Agenda Item # 9.d.
City Commission Regular Meeting
- Meeting Date:
- 10/05/2015
- Re
- Lien Reduction - Case 06-2308 - 2802 S US Highway 1
- Submitted For:
- Peggy Arraiz
SUBJECT:
Request to rescind code enforcement fines in the amount of $48,250.00 against 2802 S US Highway 1, which was previously owned by Amal & Thabet Hasan, 2802 S US Highway 1, Ft. Pierce, FL and currently owned by Reyad Nofal, 2802 S US Highway 1, Ft. Pierce, FL leaving a balance of $.00 due.
SUMMARY:
BACKGROUND:
The Code Enforcement Board found the previous owners in violation of the property maintenance code in 2007. The violations were corrected in January 2008, however a fine accrued to the amount of $48,250.00. Mr. Nofal bought the property in June 2008 and received a Warranty Deed. He was not aware there was a lien on the property until recently when he attempted to refinance his loan.
The title company states a Release of Lien was filed. The St. Lucie County Clerk of Court recorded an Affidavit of Compliance, not a Release of Lien, but they classified it as a Release of Lien. (Due to previous similar problems, the new Affidavit of Compliance says "THIS IS NOT A RELEASE OF LIEN".)
The Code Enforcement Board found the previous owners in violation of the property maintenance code in 2007. The violations were corrected in January 2008, however a fine accrued to the amount of $48,250.00. Mr. Nofal bought the property in June 2008 and received a Warranty Deed. He was not aware there was a lien on the property until recently when he attempted to refinance his loan.
The title company states a Release of Lien was filed. The St. Lucie County Clerk of Court recorded an Affidavit of Compliance, not a Release of Lien, but they classified it as a Release of Lien. (Due to previous similar problems, the new Affidavit of Compliance says "THIS IS NOT A RELEASE OF LIEN".)
RECOMMENDATION:
The Code Enforcement Board heard Mr. Nofal's request and recommends to the City Commission to rescind the lien leaving a balance of $.00 due.
Recommendation is based on:
Recommendation is based on:
- The violations were against the previous owner and violations were complied prior to Mr. Nofal purchasing the property.
- Mr. Nofal received a Warranty Deed and believed it to have a clear title.
- Mr. Nofal has kept his license(s) and business tax receipts current with no problems. He continues to make improvements to the property and he is considered an asset to the community.
ALTERNATIVES:
- Deny the request.
- Make alternative recommendations.
RESPONSIBLE STAFF:
Colleen Greer, Executive Secretary.
COORDINATED WITH:
Margaret Arraiz, Code Compliance Manager.
Fiscal Impact
- Budgeted Y/N:
- 2015
- Fiscal Year:
- Account:
- Amount:
- .00
OTHER INFORMATION:
$.00 to the general fund.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| City Manager | rbradshaw | 09/28/2015 10:13 AM |
- Form Started By:
- cgreer
- Started On:
- 09/15/2015 02:48 PM
- Final Approval Date:
- 09/28/2015