Title
Request for the Release of a Lien - 1025 NE 5th Place, Tax Parcel 12539-018-000 (B)
The potential new property owner is requesting the City Commission release the administrative lien on 1025 NE 5th Place.
Explanation
The potential new owner of a vacant property located at 1025 NE 5th Place, parcel #12539-018-000, is requesting the City Commission release the lien the City attached to the parcel to recover costs associated with several City sponsored abatements of violations that have existed. In each of the situations listed the City’s Code Enforcement Division utilized City funds to remove a violation which was then billed to the current property owner. The bills went unpaid and were subsequently attached to the property as a lien. There is now a potential buyer who would like the liens to be removed prior to the purchase of the property. The buyer’s intent is to construct a 1,300 - 1,600 square feet single-family residence on the property, and the buyer purports that release of liens will make that feasible for them. Because the liens were a result of City funds used to abate the violations, the City Commission must decide whether or not to grant the request.
From 2007-2014, the City’s Code Enforcement Division performed four abatements at a total cost of $10,479.95. The City first demolished a dangerous structure in 2008 for $9,712.96. In 2010, 2011, 2014, the City preformed a hazardous lands abatement due to the excessive overgrowth of the vegetation for a total of $767.00. The current property owner is the child of the original owner who inherited the property.
The $10,479.95 lien that is the subject of this request differs from a lien resulting from Special Magistrate for Code Enforcement levied fines in that it is an attempt to recover actual costs for the City’s abatement of a violation on private property. Although the abatement does provide a benefit to the property owner because it remedies an issue on their property, the purpose of performing the abatement is to remove blight due to a nuisance property for the benefit and wellbeing of surrounding property owners and the community. Generally the release of an administrative lien is not recommended for approval by staff as they are real costs incurred by the City to abate a hazardous condition on private property. However, in some cases the release may be appropriate due to the benefit gained through the release such as the provision of affordable housing, the return of the property to productive use, or the removal of a nuisance property. The City Commission has acted on four similar requests in 2011, 2013 and 2016. In 2011, a lien resulting from the demolition of a dangerous structure was reduced from $4,136.90 down to $2,136.90. The property was vacant and the neighboring property owner wanted to acquire it. A second case in 2011 involved a vacant property that was cleared three times through the City’s hazardous lands abatement program which resulted in a $3,571.00 lien. In this case, the City Commission approved the request to remove the $3,571.00 lien. In 2013 and 2016, the City Commission released two liens at the request of Alachua Habitat for Humanity in the amount of $242 and $772 respectively.
Fiscal Note
The lien in place on tax parcel #12539-018-000 is an administrative cost lien to reimburse the City for the abatement of four violations for a total of $10,479.95. Any reduction or removal of the lien will diminish or eliminate any future opportunity to recover those funds.
Recommendation
The City Commission: 1) receive a request to remove the lien from tax parcel #12539-018-000; and 2) deny the request.
Alternative Recommendation
The City Commission: 1) receive a request to remove the lien from tax parcel #12539-018-000; and 2) consider reducing the lien or rescinding the lien. If either of these options are considered the City will either partially or fully lose the potential to recover the costs associated with the City maintaining the property.