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File #: 160553.    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 11/15/2016 In control: City Manager
On agenda: 12/1/2016 Final action: 12/1/2016
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.
Attachments: 1. 160553A_Staff Analysis_20161201.pdf, 2. 160553B_Property Search Result_20161201.pdf, 3. 160553C_Email from Relator Eric M Buigas_20161201.pdf
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 perfo...

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