Title:
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Reduction of Lien Request - Consideration of Applicant, Jessica B. Hudson, Jennifer Kibler, and Kimberly Gazard’s, request for a reduction of a Code Enforcement lien (Case # 09-04-CEB) to the administrative costs of $440.19. The subject property is located at 241 Overlook Dr., Chuluota, Florida, 32766, Tax Parcel ID: 22-21-32-5UI-0200-0070 District1 - Dallari (Alexis Valle, Code Enforcement Office Clerk)
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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:
Alexis Valle/407-665-7403
Background:
Property owners Jessica B. Hudson, Jennifer Kibler, and Kimberly Gazard, (the “Applicant”) submit 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 provided written authorization to be represented by prospective purchaser Eliot Grime and his legal counsel, attorney Philip S. Kaprow, relative to this Request for Reduction of Lien application.
The Applicant requests a reduction of the code enforcement lien upon Tax Parcel # 22-21-32-5UI-0200-0070 (the “Property”), with a street address of 241 Overlook Drive, Chuluota, Florida, 32766. The Code Enforcement lien at issue, recorded on April 7, 2009, OR Book 07164 at Pages 0956-0957, Official Records of Seminole County, Florida (the “Lien”), secured the County’s interest in the collective amount of $350,540.19 ($350,100.00 in accrued daily fines; $440.19 in administrative costs).
The Applicant asserts that the Lien was imposed upon the Property prior to ownership by the Applicant. Counsel representing the Applicant states that the Property appears to have ended up with the current landowners by virtue of an Order Determining Homestead. Such protected document, noted in the public records as a probate document, has been marked confidential and is therefore not available online for review.
Information specific to the violation of Seminole County Code:
In October 2008, County Code Enforcement observed trash and debris, uncultivated vegetation, and two dead trees upon the Property, in violation of Section 95.4, Nuisances Declared, Seminole County Code, as defined in Section 95.3(g), (h), and (p). Notices of Violation issued to Phillip A. Laws and Pearl E. Laws, Heirs (“Respondent”), the Property owners at that time, requiring the corrective actions of removing trash, removing excess weeds and grass growth, and removing two dead trees from the Property. Corrective actions were not taken by the Respondent as required.
On January 22, 2009, 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 4, 2009, 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 February 5, 2009.
At a compliance hearing held on March 26, 2009, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $5,000.00 for 50 days of non-compliance and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On September 7, 2018, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of September 7, 2018. As a daily fine of $100.00 continued to accrue from March 27, 2009, through September 6, 2018 (3,451 days), an additional $345,100.00 accrued in daily fines since imposition of the Lien.
The Lien secures Administrative Costs (collectively $440.19) in addition to the accrued Daily Fine amount (collectively $350,100.00) for a total amount of $350,540.19 secured and owed by the Lien.
Financial Summary:
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Property tax parcel #: |
22-21-32-5UI-0200-0070 |
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Property address: |
241 Overlook Dr, Chuluota, FL 32766 |
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Ownership date: |
4/29/2024 |
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Conveyance type: |
Probate Order (Confidential document) |
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Purchase amount: |
Unknown |
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2024 Assessed Value: |
$ 339,605.00 |
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Daily fines accrued: |
$ 350,100.00 |
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Administrative Costs: |
$ 440.19 |
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Amounts paid or credited against Lien to date: |
$ 0.00 |
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Lien amount (including administrative costs): |
$350,540.19 |
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 Lien is $350,540.19. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $339,605.00. The amount of the Lien 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 previous Property owners (Respondent of the code enforcement case) eventually brought the Property into compliance. The code enforcement violations both occurred and were rectified prior to current ownership by the Applicant.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property spanned approximately 9 years. A collective 10.45 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) Applicant did not commit the violations: The Applicant contends that the parties that are currently the vested owners of the Property did not commit the violation and are not subsequent purchasers, but merely heirs of the “bad actors” (Respondent).
2) Community improvement: The Applicant contends that the proposed purchasers, whose sale is contingent upon reduction of the Lien, intend to improve the Property, which Applicant suggests may otherwise lay dormant and unimproved for an extended period.
3) Administrative costs: Applicant is not requesting a reduction or waiver of administrative costs. Applicant contends that it desires that the County be made whole as to administrative costs incurred. Applicant contends that a reduction to administrative costs is the most equitable relief given that the current and prospective owners were involved neither in causing the violations nor the speed at which compliance was attained.
4) Amount of reduction: Applicant requests that the collective daily fine amount be reduced to $0.00. Alternatively, the Applicant requests that the collective daily fine amount be reduced to an amount not exceeding $5,000.00. Applicant states “This reflects the maximum amount of a lien when a determination is made that a violation is irreparable or irreversible, pursuant to §162.09, Florida Statutes.”
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 the administrative costs of $440.19 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.