Title:
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Reduction of Lien Request - Consideration of Applicant, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust’s, request for a reduction of a Code Enforcement lien (Case # 18-88-CEB) to $2,200.00. The subject property is located at 345 Feather Place, Longwood, FL 32779, Tax Parcel ID: 04-21-29-518-0000-0150, District 3 - Lee 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 U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (the “Applicant”), submits 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 requests a reduction of the code enforcement lien upon Tax Parcel # 04-21-29-518-0000-0150 (the “Property”), with a street address of 345 Feather Place, Longwood, FL 32779. The Code Enforcement lien at issue, recorded on February 6, 2019, Book 9294 at Pages 739-740, Official Records of Seminole County, Florida (the “Lien”), secured the County’s interest in the collective amount of $233,772.59 ($233,400.00 in accrued daily fines; $372.59 in administrative costs).
The Lien was imposed upon the Property while owned by the Applicant.
Information specific to the violation of Seminole County Code:
In March 2018, County Code Enforcement observed upon the Property an unmaintained fence, in violation of Section 30.1349(e), Fence requirements, Land Development Code of Seminole County. A Notice of Violation issued on June 8, 2018, requiring the corrective action of repairing the fence to its original, upright condition.
On September 27, 2018, 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 October 12, 2018, 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 October 17, 2018.
At a compliance hearing held on January 24, 2019, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $10,400.00 for 104 days of non-compliance as of January 24, 2019, and ordered that a fine continue to accrue at $100.00 per day until compliance is obtained.
On March 6, 2025, an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection finding compliance as of March 4, 2025. As a daily fine of $100.00 continued to accrue from January 25, 2019, through March 3, 2025 (2230 days), an additional $223,000.00 accrued in daily fines since imposition of the Lien.
The Lien secures Administrative Costs (collectively $372.59) in addition to the accrued daily fine amount ($233,400.00) for a total amount of $233,772.59 secured and owed by the Lien.
Financial Summary:
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Property tax parcel #: |
04-21-29-518-0000-0150 |
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Property address: |
345 Feather Place, Longwood, FL 32779 |
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Ownership date: |
October 15, 2015 |
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Conveyance type: |
Certificate of Title |
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Purchase amount: |
Applicant foreclosed mortgage to obtain title to Property. A Certificate of Disbursements indicates that no money was received or disbursed from the sale of the Property. |
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2024 Assessed Value: |
$ 387,835.00 |
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Daily fines accrued: |
$ 233,400.00 |
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Administrative Costs: |
$372.59 |
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Amounts paid or credited against Lien to date: |
$ 0.00 |
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Lien amount (including administrative costs): |
$ 233,772.59 |
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 $233,772.59. The Seminole County Property Appraiser provides that the 2024 certified assessed value of the Property is $387,835.00. The amount of the Lien is less than 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 Applicant hired a fence company to assist with the fence. The Applicant states that a new fence was installed. The Applicant states “I can’t say why the fence company didn’t request a new inspection.” The Applicant provided a screenshot of an approved status for a fence permit via the County permits section on the County website as of March 31, 2020. The Applicant does not report contacting code enforcement to confirm compliance at that time.
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property spanned 7 years. A collective 8.25 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) Upon researching the status of a fence permit for the Property, the Applicant has submitted a screenshot of the permit status showing approved 5 years prior to this request.
Requested Action:
The Applicant requests that the Board consider and make a final determination on the Applicant’s request to reduce the Lien to $2,200.00 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.