Title
Partial Release of Lien Affecting 2608 ½ NW 8th Street, Tax Parcel #08311-000-000 (B)
This item requests that the City Commission release the above-referenced properties from the lien arising from Code Enforcement Board Cases: #CEB 2010-142; #CEB 2010-143; and #CEB 2010-151.
Explanation
This item supports City Commission Strategic Initiative 6.1: Strengthen the effectiveness & transparency of Code Enforcement.
On some occasions property owners have Code Enforcement Board (CEB) liens filed on multiple properties as permitted by 162.09(3) Florida Statutes, which allows liens "against the land on which the violation exists and upon any other real or personal property owned by the violator" (see Attachment "A" Florida Statutes). On some occasions these liens serve as a barrier to those who would rehabilitate properties affected by a CEB lien that is recorded against multiple properties. In such cases, the greater need of the community may be served by the release of such properties from existing liens when the equity of the city lien is protected by other such properties. The authority of the CEB is limited and only the City Commission may execute a release of lien entered pursuant to 162.09, Florida Statutes.
Fannie Mae a/k/a Federal National Mortgage Association is requesting the City Commission to release such a lien affecting 2608 ½ NW 8th Street, Tax Parcel #08311-000-000 (see Attachment A). The properties with the original violations were:
The Code Enforcement Board issued an order on December 20, 2010 (Case# CEB 2010-142) finding Bonnie Laslo guilty of violating Sections of Chapter 13 of the Gainesville Code of Ordinances at 818 NW 3rd Avenue, Tax Parcel #13748-000-000. Ms. Laslo was provided 10 days to bring the property into compliance and failed to do so. Therefore, as provided for by F.S. 162.09(3) a lien was filed "against the land on which the violation exists and upon any real or personal property owned by the violator" (see Attachment B).
The Code Enforcement Board issued an order on December 20, 2010 (Case# CEB 2010-143) finding Bonnie Laslo guilty of violating Sections of Chapter 13 of the Gainesville Code of Ordinances at 810 NW 3rd Avenue, Tax Parcel #13748-001-000. Ms. Laslo was provided 10 days to bring the property into compliance and failed to do so. Therefore, as provided for by F.S. 162.09(3) a lien was filed "against the land on which the violation exists and upon any real or personal property owned by the violator" (see Attachment B). On January 8, 2013, the bank holding the mortgage for this property had a successful foreclosure and is the current owner.
The Code Enforcement Board issued an order on January 20, 2011 (Case# CEB 2010-151) finding Bonnie Laslo guilty of violating Sections of Chapter 13 of the Gainesville Code of Ordinances at 3443 NW 1st Court, Tax Parcel #06494-005-000. Ms. Laslo was provided 10 days to bring the property into compliance and failed to do so. Therefore, as provided for by F.S. 162.09(3) a lien was filed "against the land on which the violation exists and upon any real or personal property owned by the violator" (see Attachment B).
On January 29, 2013, Fannie Mae a/k/a Federal National Mortgage Association acquired the parcel located at 2608 ½ NW 8th Street through foreclosure. This property was previously owned by Bonnie Laslo and subject to the aforementioned liens. At this time no city ordinance violations exist at 2608 ½ NW 8th Street and the property is located within the Stephen Foster Neighborhood. The petitioner's request is that the property acquired by it be released from the lien placed on the property by Cases #CEB 2010-142; #CEB 2010-143; and #CEB 2010-151 which continue to be in violation and therefore secures that fine. On April 16, 2013, the total fines imposed for all three cases was assessed at $499,700 and is currently accruing at $250 per day for two cases and $100 per day for one case.
Fiscal Note
No additional costs other than staff time. This is a partial release only as the foregoing described property; as to all other property encumbered by the lien, the order imposing fine continues to be in full force and effect.
Recommendation
The City Commission release 2608 ½ NW 8th Street, Tax Parcel 08311-000-000 from Code Enforcement Board liens related to CEB Cases #CEB 2010-142; #CEB 2010-143; and #CEB 2010-151.