Title:
title
Nuisance Abatement Release of Lien for 7750 Sanford Avenue, Sanford - Authorize the Chairman to execute a Release of Lien in the amount of $3,889.74 associated with the property located at 7750 Sanford Avenue, Sanford; filed against Mercerdees Murrell (Morgan Voke, Applicant) District5, Herr (Liz Parkhurst, Project Manager).
end
Division:
division
Development Services - Building
body
Authorized By:
Rebecca Hammock
Contact/Phone Number:
Bob Pike - 407-665-7460
Background:
On July 11, 1989, the structure at 7750 Sanford Avenue, Sanford, was deemed unoccupied and unsuitable for occupancy; dangerous and unsafe; and a hazard to the safety or health of the general public, dilapidation and abandonment.
On September 5, 1989, the Board held a public hearing regarding this case and after Sam Murrell, Attorney representing the property owners stated that Robert G. Smith was a co-owner of the property and was not notified for this hearing, Mr. Murrell explained to the Board that Mr. Smith was responsible for managing the property. In order to clarify the possible ownership issue, the Board continued this item unto the October 10, 1989 hearing.
On October 10, 1989, the case was heard by the Board. As no one spoke for or against the condemnation of the structure, the Board approved Resolution 89-R-365 setting a deadline of October 24, 1989 for the property to be abated. Additionally, the Board authorized necessary corrective action by the County if the property owners did not abate the structure and to assess the costs against the property and owner.
Under the authority of Seminole County Code 168.13, abatement actions were undertaken by the County in 1980 to address the hazardous nuisance consisting of a structure located at 7750 Sanford Avenue, Sanford, Tax Parcel ID: 12-20-30-509-0000-0190.
The Condemnation Lien in the amount of $3,889.74 was imposed by the Board on July 13, 1990, and is in Official Record Book 2201, Page 1693.
The current owners of the property, Morgan Voke and Deborah R. Longstaff, purchased the parcel from a Tax Deed Sale in 2018. The lien survived the Tax Deed Sale per Fla. Stat. §197.552 and was transferred to the buyers. Over the last 33 years, the County has not pursued collection or foreclosure, and the current owners wish to clear the parcel's title.
After review by the County Attorney's Office as to whether the lien and accrued interest is applicable due to the age of the lien, they determined this issue is within the scope of Chapter 55 of the Florida Statutes. As the Board acted in a quasi-judicial capacity and their resolution qualified as an order that successfully created a lien, the creation of this lien is captured under Fla. Stat. §55.10 where "[an] ... order ... becomes a lien on real property in any county when a certified copy of it is recorded in the official records ... of the county". However, the County may not collect this lien or its accrued interest because, under Fla. Stat. §55.081, the statute of limitations has run out, and the lien expired 20 years after the date of the order.
recommendation
Staff Recommendation:
Authorize the Chairman to execute a Release of Lien in the amount of $3,889.74 associated with the property located at 7750 Sanford Avenue, Sanford and filed against Mercerdees Murrell.