Commission Meeting Agenda Item
Agenda Item Title
Consideration of Waiver/Discharge of a lien for Code Enforcement Case Numbers 18-6725 and 20-7430 in the amount of $415,832 for property located at 205 Brevard Avenue for Violation of Town of Lady Lake Land Development Regulation Section 16-52(a), Building Permit Required; and Town of Lady Lake Code of Ordinances Sections 7-67, Certain Condition, Accumulations Deemed Public Nuisance; and 20-20(A)(1), Residential Property Exterior Maintenance and Appearance Standards.
Agenda Item ID
Growth Management/Code Enforcement
Staff Recommended Motion
Staff recommends complete waiver/discharge and Release of Lien for Code Enforcement Case Number 18-6825 and 20-7430, in the amount of $415,832 for Violation of Town of Lady Lake Land Development Regulation Section 16-52(a), Building Permit Required; and Town of Lady Lake Code of Ordinances Sections 7-67, Certain Condition, Accumulations Deemed Public Nuisance; and 20-20(A)(1), Residential Property Exterior Maintenance and Appearance Standards. The property is located at 205 Brevard Avenue.
The subject property is a residential lot located at Buena Vista Lot 42. Code Enforcement case 18-6725 was opened for conducting structural work without obtaining the required building permits. The property owners at the time, Donna Williams and Harold Canterbury, did not comply. The required Code Enforcement process was followed by notifying the owners of the violation. A daily accruing fine of $250 was imposed and administrative fee of $87. The Order of Fine was recorded at Lake County on November 8, 2018, BK 5196 PGS 333-337, Instrument #201811376 at 10:42 AM.
Code Enforcement case 20-7430 was opened for property maintenance and nuisances. The property had been abandoned but still showed Ms. Williams and Mr. Canterbury had ownership. Single-wide mobile home had been left to the elements and became dilapidated. High grass, weeds and overgrowth of vegetation covered entire lot. Discarded junk, debris and trash was visible and more was concealed by the overgrowth. The property has been ana active area for feral cats, dogs, other animals and pests. The required Code Enforcement process was followed and had attempted to reach the property owners. Research was conducted to locate possible other addresses for Ms. Williams and Mr. Canterbury. A daily accruing fine of $25 was imposed and administrative fee of $87. The Order of Fine was recorded at Lake County on August 2, 2021, BK 5763 PGs 2392-2394, Instrument #2021105945 at 4:00 PM.
In April of 2022, the property was sold through a tax deed sale to GRP Enterprise Realty. In mid-September 2022, I was contacted by Donna Sawyer at Shipley Law Firm and German Rodriquez, new owner who purchased the property at the Tax Deed Sale. They were inquiring about the outstanding liens and the process of getting the liens released. Code Enforcement was then contacted by Chuck Langill, who wished to purchase the property from GRP Enterprise Realty. Mr. Langill was advised that the property must come into compliance with all violations before the fines and liens would cease from accruing. Mr. Langill and Ms. Venne reside in Canada.
On January 3, 2023, I observed the property to be in complete compliance and I ceased the fines from accruing as of 01-02-2023. The grand total of both accrued liens and fees is $415,832. Mr. Langill requested in writing to request a hearing on the waiver of the accrued liens and fees.
The property is currently assessed at $31,459. However, I believe this is not accurate to date as the mobile home has since been demolished and removed from the property. Lake County Property Appraiser valued the mobile home at $14,756 and the lot at $16,703.
The abatement/waiver request was presented to the Special Magistrate on both cases: 18-6725 & 20-7430, at the January 24, 2023, Special Magistrate Hearing. The Recommended Order of the Special Magistrate is the total amount of the liens, $415,832, be waived, discharged and released. Administrative fee of $150 was assessed to Mr. Charles R. Langill and Joanne M. Venne.
Code Enforcement staff recognizes the policy of the Town Commission is to reduce liens to $5000 or 25% of the appraised value of the property. However, Staff supports the request to release and discharge the entire amount of the liens on the following basis:
- Communication from Mr. Langill with Code Enforcement. Mr. Langill contacted Code Enforcement shortly after purchasing the property. He inquired as to what was needed to comply all violations that would cease the fines and liens from accruing. We spoke several times by phone. He frequently updated me on the progress. He has stated he intends to build a new home on the property in the near future.
- Substantial financial expense Mr. Langill has already invested in clean-up of the property. Mr. Langill has submitted an invoice in the amount of $9200.00, which is the amount paid to his contractor for tree permit and removals and demolition permit and work. He has secured regularly scheduled lawncare by a neighbor to ensure maintenance of the property in his absence. He has also secured other expenses in cleaning the junk, debris, garbage and trash and overgrowth of vegetation from the lot.
- Exceptional outcome of the abatement of the violations. The property is in complete compliance and the appearance can be seen in the photos included in the packet.
Source of Funding