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ITEM: CODE COMPLIANCE LIEN REDUCTION FOR 14082 WELLINGTON TRACE
REQUEST: Expanding Enterprise LLC. is seeking a reduction of the liens associated with code compliance actions NOH-18-5668, NOH-18-2817, NOH-18-2015, AND NOH-18-670 for the address: 14082 Wellington Trace, from $ 297,577.12 (includes code fee of $177.12) to $5,000.00.
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EXPLANATION: A request from Expanding Enterprise, LLC. for the lien reductions was received on May 9, 2023 (copy attached). Expanding Enterprise, LLC submitted a settlement offer in the amount of $5,000.00. Staff reviewed the application and offered a settlement in the amount of $59,480.00 plus $177.12 code fee, an 80% reduction or $237,920.00 from the original lien amount of $297,400.00 plus $177.12 code fee. Staff does not support a reduction below the recommend amount of $59,657.12 (20%) which includes the code fee of $177.12. Expanding Enterprise, LLC purchased this investment property with the violations and corrected the violations which brought the property into compliance. Expanding Enterprise, LLC should have been aware of the violations prior to the purchase of the property as non-disclosure of the information is against Florida law. Expanding Enterprise, LLC proceeded with the purchase of the property with the violations.
The following is a brief summary of the code compliance actions:
NOH-18-5668 14082 Wellington Trace:
Fines: $139,500.00; Cost: $44.15; Total Lien: $139,544.15.
Property came into compliance 5/9/2022.
• The action was initiated based on a neighborhood inspection.
• The initial inspection on 9/24/2018 found the violations; stained roof and general property maintenance (debris, litter, landscaping, garbage cans).
• A Courtesy notice was issued on 11/1/2018.
• NOV/NOH on 2/13/2019, follow up inspection found the violation was not corrected.
• On 3/21/2019, the Special Magistrate enter an Order Finding the Violation with a Fine Certification Hearing on 5/16/2019.
• The Fine Certification Hearing was presented to the Special Magistrate on 5/16/2019, Fines commencing on 4/19/19, $25.00 per day/per violation, 5 years Cease and Desist and cost. The daily fine continued to accrue until the violations are corrected.
NOH-18-2817 14082 Wellington Trace:
Fines: $127,100.00; Cost: $44.80; Total Lien: $127,144.80.
Property came into compliance 5/10/2022.
• The action was initiated based on a citizen complaint.
• The initial inspection on 4/10/2018 by the code officer found the violations; general property maintenance, debris, stains, mold or discoloration of exterior; electrical/fire equipment maintenance; exterior doors maintenance.
• A Courtesy notice was issued on 5/21/2018.
• NOV/NOH on 8/10/2018. A follow up inspection found the violation was not corrected.
• On 10/18/2018, the Special Magistrate enter an Order Finding the Violation with a Fine Certification Hearing on 12/13/2018.
• The Fine Certification Hearing was presented to the Special Magistrate on 12/13/2018, Fines commencing on 11/16/2018, $25.00 per day/per violation, 5 years Cease and Desist and cost. The daily fine continued to accrue until the violations are corrected.
NOH-18-2015 14082 Wellington Trace:
Fines: $30,800.00; Cost: $44.15; Total Lien: $30,844.15.
Property came into compliance 7/5/2202.
• The action was initiated based on a neighborhood inspection.
• The initial inspection on 2/12/2018 by the code officer found the violation; permits expired.
• A Courtesy notice was issued on 2/12/2018.
• NOV/NOH on 12/5/2018. A follow up inspection found the violation was not corrected.
• On 1/17/2019, the Special Magistrate enter an Order Finding the Violation with a Fine Certification Hearing on 3/21/2019.
• The Fine Certification Hearing was presented to the Special Magistrate on 3/21/19, Fines commencing on 2/22/19, $25.00 per day, 5 years Cease and Desist and cost. The daily fine continued to accrue until the violations are corrected.
NOH-18-670 14082 Wellington Trace:
Fines: $0; Cost: $44.02; Total Lien: $44.02.
Property came into compliance 3/26/2018.
• The action was initiated based on a neighborhood inspection.
• The initial inspection on 11/20/2017 by the code officer found the violations; unscreened items, debris/trash/litter, unscreened garbage cans, landscape maintenance, driveway stains.
• A Courtesy notice was issued on 11/20/2017.
• NOV/NOH on 1/4/2018. A follow up inspection found the violation was not corrected.
• On 2/15/2018, the Special Magistrate enter an Order Finding the Violation with a Fine Certification Hearing on 4/19/2018.
• On 3/26/2018, the code officer filed an Affidavit of Compliance.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Review of Resolution No. R2021-23 for a reduction of a lien associated with code compliance actions NOH-18-5668, NOH-18-2817, NOH-18-2015, AND NOH-18-670, 14082 Wellington Trace. Expanding Enterprise LLC is seeking a reduction in the amount of $5,000.00.