Title:
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Consider a request to reduce a Code Enforcement Special Magistrate lien, from $84,300.00 to $4,000.00, for Case # 18-23-CESM, on the property located at 3451 Dawn Court, Lake Mary, Tax Parcel ID: 02-20-29-503-0000-0120, (Ahmad Mohammed, Applicant); District5 - Herr (Liz Parkhurst, Planning and Development 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/407-665-7403
Motion/Recommendation:
1. Deny a reduction of Code Enforcement Special Magistrate lien from $84,300.00 to $4,000.00, for Case # 18-23-CESM, on property located at 3451 Dawn Court, Lake Mary, Tax Parcel ID: 02-20-29-503-0000-0120, owned by Ahmad Mohammed, (Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $84,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full;
2. Approve a reduction of the Code Enforcement Special Magistrate lien, from $84,300.00 to $4,000.00, for Case # 18-23-CESM, on property located at 3451 Dawn Court, Lake Mary, Tax ID: 02-20-29-503-0000-0120, owned by Ahmad Mohammed, (Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $84,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or
3. Approve a reduction to the Code Enforcement Board lien, from $84,300.00 to the total administrative costs of $565.09, for Case # 18-23-CESM, on property located at 3451 Dawn Court, Lake Mary, Tax Parcel ID: 02-20-29-503-0000-0120, owned by Ahmad Mohammed, (Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $84,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or
4. Continue the item to a date and time certain.
Background:
In response to a complaint on September 21, 2017, the Building Inspector observed the following violation located at 3451 Dawn Court, Lake Mary: interior alterations creating a living space in the garage without the required permits, in violation of Seminole County Code Chapter 40, Appendix A, Section 105.1.
At the August 9, 2018 and October 8, 2018 hearings, the Respondent requested a continuation of the hearing to allow more time to obtain a contractor. The Special Magistrate issued an Order granting a continuation both times.
On November 8, 2018, the Code Enforcement Special Magistrate issued an Order, setting a compliance date of January 10, 2019.
An Affidavit of Non-Compliance was filed by the Building Inspector after re-inspection on January 15, 2019.
On March 14, 2019, the Code Enforcement Special Magistrate issued an Order finding Non-Compliance Imposing Fine/Lien, with the fine continuing to accrue until compliance is obtained.
The current property owner, Ahmad Mohammed, Tutinvestment Homes LLC, purchased the property on July 8, 2022, with knowledge of the Code Enforcement violation and imposed lien with fines continuing to accrue. To obtain the building permits as an Owner/Builder, the property owner Tutinvestment Homes LLC recorded a Quit Claim Deed transferring ownership of the property to the applicant Ahmad Mohammed.
The current property owner remedied the violation, and an Affidavit of Compliance was filed by the Building Inspector after confirmation on June 22, 2023. The current property owner brought the property into compliance.
The property was in violation for 1,686 days resulting in a lien totaling $84,300.00. The property owner submitted the request for a reduction of code enforcement lien offering to pay $4,000.00 to satisfy the accrued code enforcement lien.
On November 6, 2023, a notice of Board hearing letter was sent that incorrectly listed the hearing date as December 14, 2023. The applicant came to the offices on December 14th to find that the hearing was held earlier in the week, on December 12th. As this was a staff error, staff rescheduled this case to provide due process and allow the applicant an opportunity to discuss his case with the Board.
A background timeline is attached.
According to Seminole County Administrative Code, Section 3.20 Code Enforcement Lien Requests for Waivers/Reductions the following items should be considered when evaluating a lien reduction request:
(a) The amount of the lien as compared to the value of the property -
Per the Property Appraiser information, the 2023 certified assessed value of the property is $497,429.00. The lien totals $84,300.00.
(b) The actions taken, or not taken, by the property owner in attempting to abate the code violation -
The Applicant expended funds and brought the property into compliance.
(c) The amount of staff time expended to bring the property in compliance
The estimated administrative costs on this matter total: $565.09.
After review of Section 3.20, Staff determined that while the applicant obtained the required permits to correct the violations, he knew of the violations and the imposed liens prior to purchase of the property. Therefore, the request failed Section 3.20,B,(2)(a) Seminole County Administrative Code: If a property owner has purchased property on which a lien was recorded, a waiver or reduction on lien shall not be granted, in such cases, the lien should have been considered in reaching a purchase price.
However, it is within the Board’s discretion to consider Mr. Mohammed’s settlement offer since he brought the property into compliance.
Requested Action:
Staff recommends the Board of County Commissioners deny the request for reduction of the Code Enforcement Special Magistrate lien, from $84,300.00 to $4,000.00, for Case # 18-23-CESM, on the property located at 3451 Dawn Court, Lake Mary, Tax Parcel ID: 02-20-29-503-0000-0120, owned by Ahmad Mohammed, (Applicant); require payment of the lien in the amount of $84,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full.