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File #: 120471.    Version: 1 Name:
Type: Staff Recommendation Status: Passed
File created: 10/15/2012 In control: City Manager
On agenda: 11/15/2012 Final action: 11/15/2012
Title: Partial Release of Lien Affecting 14376 SW State Road 45, Archer, Florida, Tax Parcel #05124-001-002 (B) This item requests that the City Commission release the above-referenced property from the lien arising from Code Enforcement Board Cases: CEB 2010-112; CEB 2010-113; and CEB 2010-114.
Attachments: 1. 120471A_Request from Bank_20121115.pdf, 2. 120471B_Court Orders_20121115.pdf
Title
Partial Release of Lien Affecting 14376 SW State Road 45, Archer, Florida, Tax Parcel #05124-001-002 (B)

This item requests that the City Commission release the above-referenced property from the lien arising from Code Enforcement Board Cases: CEB 2010-112; CEB 2010-113; and CEB 2010-114.

Explanation
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." 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. On June 7, 2012, the City Commission approved a review process for severing liens recommended by the Community Development Committee. Staff reviewed this request and determined that this request met the criteria included in the process in that the original violations have been corrected and the new owner will return the property to productive use following the severing of the property from the lien.

Federal National Mortgage Association as assignee for JP Morgan Chase bank is requesting the City Commission to sever such a lien affecting 14376 SW State Rd. 45, Archer, Florida, Tax Parcel #05124-001-002 (Attachment A).

The properties with the original violations are:

The Code Enforcement Board issued an order on August 23, 2010 (Case# CEB 2010-112) finding Rick Noble guilty of violating Sections of Chapter 30 of the Gainesville Code of Ordinances at 3835 NW 17th Street, Tax Parcel #08964-0...

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