City of Gainesville - File #: 200647.

• File #: 200647.
• Version: 2
• Name: Special Magistrate Orders Release of Liens. Neighborhood Enhancement needs the consent of the City Commission and signature of the Mayor to release the lien on each property that was previously levied by the City due to a Code Enforcement violation.
• Type: Discussion Item
• Status: Passed
• File created: 12/22/2020
• In control: City Commission
• On agenda: 2/4/2021
• Final action: 2/4/2021
• Title: Special Magistrate Requests Release of Liens (B)

Date	Ver.	Action By	Action	Result
2/4/2021	2	City Commission	Approved, as shown above
1/21/2021	1	City Commission	Approved, as shown above	Pass

Title

Special Magistrate Requests Release of Liens (B)

Explanation

This item is a request for the City Commission to approve, approve with modification or deny the Code Enforcement Special Magistrate’s recommendations regarding requests for lien reductions or rescissions for six properties. These properties were previously found in violation of a City ordinance and were assessed fines resulting in the placement of liens on the properties. Persons of interest have come before the Special Magistrate to request a reduction or rescission for the fines. In determining the amount of the fine, if any, the Magistrate and City Commission shall consider the following factors listed in Section162.09(2)(b), Florida Statutes:

1. The gravity of the violation;

2. Any actions taken by the violator to correct the violation; and

3. Any previous violations committed by the violator.

The Special Magistrate recommends in these cases to either deny, rescind or reduce the fines with or without conditions. A summary of the Magistrate’s recommendations is included in the backup along with the associated case files.

Recommendation
The City Commission approve, approve with modification or deny the Code Enforcement Special Magistrate's recommendations and authorize the Mayor and/or the City Manager to sign any required documents as outlined:

1. David C. Hoye, 506 NW 3rd Street: Magistrate recommends that the lien in the amount of $195,223.02 be released.

2. Ina H Santos, 2130 SE Hawthorne Road: Magistrate recommends that the lien in the amount of $25,500 be reduced to $1,000.

3. Kaja Holdings LLC, 115 SE 14th Street: Magistrate recommends that the lien in the amount of $1,400,000 be released.

4. David C/Linda K Stewart, 3119 SW 26th Terrace: Magistrate recommends that the lien in the amount of $131,300 be released with the following conditions: The respondent has 60 days from the signing of the order to sell the property or the fines will revert to $131,300.

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