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Reduction of Lien Request - Consideration of Applicant Morgan Voke and Deborah Longstaff’s Appeal of the Deputy County Manager's denial of requested lien reduction for Code Enforcement Board liens (Case numbers: 19-133-CEB, 19-134-CEB and 21-07-CESM) to $0.00. The subject property is Tax Parcel # 03-21-29-505-0X00-0180, located on Mohawk Lane, Altamonte Springs, FL 32701. District3 - Constantine (Alexis Brignoni, 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 Brignoni/407-665-7403
Background:
Morgan Voke, Applicant, submits this appeal on behalf of himself and Deborah Longstaff (current owners) (the “Applicant”). The Applicant submits an appeal to the Board of County Commissioners (the “Board”), pursuant to Seminole County Administrative Code Section 3.20 B. (3), of the Deputy County Manager’s denial of Applicant’s request for reduction of code enforcement liens upon Tax Parcel # 03-21-29-505-0X00-0180 (the “Property”), with a street address provided by the Seminole County Property Appraiser, at the time of the violation, of 111 Mohawk Lane, Altamonte Springs, FL 32714. The Seminole County Property Appraiser’s office does not currently reflect a street address for the Property. The code enforcement liens at issue were recorded, respectively, on March 6, 2020, in OR Book 9553, at Page 954, on March 6, 2020, in OR Book 9553, at Page 956, and on October 21, 2021, in OR Book 10075 at Page 1960, Official Records of Seminole County, Florida (the “Liens”), and secured the County’s interest in the collective amount of $292,056.62 ($289,850.00 in accrued daily fines; $2,206.62 in administrative costs).
The Liens were imposed upon the Property while under the previous ownership of Kimberly Crow, the “Respondent” in all code enforcement cases (case numbers 19-133 CEB, 19-134 CEB, and 21-07-CESM).
Information specific to the violations of Seminole County Code:
Case No. 19-133-CEB: On March 4, 2019, the Code Enforcement Officer observed upon the Property the remains or rubble of a structure (defined as a nuisance by Section 95.3(c), Seminole County Code [“SCC”]) in violation of Section 95.4, Creation or maintenance of nuisances prohibited. A Notice of Violation was provided to the Respondent with a corrective action to “Remove the rubble of a structure (mobile home) from the Property.” Compliance was not achieved, thus the case progressed.
On August 22, 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 September 22, 2019, or a fine of $100/day may be imposed.
At a compliance hearing held on February 27, 2020, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $15,800.00 for 158 days of non-compliance and ordered that a fine continue to accrue at $100.00 per day until compliance is achieved. The Affidavit of Compliance states the Property was brought into compliance as of February 20, 2024. Amounts secured by the lien are delineated below.
Case No. 19-134-CEB: On March 4, 2019, the Code Enforcement Officer 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. A Notice of Violation was provided to the Respondent with a corrective action to “Remove the uncultivated vegetation from the Property.” Compliance was not achieved, thus the case progressed.
On August 22, 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 September 22, 2019, or a fine of $50/day may be imposed.
At a compliance hearing held on February 27, 2020, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which imposed a fine in the amount of $7,900.00 for 158 days of non-compliance and ordered that a fine continue to accrue at $50.00 per day until compliance is achieved. The Affidavit of Compliance states the Property was brought into compliance as of February 20, 2024. Amounts secured by the lien are delineated below.
Case Number 21-07-CESM: On February 3, 2020, a County Inspector observed upon the Property a violation relating to demolition of a mobile home without a permit, in violation of Chapter 40, Appendix A, Sec. 105.1, Construction without the required permits. A Notice of Violation was provided to the Respondent with a corrective action to “obtain all required permits for work that has been done.” Compliance was not achieved, thus the case progressed.
On May 13, 2021, 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 July 14, 2019, or a fine of $50/day may be imposed.
At a compliance hearing held on October 14, 2021, the Code Enforcement Special Magistrate issued an Order Providing for Final Costs and Imposing Lien which imposed a fine in the amount of $4,600.00 for 92 days of non-compliance and ordered that a fine continue to accrue at $50.00 per day until compliance is achieved. The Affidavit of Compliance states the Property was brought into compliance as of March 5, 2024. Amounts secured by the lien are delineated below.
As further explained below, as a result of surplus funds received by the County following a tax deed sale of the Property, the remaining collective amount secured by the Liens is $275,204.42. The Applicant, who brought the Property into compliance, seeks a full waiver of the Liens.
Breakdown of Liens on the Property:
1) Case No. 19-133-CEB: Order Finding Non-Compliance and Imposing Fine/Lien, recorded on March 6, 2020, in Book 9553 at Page 954, Official Records of Seminole County, Florida.
a. Daily fines accrued: $161,100.00
b. Administrative fees: $836.11
c. Total secured by lien: $161,936.11
2) Case No. 19-134-CEB: Order Finding Non-Compliance and Imposing Fine/Lien, recorded on March 6, 2020, in Book 9553 at Page 956, Official Records of Seminole County, Florida.
a. Daily fines accrued: $80,550.00
b. Administrative fees: $836.11
c. Total secured by lien: $81,386.11
3) Case number 21-07-CESM: Order Providing for Final Costs and Imposing Lien, recorded on October 21, 2021, in Book 10075 at Page 1960, Official Records of Seminole County, Florida.
a. Daily fines accrued: $48,200.00
b. Administrative fees: $534.40
c. Total secured by lien: $48,734.40
Applicant’s Tax Deed purchase of the Property:
The Applicant purchased the Property for $23,000.00 in February 2024 via a tax deed. It is unknown as to whether a title search was performed prior to Applicant’s purchase of the Property.
Per Section 197.552, Florida Statutes, a lien of record held by a county government unit, when such lien is not satisfied as of the disbursement of proceeds of sale, survives the issuance of a tax deed.
Application of Surplus Funds received from the Tax Deed sale to the Liens:
A tax deed (Tax Deed File No. 1871-2021) for the February 8, 2024, purchase of the Property by the Applicant reflects a purchase price of $23,000.00 and was recorded on February 16, 2024, in OR Book 10581 at Page 552, Official Records of Seminole County, Florida (“Tax Deed”). Surplus funds were available as a result of the Tax Deed sale of the Property in the amount of $16,852.20 and the County submitted a claim for same.
A check for surplus funds in the amount of $16,852.20 (“Surplus Funds”) was received by the County as a result of the Tax Deed sale. Since the Surplus Funds could not satisfy any of the Liens in full, the amount received resulted in a $16,852.20 credit against the $48,734.40 total amount secured by the Order Providing for Final Costs and Imposing Lien (Case number 21-07-CESM), recorded on October 21, 2021, in OR Book 10075 at Page 1960, Official Records of Seminole County, Florida. Thus, the remaining amount secured and owed for Case number 21-07-CESM is $31,882.20.
The Liens secure Administrative Costs (collectively $2,206.62) in addition to the accrued daily fine amount (collectively $289,850.00), for a total original amount of $292,056.62. Surplus Funds in the amount of $16,852.20 were credited toward one of the liens (Case number 21-07-CESM) resulting in the total remaining amount of $275,204.42 secured and owed by the Liens. Thus, all the Liens remain upon the Property.
Denial of the Applicant’s Request for Reduction:
The Deputy County Manager’s denial of Applicant's request for reduction was based upon a determination that the request failed to meet the following guideline established by the Board:
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 reach a purchase price. Section 3.20 B.(2)(a), Seminole County Administrative Code.
Review Criteria:
Section 3.20 B. (3), Seminole County Administrative Code, provides:
If the Deputy County Manager determines that the request fails any one of the above-established guidelines, the Deputy County Manager shall issue a written denial of the request. If the applicant wishes to appeal the Deputy County Manager’s decision to the Board, the applicant may do so by filing a written appeal with the Deputy County Manager stating why the Board should make an exception to its established guidelines and reduce or waive the lien. Upon receipt of a proper appeal, the Deputy County Manager shall present the information to the Board of County Commissioners at a regular meeting for their consideration and final determination.
The Applicant requests that the Board make an exception to its established guidelines and reduce or waive the total remaining amount of $275,204.42 secured and owed by the Liens for the following reasons:
1) Community improvement: The Applicant’s appeal asserts that “we are trying to improve this area and immediately got the property cleaned up and in compliance…” The Applicant contends that Applicant did not create any Property violations, yet quickly rectified Property violations which “impact the entire surrounding area,” given rats, homeless camps, etc., that “take advantage of” such situations. Applicant reports having taken care of the code enforcement violations “within less than a week,” following the Property having been “an eyesore for all neighbors for many years.” The Applicant undertook the actions necessary to bring the Property into compliance quickly after obtaining ownership of the property by removing the rubble of a structure, cutting the uncultivated vegetation, and receiving the proper permits for the unpermitted construction.
2) Applicant corrected the violations: The violations were not caused by the Applicant, who quickly remedied the violations after acquiring the Property.
3) Administrative costs: The Applicant is requesting a reduction or waiver of administrative costs. Additionally, the Applicant requests that their application fee for this appeal be waived, and, rather than being returned to Applicant, that it be used for a less fortunate individual’s lien reduction application fee.
4) The Applicant requests that the Board reconsider the application, and generally, the County’s lien reduction process. Applicant asserts that if liens are automatically denied for certain reasons rather than evaluated on a case-by-case basis, people will not be willing to purchase and improve dilapidated properties which have existing liens, to the detriment of the community.
5) The Applicant submitted one request for a collective reduction of the Liens “from $290,100.00” to the amount $16,852.20, with one caveat: The Applicant contends that as the Applicant purchased the Property at the Tax Deed sale, the Applicant has “already paid” the $16,852.20, given the Surplus Proceeds received by the County from the Tax Deed sale of the Property. In actuality, the Applicant is requesting a full waiver/reduction of the remaining amounts (thus inclusive of all daily fines and administrative costs) secured by the Liens from $275,204.42 to $0.00.
Requested Action:
The Applicant requests that the Board consider and make a final determination on Applicant’s written appeal from the Deputy County Manager’s denial of Applicant’s request for reduction of the Liens to $0.00 and, should the amounts of the Liens be reduced, authorize the Chairman to execute the respective Satisfactions of Liens upon payment of the approved reduced amount, if any.