Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

Northwest Corner of Lot 23, Block C, Santa Rosa Park Subdivision, and the Point of Beginning.  CITY COUNCIL MEETING November 23, 2010 Discussion - Direction - Action Release of Lien Synopsis: Vanguard Bank and Trust Company, owners through foreclosure of205 Florida Place, request the City release the defunct code enforcement lien in exchange for 1, 000 Agenda Item Number: 14. 1  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Meares, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: November 1, 2010 Subject: Release of Code Enforcement Lien at 205 Florida Place SE 1. BACKGROUND: 1. 1 The City of Fort Walton Beach Code Enforcement Board filed an Order II against the subject property at 205 Florida Place SE into the public record on September 19, 2006. The owner of the property at the time of the Order II was Mrs. Jody Godwin. 1. 2 Since the filing of the Order II, Mrs. Godwin defaulted on the mortgage and gave up ownership of the property to the mortgage holder, Vanguard Bank and Trust Company. The mortgage became the priority lien against the property and relegated the City' s lien to a secondary lien. 1. 3 The priority lien holder, Vanguard Bank and Trust Company, then filed for foreclosure and received a final judgment. 2. DISCUSSION: 2. 1 The lien held by the City on this property was second in priority to the Bank' s lien, and during the foreclosure proceedings, should have been removed. 2. 2 Due to an oversight by the Bank' s legal representation, the City' s lien was not listed in the proceedings and therefore was not removed. Although the lien still exists, it remains subject to that of the Bank' s lien and is of little or no value. 2. 3 The Bank, in preparation to close a sale of the property, discovered that the lien was still in place. On October 27, 2010, the Bank provided the City a release of lien and requested that it be executed prior to closing. 2. 4 The execution of this release of lien will in no way effect the City' s position on any other property owned by Mrs. Jody Godwin. 2. 5 Should the City decide not to sign the release, the Bank will file another foreclosure on the property to remove the City' s lien.  3. FINANCIAL INFORMATION: 3. 1 The Bank has offered a payment of $1, 000.00 to the City to offset any expenses incurred through this process. 4. ATTORNEY RECOMMENDATIONS: 4. 1 The City' s Code Enforcement Attorney recommends acceptance of the offer of 1, 000.00 for the release of the lien against 205 Florida Place SE. 4.2 The City Attorney also recommends acceptance of the offer of $1, 000.00 for the release of the lien against 205 Florida Place SE. J STAFF RECOMMENDATION: 5. 1 Staff respectfully requests that the City Council follow the recommendation of the Code Enforcement and City Attorneys to release the lien pending on 205 Florida Place SE and accept the payment of $1, 000. 00 from Vanguard Bank and Trust Company to offset any incurred costs. 6. ATTACHMENTS: 6. 1 Recorded Order II 6. 2 Release of Lien 7. SIGNATURE BLOCK: 7. 1 Submitted By: 11/ 04/ 2010 Timothy Bolduc, CBO, BCA, Building Official 7. 2 Reviewed and Concur: 11/ 04/ 2010 Michael D. Beedie, P. E. Engineering & Utility Services Director 7. 3 Reviewed and Concur: 7 kA" Brandy Wunker, Finance Director 7. 4 Reviewed for Agenda 11115110 Fe rl t` City Manager Please see City Attorney' s concurrence with the staff report. Thanks, Michael D. Beedie, P. E. Engineering & Utility Services Director Engineering Services Department City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 Phone: ( 850) 833 - 9612 Fax: ( 850) 833 - 9926 Cell: ( 850) 585 - 9158 Nextel: 186 * 13224 * 8 E - Mail: mbeedie @fwb. org Website: www. fwb. org Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. Original Message---- - From: Hayward Dykes [ mailto: hdykes @dentin- law. com] Sent: Wednesday, November 03, 2010 1: 16 PM To: Michael Beedie Cc: Joseph D. Lorenz; Tim Bolduc Subject: Re: Release of Lien for 205 Florida Place SE I' m fine with staff report. Sent from my iPhone On Nov 2, 2010, at 12: 31 PM, " Michael Beedie" < mbeedie @fwb. org> wrote: Please review the attached staff report and backup information for the City Council agenda item on November 9th to release the lien on 205 Florida Place SE. Please provide any comments as soon as possible to get the final draft to the City Manager for placement on the agenda. Thanks, Michael D. Beedie, P. E. Engineering & Utility Services Director  Engineering Services Department City of Fort Walton Beach 105 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 Phone: ( 850) 833 - 9612 Fax: ( 850) 833 - 9926 Cell: ( 850) 585 - 9158 Nextel: 186 * 13224 * 8 E - Mail: mbeedie @fwb. org Website: www. fwb. org Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e - mail address and communications may therefore be subject to public disclosure. No virus found in this message. Checked by AVG - www. avg. com Version: 10. 0. 1153 / Virus Database: 424/ 3233 - Release Date: 11/ 02/ 10 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e - mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. cc. 101109. Godwin Bank Lien Release. doc> < cc. 101109. Godwin Bank Lien Release Backup. pdf>  FILE # 2363198 RCD: 09/ 19/ 2006 @ 10: 06 AM, BK: 2736 PG: 2263 RECORDING: 19. 50 RECORDING ARTICLE V: $ 16. 00 DEPUTY CLERK PDUNN DON W. HOWARD, CLERK OF COURTS, OKALOOSA COUNTY FL CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA CASE NO: 06- 00000395 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- JODY R GODWIN P0 BOX 813 RESPONDENT( S) ACTION ON STATEMENT OF NONCOMPLIANCE, AND SECOND ORDER THIS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on September 13, 2006, after due notice to the Respondent( s), and the I Board, having issued Findings of Fact, Conclusions of Law and Order on July 12, 2006 with regard to this case, hereby issues its further Findings of Fact, Conclusions of Law, and Second Order, as follows: I. FINDINGS OF FACT: t The Respondent( s), whose mailing address is P O BOX 813, , FL, 32540 is /are the owner(s) /person( s) in charge of the property described as follows: SUBJECT: 205 FLORIDA PL SE 44.68 FT FOR BEG S 50 FT BEG NE COR OF NW 1/ 4 W Tax ID # 24- S2 -24- 0000 -0093 -0000 Fort Walton Beach, Florida Okaloosa County The attached condition( s), first observed on March 1, 2006, was /were found to exist on subject property. On March 8, 2006, service of the Notice of Violation to the Respondent(s) was obtained in accordance with Chapter 162. 12 of Florida Statue through (certified mail, posting, or hand delivery) as reflected in the exhibits of this case. Said notice stated that the attached condition(s) constituted ( a) of the Ordinances of the City of Fort Walton violation(s) Beach, Florida, and was /were to be corrected on or before April 7, 2006. BK: 2736 PG: 2264 Re- inspection of the subject property on April 7, 2006 revealed that said violation(s) had not been corrected. After due notice to the Respondent(s), this case was brought for public hearing before the Board on July 12, 2006. The Board found that the violation(s) did exist, and ordered the Respondent( s) to correct said violation(s) on or before August 11, 2006. Re- inspection of subject property on August 11, 2006 verified that said violation(s) had not been corrected