PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF DENTON II, LLC, CASE NUMBER 10-0037252
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EXECUTIVE SUMMARY:
executive summary
Pursuant to the provisions of Section 1.98B, General Ordinances, Martin County Code, the Board of County Commissioners is asked to consider approval of a Fine Reduction Stipulation and Agreed Recommended Order regarding the Code Enforcement case of Denton II, LLC.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Dennis Limited, LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request for Case Number 10-0037252:
The Board has adopted Chapter 1, Article 4, Section 1.98, General Ordinances, to implement liens for code enforcement violations. The Board previously adopted a formal policy for code enforcement lien reductions to the lesser of 10% of the total lien amount, or 10% of the value of the violating property.
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 14959 SW 170th Ave., Indiantown, Martin County, Florida.
On June 16, 2010, an Order Finding Violation was issued by the Code Enforcement Magistrate to Denton II, LLC, for the following violation(s): Section 67.201.A. - Nuisance Declared: Weeds, Undergrowth General Ordinances, Martin County Code.
Compliance was required by June 30, 2010. In June of 2018, the property was annexed into the newly incorporated Village of Indiantown. As of January 1, 2022, the outstanding fine totaled $420,975.00; however, the property has an assessed value of $25,000.00. On September 1, 2021, Martin County received payment in the amount of $2,923.91 from the Surplus Funds pursuant to a Tax Deed sale. The property was cleared in 2022 from ariel views from the Property Appraisers website.
Dennis Limited, LLC is the current owner of the property. Pursuant to a Quit-Claim Deed recorded in Official Records Book 3329, Page 1398, Martin County, Florida Public Records, Respondent, Denton II, LLC, has no remaining interest in the property.
Staff has determined that a lien reduction is warranted for the following reasons (i). Dennis Limited, LLC was not responsible for the violation; (ii) as a result of a tax deed sale, $2,923.91 was received from the surplus funds towards payment of the County’s Code Enforcement Lien; (iii) the $2,923.91 by the County represents 11.7% of the value of the property.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board accept the Magistrate’s recommendations that $2,923.91 received from the Clerk of Court be accepts in reduction and full payment of the County’s Code Enforcement Lien.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with further direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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