Title:
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Reduction of Lien Request - Consideration of Applicant, Miguel A Leon’s, request for a total waiver, due to financial and medical hardship, of two code enforcement liens (Case # 19-112-CEB & 19-113-CEB) to $0.00. The subject property is located at 1208 Helen Street, Apopka, Florida, 32703, Tax Parcel ID: 17-21-29-512-0000-0540, District3 - Constantine (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 owner Miguel A. Leon (the “Applicant”) submits this code enforcement lien waiver request to the Board of County Commissioners (the “Board”) pursuant to Section 3.20 B., Seminole County Administrative Code (the “Administrative Code”). The Applicant is represented relative to this request by Esther Helton, his adult daughter and power of attorney.
The Applicant requests a total waiver of the code enforcement liens upon Tax Parcel # 17-21-29-512-0000-0540 (the “Property”), with a street address of 1208 Helen Street, Apopka, Florida, 32703. The code enforcement liens at issue were recorded, respectively, on November 27, 2019, in OR Book 9488, at Page 1739 (“Lien 1”), and on April 19, 2024, in OR Book 10615, at Page 584 (“Lien 2”), Official Records of Seminole County, Florida (collectively the “Liens”), and secured the County’s interest in the collective amount of $195,104.40 ($193,900.00 in accrued daily fines; $1,204.40 in administrative costs).
The Liens were imposed upon the Property while owned by the Applicant.
Information specific to the violation of Seminole County Code:
Case No. 19-113-CEB (Lien 1):
In January 2019, County Code Enforcement observed upon the Property rubbish (defined as a nuisance by Section 95.3(a), Seminole County Code [“SCC”]) in violation of Section 95.4, Creation or maintenance of nuisances prohibited, SCC. Notices of Violation issued on January 2, 2019, and March 19, 2019, requiring the corrective action of removing the rubbish from the property.
On July 25, 2019, 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 August 9, 2019, 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 August 13, 2019.
At a compliance hearing held on October 24, 2019, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $7,600.00 for 76 days of non-compliance as of October 24, 2019, and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On November 1, 2024, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of October 24, 2024. As a daily fine of $100.00 continued to accrue from October 25, 2019, through October 23, 2024 (1,826 days), an additional $182,600.00 accrued in daily fines since imposition of Lien 1.
Lien 1 secures Administrative Costs (collectively $539.83) in addition to the accrued Daily Fine amount ($190,200.00) for a total amount of $190,739.83 secured and owed by Lien 1.
Case No. 19-112-CEB (Lien 2):
In January 2019, County Code Enforcement observed upon the Property uncultivated vegetation (defined as a nuisance by Section 95.3(b), SCC) in violation of Section 95.4, Creation or maintenance of nuisances prohibited, SCC. A Notice of Violation issued on January 2, 2019, requiring corrective action.
On July 25, 2019, 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 August 9, 2019, or a fine of $50.00 per day may be imposed thereafter. An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on August 13, 2019. An Affidavit of Compliance was subsequently filed by the Code Enforcement Officer after re-inspection finding compliance as of October 24, 2019.
At a compliance hearing held on October 24, 2019, the Code Enforcement Board issued an Order Finding Compliance and Imposing Fine/Lien, which ordered that a fine amount of $3,700.00 for 74 days of non-compliance be reduced to the Administrative Costs totaling $389.64 if paid by November 23, 2019, or the original fine amount would revert to $3,700.00 and be imposed as a lien. As the Administrative Costs were not paid, the fine amount reverted to $3,700.00.
Lien 2 secures Administrative Costs (collectively $664.57) in addition to the accrued Daily Fine amount ($3,700.00) for a total amount of $4,364.57 secured and owed by Lien 2.
The Liens secure Administrative Costs (collectively $1,204.40) in addition to the accrued Daily Fine amount (collectively $193,900.00), for a total amount of $195,104.40. The Liens remain upon the Property.
Financial Summary:
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Property tax parcel #: |
17-21-29-512-0000-0540 |
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Property address: |
1208 Helen Street Apopka, Florida 32703 |
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Ownership date: |
February 8, 1991 |
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Conveyance type: |
Warranty Deed |
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Purchase amount: |
Unknown |
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2024 Assessed Value: |
$165,212.00 |
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LIEN 1 |
LIEN 2 |
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Daily fines accrued: |
$190,200.00 |
$3,700.00 |
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Administrative Costs: |
$539.83 |
$664.57 |
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Total: |
$190,739.83 |
$4,364.57 |
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Collective amount of Liens (including Administrative Costs): |
$195,104.40 |
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Amounts paid or credited against Lien to date: |
$ 0.00 |
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 Liens is $195,104.40. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $165,212.00. The amount of the Liens 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.
For case # 19-112-CEB, the violation of Uncultivated Vegetation was corrected on the day of the Code Enforcement Board’s lien hearing. The Property was in violation for approximately 2.5 months.
For case #19-113-CEB, the violation of Rubbish continued for approximately five years. The Rubbish was removed from the Property as of October 24, 2024.
The Applicant states that the Property was “invaded by Tommy Leon,” and that Applicant tried to have Tommy Leon move things from the Property, eventually evicting Tommy Leon from the Property. The Applicant reports being unaware of the code enforcement issues upon the Property until April 2024. The Applicant reports that the Applicant then cleaned the Property.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property collectively spanned over approximately 5 years. A collective 29.75 hours of staff time were expended, per staff affidavits, on the code enforcement cases.
The Applicant requests that the Board additionally consider the following in its determination to reduce or waive the Liens:
1) Medical hardship: Esther Melton states that Applicant Miguel Leon has serious medical diagnoses and that with the Applicant’s ongoing medical appointments and expenses there is no way they would have the money to pay the Liens. The Applicant provided documentation sufficiently demonstrating Applicant’s medical hardships.
2) Financial hardship: The amount of the Lien exceeds the value of the Property.
3) Financial hardship: Applicant states that there is no financial way to cover these expenses (Liens) due to Miguel Leon’s necessary medical expenses.
4) Administrative costs: Applicant requests a waiver of administrative costs.
Requested Action:
The Applicant requests that the Board consider and make a final determination on Applicant’s request for a total waiver of the two code enforcement Liens to $0.00 and, should the Lien amounts be reduced, authorize the Chairman to execute a Satisfaction of Lien upon payment of the approved reduced amount, if any.