Title
PARTIAL RELEASE OF LIEN AFFECTING 704 NW 6TH AVE., TAX PARCEL #13564-000-000 (B)
Explanation
This item requests that the City Commission release the above-referenced property from the lien arising from Code Enforcement Board Case No. CEB 2008-064, styled City of Gainesville v. Salvatore R. Gomes. Per section 162.09, Florida Statutes, fines ordered by the Code Enforcement Board may be recorded as liens "against the land on which the violation exists and upon any other real or personal property owned by the violator". On some occasions these liens serve as a barrier to those who would rehabilitate properties affected by a Code Enforcement Board 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 Code Enforcement Board is limited, and only the City Commission may execute a release of lien entered pursuant to 162.09, Florida Statutes.
On January 21, 2010, during the Citizen Comment section of the meeting of the City Commission of the City of Gainesville, Kirk P. Reeb, on behalf of the Kirk P. Reeb Revocable Living Trust (hereinafter referred to as "Reeb Trust"), requested relief from two liens encumbering property located at 704 NW 6th Avenue, Gainesville, Florida (Tax Parcel #13564-000-000). The Reeb Trust acquired the property by way of an Alachua County Tax Deed Sale on September 25, 2009. The previous owner of the property was Salvatore Gomes. Upon bidding at the September 24, 2009 forced sale, the Reeb Trust relied on an Ownership and Encumbrance Search report dated June 14, 2009 issued to the Alachua County Tax Collector. The report included a reference to a lien established by a City of Gainesville Code Enforcement Board Order Imposing Fine recorded in O. R. Book 3814, page 17 on July 17, 2008, arising from Code Enforcement Board C...
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