Title:
title
Reduction of Lien Request - Consideration of Applicant, Morgan Voke and Deborah Longstaff’s, appeal of the Deputy County Manager’s denial of requested lien waiver of Code Enforcement Board lien, Case number: 16-38-CEB, to $0.00, The subject property is Tax Parcel # 18-21-30-509-0000-0180, located at 1059 Williams Street in Altamonte Springs, FL 32701, District4 - Lockhart (Alexis Brignoni, Code Enforcement Clerk)
end
Division:
division
Development Services
body
Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Alexis Brignoni/407-665-7403
Background:
Morgan Voke 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 a reduction of a code enforcement lien upon Tax Parcel # 18-21-30-509-0000-0180 (the “Property”), with a street address, at the time of the violation, of 1067 Williams Street, Altamonte Springs, FL 32701.
The Code Enforcement Board lien at issue, recorded on October 2, 2017, OR Book 8998, Pages 255-256, Official Records of Seminole County, Florida (the “Lien”), secured the County’s interest in the collective amount of $41,117.00 ($40,500.00 in daily fines; $617.00 in administrative costs).
The Lien was imposed upon the Property while under the previous ownership of Horis Mack, the “Respondent” of Case number 16-38-CEB.
Information specific to the violation of Seminole County Code:
In June 2015, County Code Enforcement observed upon the Property the remains or rubbles of structures (as defined by Section 95.3(i), Seminole County Code [“SCC”]) in violation of Section 95.4, Creation or maintenance of nuisances prohibited. A notice of violation for Case number 16-38-CEB was provided to the Respondent with a corrective action to “Remove and/or repair the remains or rubble of structures, which have been burned, stricken by other casualty or demolished.”
On March 24, 2016, 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 May 6, 2016. Several orders continuing the case were issued thereafter. Compliance was achieved on June 15, 2017.
At a compliance hearing held on August 24, 2017, the Code Enforcement Board issued an Order Finding Non-Compliance and Imposing Fine/Lien which stated as follows:
“…it is hereby Ordered that a fine in the amount of $40,500.00, for 405 days of non-compliance, from May 7, 2016, through and including June 15, 2017, $100.00 per day, is hereby reduced to the Administrative Costs totaling $617.00. It is further Ordered that the reduced amount of $617.00 shall be paid by September 22, 2017 or the fine will revert to the original amount of $40,500.00 and be imposed as a lien.”
However, as no payment was received, the fine amount reverted to $40,500.00.
The Applicant has purchased, at respective Tax Deed sales, multiple properties previously owned by Horis Mack and upon which County code enforcement liens exist. As further explained below, as a result of surplus funds received by the County following related tax deed sales, the remaining collective amount secured by the Lien is $24,781.10.
The Applicant purchased the Property via a tax deed sale in April 2024. It is unknown whether a title search was performed prior to the 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.
Applicant’s Tax Deed purchase of adjacent property:
According to the Applicant, the Applicant initially purchased a separate parcel, (Tax Parcel # 18-21-30-509-0000-019A, then addressed as 1059 Williams Street) (the “House Property”), which abutted the Property. A Tax Deed (Tax Deed File No. 3609-2021) for the November 30, 2023, purchase of the House Property by the Applicant reflects a purchase price of $102,500.00 and was recorded on December 12, 2023, OR Book 10550, Page 1457, Official Records of Seminole County, Florida. The Applicant provides that at that time, the Applicant cleaned up the excessive overgrowth and trash on the Property, even though he did not own the Property yet. Surplus funds were available as a result of the Tax Deed sale of the House Property and the County submitted a claim for and received these funds.
Applicant’s Tax Deed purchase of Property:
The Applicant states that upon discovering that the house built on the House Property encroached several feet onto the Property, Applicant purchased the Property at a tax deed sale and combined the two properties to rectify the encroachment. A Tax Deed (Tax Deed File No. 3376-2021) for the April 4, 2024, purchase of the Property by the Applicant reflects a purchase price of $37,990.00 and was recorded on April 12, 2024, OR Book 10611, Page 1636, Official Records of Seminole County, Florida. Surplus funds were available as a result of the tax deed sale of the Property and the County submitted a claim for and received these funds.
The Seminole County Property Appraiser’s Office shows that Tax Parcel # 18-21-30-509-0000-0180 (the Property) has a street address of 1059 Williams Street, Altamonte Springs, Florida 32701.
Application of Surplus Funds received from Tax Deed sales to County Code Enforcement Liens:
Multiple County code enforcement liens adjudicated against Horis Mack attached to the Property. Surplus funds were available following each of the aforementioned Tax Deed sales and the County submitted claims for each.
The County received surplus funds in the amount of $92,496.93 from the tax deed sale of the House Property (Tax Deed File No. 3609-2021). The County received surplus funds in the amount of $28,105.28 from the tax deed sale of the Property (Tax Deed File No. 3376-2019). Thus, the County received a collective surplus funds amount of $120,602.21 (“Surplus Funds”).
The Surplus Funds were applied to County code enforcement liens upon the Property as follows:
1) A “Release of Lien as to Particular Parcel”, for payment in full, was recorded on July 26, 2024, OR Book 10667, Page 1407, Official Records of Seminole County, Florida.
This document released the “Findings of Fact, Conclusions of Law, and Order Imposing Lien for Cost of Public Nuisance Abatement” relating to Tax Parcel # 18-21-30-509-0000-0180 and recorded on October 2, 2017, OR Book 8998, Page 84, Official Records of Seminole County, Florida.
Lien amount: $13,216.31.
2) A “Satisfaction of Code Enforcement Lien”, for payment in full, was recorded on September 4, 2024, OR Book 10689, Page 1425, Official Records of Seminole County, Florida.
This document released the “Order Reducing Fine” relating to Tax Parcel # 18-21-30-509-0000-0180 and recorded on October 30, 2020, OR Book 9748, Page 1165, Official Records of Seminole County, Florida.
Lien amount: $3,600.00.
3) A “Satisfaction of Code Enforcement Lien”, for payment in full, was recorded on September 4, 2024, OR Book 10689, Page 1426, Official Records of Seminole County, Florida.
This document released the “Order Finding Non-Compliance and Imposing Fine/Lien on a Repeat Violation” relating to Tax Parcel # 18-21-30-509-0000-0180 and recorded on February 2, 2022, OR Book 10161, Page 1521, Official Records of Seminole County, Florida.
Lien amount: $87,450.00.
4) “Order Finding Compliance and Imposing Fine/Lien” relating to Tax Parcel # 18-21-30-509-0000-0180 and recorded on October 2, 2017, OR Book 10161, Page 1521, Official Records of Seminole County, Florida.
This is the Lien at issue. The Lien amount initially secured by the Lien was $41,117.00 ($40,500.00 in daily fines; $617.00 in administrative costs). Following the satisfaction and release of the three abovementioned liens, an amount of $16,335.90 in Surplus Funds remained and, given that such amount did not fully satisfy the Lien, resulted in a $16,335.90 credit against the total amount secured by the Lien. Thus, the remaining amount secured and owed by the Lien at this time is $24,781.10.
The Lien secures Administrative Costs ($617.00) in addition to the accrued daily fine amount ($40,500.00), the total amount secured by the Lien was originally $41,117.00. As Surplus Funds in the amount of $16,335.90 have been credited against the Lien, the remaining amount secured and owed by the Lien is $24,781.10.
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 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 reaching 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 entirely waive the remaining amount secured by the Lien ($24,781.10) for the following reasons:
1) Community improvement: The Applicant contends that Applicant did not create any Property violations, yet rectified Property violations. Applicant reports having “cleaned up the vacant property next door” (the Property) prior to the anticipated ownership thereof, ridding the neighborhood of an eyesore which attracted rats and unhealthy animals, and which encouraged dumping of trash.
2) The Applicant claims that the County has received “$91,050” in funds toward County code enforcement liens upon the Property given the “overpayment of our money in purchasing these two properties.” As explained above the County actually received a collective total of $120,602.21 in Surplus Funds.
3) The Applicant requests that the Board reconsider the application, and generally, the County’s lien reduction process. Applicant contends 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.
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 Lien to $0.00 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.