Title:
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Approve the request for a Release of Lien for a vacant property located at 600 Shadowmoss Circle, Lake Mary, Parcel No. 03-20-29-5PG-FB00-0000, that was attached due to a Code Enforcement Special Magistrate lien of $232,500.00 for Case # 17-91-CESM, filed against Magnolia Golf Club Holding LLC (Magnolia Golf Club Holding LLC, Applicant) District5 - Herr (Liz Parkhurst, Project Manager).
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Division:
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Development Services - Planning and Development
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Liz Parkhurst/407-665-7451
Background:
In response to a complaint, the Inspector observed the following violation of uncultivated vegetation as outlined by Seminole County Code, Chapter 95, Sec. 95.4, as defined in Sec. 95.3 (b), located on the vacant property at 600 Shadowmoss Circle, Lake Mary, Parcel No. 03-20-29-5PG-FB00-0000, owned by Magnolia Golf Club Holdings LLC.
On October 12, 2017, the Code Enforcement Special Magistrate of Seminole County issued its Findings of Fact, Conclusions of Law and Order for the referenced property. The Order specifically found the property in violation of Seminole County Code, Chapter 95, Sec. 95.4, as defined in Sec. 95.3 (b) uncultivated vegetation. Per the issued Findings of Fact, Conclusions of Law and Order, if the violation was found to be repeated, a fine of $500.00 per day would begin to accrue.
A complaint was received on May 19, 2022, and the Code Enforcement Officer reinspected the property and found it to be in repeat violation.
On November 17, 2022, the Special Magistrate issued an Order of $84,000.00 equaling the total amount of fines and costs for 168 days of non-compliance.
As the property was not in compliance, the fine continued to accrue at $500.00 each day until reinspection on September 11, 2023, when the Code Enforcement Officer found the property in compliance. The fine/lien totals $232,500.00 for a total of 465 days of non-compliance at $500.00 a day.
The subject property is in compliance and a landscape contractor has been hired to provide maintenance of the golf course. The property owner is also trying to resolve the lien to comply with a settlement agreement to plat land for the Bender Golf Academy. The property owner has indicated that they were not notified and were not aware of the lien hearings. As there were issues with the notices, the respondent was unable to attend the Special Magistrate hearings and discuss the accrued fines. Therefore, the County Attorney's Office has recommended that the liens be released. In the future if the property is found in violation, it will receive another repeat violation.
recommendation
Requested Action:
Authorize the Chairman to execute a Release of Lien in the amount of $232,500.00 associated with the property located at 600 Shadowmoss Circle, Lake Mary, Tax Parcel ID: 03-20-29-5PG-FB00-0000 and filed against Magnolia Golf Club Holding LLC.