Title:
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Release of Code Enforcement Lien - Authorize the Chairman to execute the Release of Lien for Code Enforcement Special Magistrate Case No. SEMI-126095468, at 7353 Grand Avenue, Winter Park, FL 32792, Tax Parcel No. 35-21-30-516-0B00-0120; owned by Michael P. & Jennifer S. Weber; District1 - Dallari (Rebecca Hammock, Growth Management Director)
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Division:
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Development Services - Building
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Liz Parkhurst/407-665-7451
Background:
In 2014, the County implemented a Registration and Maintenance of Foreclosed Properties Program to establish a process for the registration of abandoned real property located within the unincorporated areas of Seminole County to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties.
At the end of 2019, the County entered a contract with Prochamps for Foreclosure Registration Services. The County also entered into an outside legal services agreement with Break Point Law, LLC, to act as special counsel to Seminole County Code Enforcement Officers to prepare all documentation and prosecute code enforcement cases regarding the collection of fees, all specifically related to registration and maintenance of foreclosure properties.
The Property involved in this request is 7353 Grand Ave., Winter Park, Florida 32792 (the “Property”). The Property has been owned by Jennifer S. Weber and Michael P. Weber since July 2015. This case was initiated on February 12, 2020, against “Nationstar Mortgage LLC dba Mr. Cooper” (“Nationstar”), the prior Property owner. All relevant notices were provided to Nationstar. However, Jennifer S. Weber and Michael P. Weber were neither listed as Respondents nor provided with any notices regarding the violation or related hearings. Therefore, proper due process was not afforded to the then-current owners (Jennifer S. Weber and Michael P. Weber) of the Property in accordance with Section 162.12, Florida Statutes, or Section 53.14, Seminole County Code (“Code”).
On March 11, 2021, the Special Magistrate found Nationstar in violation of Chapter 95, Article III, entitled “Registration and Maintenance of Foreclosed Properties,” Seminole County Code. At the July 8, 2021 compliance hearing, the Special Magistrate issued an Order Imposing Fine/Lien (the “Lien”), which was recorded on July 23, 2021, in official records Book 9995, pages 1550-1551, Public Records of Seminole County, Florida.
As notice of the violation and related hearings were not conducted in accordance with state law or the Code, 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 that the Board authorize the Chairman to execute the Release of Lien for Code Enforcement Special Magistrate Case No. SEMI-126095468, at 7353 Grand Avenue, Winter Park, FL 32792, Tax Parcel No. 35-21-30-516-0B00-0120; owned by Michael P. & Jennifer S. Weber.