Title:
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Approve and authorize the Chairman to execute a Release of Lien for Code Enforcement Special Magistrate Case Number 24-21-CESM, for the property located at 411 Kentwood Ave, Sanford, Florida 32771, for the Lien identified, reviewed and determined to be unenforceable; District5 - Herr (Jose Gomez, Development Services Director)
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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:
The property involved in this request is 411 Kentwood Ave, Sanford, Florida 32771, Tax Parcel No. 30-19-30-5UA-0500-0030 (“Property”). In August 2023, County Code Enforcement initiated a case regarding a violation upon the Property against the previous owner, Jill Kelley. The current owner of the Property is the Jill A. Kelley Revocable Trust (“Owner”), which obtained the Property via Quitclaim Deed on or about December 4, 2023. All notices following the ownership change continued to be directed to prior owner, Jill Kelley, rather than the Jill A. Kelley Revocable Trust.
On April 11, 2024, the Special Magistrate found “Jill Kelley” in violation of Seminole County Code, Chapter 40, Appendix “A”, Section 105.1. At the June 13, 2024, compliance hearing, the Special Magistrate issued an Order Imposing Costs, Fines and Lien, against “Jill Kelley”, which was recorded on July 17, 2024, in official records Book 10662, pages 828-830, Public Records of Seminole County, Florida (the “Lien”).
Therefore, proper due process was not afforded to the Owner of the Property in accordance with Section 162.12, Florida Statutes.
This request seeks that the Board authorize the full release of the Lien. In reviewing the identified file, staff has discovered that the notices regarding the violation or the related hearings for this case were deficient and issued to the wrong party.
Staff worked with the County Attorney’s Office to review the recorded Lien at issue, as well as the notice of violation and notices of hearing provided, and property ownership information of public record. It was confirmed that due to the noticing issues, proper due process of the violation and hearings was not afforded to the Owner of the Property.
As notice of the violation and related hearing was not conducted in accordance with state law, staff, in consultation with the County Attorney’s Office, has concluded that the Lien is unenforceable, and therefore recommends a full release of the Lien.
Requested Action:
Staff requests the Board authorize the Chairman to execute a Release of Lien for Code Enforcement Special Magistrate Case Number 24-21-CESM, for the property located at 411 Kentwood Ave, Sanford, Florida 32771, for the Lien identified, reviewed and determined to be unenforceable.