Title:
title
Reduction of Lien Request - Consideration of Applicant, Earlene Landingham’s, request for a total waiver, due to financial and medical hardship, of a Code Enforcement lien (Case # 18-110-CEB) to $0.00. The subject property is located at 118 Plymouth Avenue, Altamonte Springs, FL 32701, Tax Parcel ID: 07-21-30-505-0A00-0020, District4 - Lockhart (Alexis Valle, Code Enforcement 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 Earlene Landingham (the “Applicant”), represented by daughter and power of attorney Phyllis Hall, 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 total waiver of the Code Enforcement lien upon Tax Parcel # 07-21-30-505-0A00-0020 (the “Property”), with a street address of 118 Plymouth Avenue, Altamonte Springs, FL 32701. The Code Enforcement lien at issue, recorded on February 6, 2019, Book 9294 at Pages 737-738, Official Records of Seminole County, Florida (the “Lien”), secured the County’s interest in the collective amount of $215,999.27 ($215,500.00 in accrued daily fines; $499.27 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 April 2018, County Code Enforcement observed upon the Property rubbish (as defined by Section 95.3(a), Seminole County Code [“SCC”]), in violation of Section 95.4, Creation or maintenance of nuisances prohibited, SCC. A Notice of Violation issued on April 12, 2018, requiring the corrective action of removing the rubbish from the Property no later than April 27, 2018.
On October 25, 2018, 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 9, 2018, 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 November 14, 2018.
At a compliance hearing held on January 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 January 24, 2019, and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On October 6, 2024, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of October 4, 2024. As a daily fine of $100.00 continued to accrue from January 25, 2019, through October 3, 2024 (2079 days), an additional $207,900.00 accrued in daily fines since imposition of the Lien.
The Lien secures Administrative Costs (collectively $499.27) in addition to the accrued Daily Fine amount ($215,500.00) for a total amount of $215,999.27 secured and owed by the Lien.
Financial Summary:
|
Property tax parcel #: |
07-21-30-505-0A00-0020 |
|
Property address: |
118 Plymouth Avenue, Altamonte Springs, FL 32701 |
|
Ownership date: |
September 22, 2015 |
|
Conveyance type: |
Quit Claim Deed |
|
Purchase amount: |
Unknown |
|
2024 Assessed Value: |
$49,517.00 |
|
Daily fines accrued: |
$215,500.00 |
|
Administrative Costs: |
$499.27 |
|
Amounts paid or credited against Lien to date: |
$0.00 |
|
Lien amount (including administrative costs): |
$215,999.27 |
Review criteria:
The Deputy County Manager first reviewed the Applicant’s request in accordance with the 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 $215,999.27. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $49,517.00. 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.
The Applicant’s daughter, Phyllis Hall, organized for the Property to be remedied after finding out about the recorded Lien in August 2024, and compliance was achieved on October 3, 2024. Ms. Hall advised that her parents experienced memory loss since 2014, prior to the 2018 commencement of the code enforcement case. Ms. Hall stated that both parents subsequently received related diagnoses in 2015. Ms. Hall advised that her parents moved in with her (at a location other than the Property) in 2015 due to such issues and that she became their permanent caregiver.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property spanned approximately 7 years. A collective 11.7 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 value of the Property. The Lien amount is more than four times the assessed value of the Property.
2) Financial hardship: Applicant reports a fixed income and a consequent inability to pay the outstanding Lien. The Applicant “receives Social Security in the amount of $1,700.00 which must cover the mortgage, homeowners’ insurance, property tax and out of pocket medical treatment and supplies.” The Applicant provided documentation relative to her fixed income and reports ongoing financial obligations.
3) Medical hardship: The Applicant provided documentation sufficiently demonstrating Applicant’s medical hardships.
4) Administrative costs: Applicant requests a waiver of administrative costs.
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.