Title:
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Reduction of Lien Request - Consideration of Applicant, Krist Nikollaj’s, request for a reduction of the lien of the Code Enforcement Board (Case #22-23-CEB) totaling $140,201.69 ($139,700.00 in accrued daily fines and $501.69 in administrative costs) to the reduced amount of $5,000.00. The subject property is located at *Unassigned, Chuluota, Tax Parcel ID: 21-21-32-5CF-9000-0010. District 1 - Commissioner Dallari (Alexis Valle, Code Enforcement 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:
Krist Nikollaj (“Applicant”), Vice President of Two Headed Eagle Inc., a Florida Profit Corporation, 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”). Two Headed Eagle, Inc., owned the subject property at the time this application was submitted to the County. Two Headed Eagle, Inc., subsequently conveyed title of the subject property to its current owner, Elonida Lekaj, who provided written authorization for Applicant to continue with this request.
The Applicant requests a reduction of the code enforcement lien upon Tax Parcel # 21-21-32-5CF-9000-0010 (the “Property”), which is not currently assigned a street address.
The Code Enforcement lien at issue, recorded on August 1, 2024, in Book 10671 at Pages 1422-1423, Official Records of Seminole County, Florida (the “Lien”), secures the County’s interest in the collective amount of $140,201.69 ($139,700.00 in accrued daily fines and $501.69 in administrative costs).
The Lien was imposed upon the Property while it was owned by the Applicant. The Applicant, who brought the Property into compliance, seeks a reduction of the Lien to $5,000.00 and requests a refund of the $500.00 application fee.
Information specific to the violation of Seminole County Code:
A background timeline is provided as an attachment to this item, with the pertinent summary provided below.
The Applicant is the original Property owner and was cited by a Code Enforcement Officer on January 7, 2022, for a violation of Section 30.1245, Prohibited Signs, Land Development Code of Seminole County. The notice of violation described that free standing signs which advertise or announce business where the business is not located are not a permitted use in the R-1 zoning district. The corrective action required removal of the sign from the Property.
On April 28, 2022, the matter came before the Code Enforcement Board, which issued a Findings of Fact, Conclusion of Law and Order giving the Respondent a compliance date of May 16, 2022, or a fine of $100.00 per day may be imposed.
On May 19, 2022, an Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection revealed that the corrective action ordered by the Code Enforcement Board had not been completed.
At a compliance hearing held on January 25, 2023, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing a Fine/Lien imposing the amount of $25,500.00 for 255 days of noncompliance at $100.00 per day and continuing to accrue at a rate of $200.00 per day for each day the violation continues past January 26, 2023.
On August 22, 2024, an Affidavit of Compliance was filed by the Code Enforcement Officer after a re-inspection of the Property was conducted on August 20, 2024, concluding the violation had been remedied by removing the signage from the Property.
On September 9, 2024, an Application for Reduction of Lien was filed with the Clerk with the Applicant’s request to have a reduction of the Lien to $5,000.00, with the possibility to have the $500.00 application fee refunded.
The Property was sold to Elonida Lekaj on December 26, 2024, via Quit Claim Deed, recorded on December 30, 2024, Book 10750 and Pages 359-360, Official Records of Seminole County, Florida. Such Quit Claim Deed conspicuously provides “This property is being sold at a discounted rate because it is subject to outstanding taxes, mortgages and liens as disclosed on WFG National title insurance company commitment number 2572539FL-A Dated December 13, 2024. The preparer has advised of the concerns and risks associated therewith and the parties, by separate affidavit, have elected to proceed.”
The Lien secures Administrative Costs (collectively $501.69) in addition to the accrued Daily Fine amount ($139,700.00) for a total amount of $140,201.69 secured and owed by the Lien.
Financial Summary:
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Property tax parcel #: |
21-21-32-5CF-9000-0010 |
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Property address: |
*Unassigned, Chuluota, FL 32766 |
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Ownership date: |
December 26, 2024 |
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Conveyance type: |
Quit Claim Deed |
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Purchase amount: |
Unknown |
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2024 Assessed Value: |
$ 98,108.00 |
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Daily fines accrued: |
$139,700.00 |
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Administrative Costs: |
$ 501.69 |
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Amounts paid or credited against Lien to date: |
$ 0.00 |
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Lien amount (including administrative costs): |
$ 140,201.69 |
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.
Per the Property Appraiser information, the 2024 certified assessed value of the Property is $98,108.00. The amount of the Lien totals $140,201.69, which is more 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 prohibited signage was physically removed from the Property upon re-inspection by the Code Enforcement Officer on August 20, 2024. As to compliance, Applicant states that his brother “promptly took down the sign, but, regrettably, did not remove it entirely from the property, which I now understand was a mistake.” The Applicant states “unfortunately, around this time, my brother suffered a stroke, which greatly impacted his memory and ability to handle responsibilities. As a result, the matter was left unresolved due to his health condition, and I was not fully informed about the incomplete removal.”
(c) The amount of staff time expended to bring the property in compliance.
The non-compliance upon the Property spanned approximately 2 years and 8 months. A collective 12.25 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 the Lien:
1) Medical hardship: Applicant states “this situation arose due to genuine miscommunication and unforeseen health issues” of his brother, who was initially in charge of managing the Property. Once the Applicant was fully aware of the issue, he remedied the violation.
2) Administrative costs: Applicant is not requesting a reduction or waiver of administrative costs. However, the Applicant does request a return of the $500.00 application fee.
Requested Action:
The Applicant requests that the Board consider and make a final determination on Applicant’s request for a reduction of the Lien to $5,000.00 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.