation was issued on January 2, 2019, requiring corrective action.
On July 25, 2019, 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 August 9, 2019, 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 August 13, 2019.
An Affidavit of Compliance was subsequently filed by the Code Enforcement Officer after re-inspection finding compliance as of October 24, 2019.
At a compliance hearing held on October 24, 2019, the Code Enforcement Board issued an Order Finding Compliance and Imposing Fine/Lien, which ordered that a fine amount of $3,700.00 for 74 days of non-compliance be reduced to the Administrative Costs totaling $389.64 if paid by November 23, 2019, or the original fine amount would revert to $3,700.00 and be imposed as a lien. As the Administrative Costs were not paid, the fine amount reverted to $3,700.00.
Lien 1 secures Administrative Costs (collectively $664.57) in addition to the accrued Daily Fine amount ($3,700.00) for a total amount of $4,364.57 secured and owed by Lien 1.
Lien 2 (Case No. 19-113-CEB):
In January 2019, County Code Enforcement observed upon the Property rubbish (defined as a nuisance by Section 95.3(a), Seminole County Code ["SCC"]) in violation of Section 95.4, Creation or maintenance of nuisances prohibited, SCC. Notices of Violation were issued on January 2, 2019, and March 19, 2019, requiring the corrective action of removing the rubbish from the property.
On July 25, 2019, 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 August 9, 2019, 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 August 13, 2019.
At a compliance hearing held on October 24, 2019, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $7,600.00 for 76 days of non-compliance as of October 24, 2019, and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On November 1, 2024, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of October 24, 2024. As a daily fine of $100.00 continued to accrue from October 25, 2019, through October 23, 2024 (1,826 days), an additional $182,600.00 accrued in daily fines since imposition of Lien 2.
Lien 2 secures Administrative Costs (collectively $539.83) in addition to the accrued Daily Fine amount ($190,200.00) for a total amount of $190,739.83 secured and owed by Lien 2.
The Liens secure Administrative Costs (collectively $1,204.40) in addition to the accrued Daily Fine amount (collectively $193,900.00), for a total amount of $195,104.40. The Liens remain upon the Property.
Financial Summary:
Property tax parcel #:
17-21-29-512-0000-0540
Property address:
1208 Helen Street, Apopka, FL 32703
Ownership date:
June 3, 2025
Conveyance type:
Quit Claim Deed
Purchase amount:
Unknown
2024 Assessed Value:
$ 165,212.00
LIEN 1
LIEN 2
Daily fines accrued:
$ 3,700.00
$ 190,200.00
Administrative Costs:
$ 664.57
$ 539.83
Total:
$4,364.57
$190,739.83
Lien amount of both lien (including administrative costs):
$ 195,104.40
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 Liens is $195,104.40. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $165,212.00. The amount of the Liens 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.
For case # 19-112-CEB, the violation of Uncultivated Vegetation was corrected on the day of the Code Enforcement Board's lien hearing. The Property was in violation for approximately 2.5 months.
For case #19-113-CEB, the violation of Rubbish continued for approximately five years. The Rubbish was removed from the property as of October 24, 2024.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property collectively spanned over approximately 5 years. A collective 29.75 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) Community Improvement: Applicant states that "when I acquired the property, it was in extremely poor and hazardous condition", reporting that conditions of the Property posed serious health and safety risks not only to the structure itself but also to the surrounding neighborhood. Applicant states that they "cleared all overgrown vegetation; fully remediated the property interior and removed all animal waste" and "secured and repaired the structure to ensure public safety and prevented further code violations and complaints from neighbors." Applicant states they are committed to the rehabilitation process and ensuring this property become an asset to the community rather than a burden.
2) Administrative costs: Applicant is not requesting a reduction or waiver of administrative costs.
3) Applicant states that "given the substantial cleanup and repair costs I have personally undertaken" they would like the Board's consideration for reducing the accrued costs.
Requested Action:
The Applicant requests that the Board consider and make a final determination on Applicant's request for a reduction of the Lien to $2,500.00 or total administrative costs of $1,204.40 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.