www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 22, 2013
October 22, 2013 - Regular Meeting
Agenda Item #13


Subject
Wilderness Crossings LLC Code No. CE2007110007

Briefings
None

Contact and/or Presenter Information

Joe Fenton, Division Manager, Ext. 6854



Action Requested

Motion to approve Partial Release of Lien and authorize Chairman of Board of County Commissioners to execute Partial Release of Lien in Code Enforcement Case No. CE2007110007.

Motion to authorize Clerk's Office to record Partial Release of Lien in Public Records of Manatee County, Florida.



Enabling/Regulating Authority

Section 162.09, Florida Statutes (2009)



Background Discussion

Below is a summary of Code Enforcement Case No. CE2007110007 against respondents Wilderness Crossings LLC regarding property located at 14641 Upper Manatee River Road, Bradenton (DP#526500004):

  • This property has been through a foreclosure and sold to Tampa Bay Equity Fund LLC and the fines were never satisfied. The new owner is trying to get a loan through the bank but unable to do so as long as a claim of lien is on the property.
  • A Lis Pendens was filed in the foreclosure action on July 9, 2007. Once the Lis Pendens was filed, the trash and debris lien was filed after that date. This lien does not attach to the property and is unenforceable against the property. If we provide the new owner with a partial release of lien for this property, that will remedy the new owners problem with the title work and their loan can go through. This is a formality since the lien cannot be enforced against the new owners because they were not cited. The land was cleared of the offending debris and is now in compliance.
  • Subsection 162.09(3), Florida Statutes (2010), states: "A lien arising from a fine imposed pursuant to this section [162.09] runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section."  Subsection 162.04(01), Florida Statues (2010), defines "[l]ocal governing body" to mean "the governing body of the county . . . ."  The Board of County Commissioners, as the governing body of Manatee County, Florida, is authorized to execute a satisfaction or release of lien entered by the Manatee County Code Enforcement Special Magistrate.
  • The Code Enforcement Division has prepared a Partial Release of Lien which releases the Order Imposing Fine as to the parcel of property that is now owned by Tampa Bay Equity Inc. located at 14641 Upper Manatee River Road, Bradenton.  The lien created by the Order Imposing Fine, OR Book 2249, Page 7811, will remain in effect against any other real or personal property owned by Wilderness Crossings LLC.


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Cooney

Instructions to Board Records
Please forward a stamped copy of agenda to Administrative Specialist Laurie Menard (laurie.menard@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  BOCC Attachments 10-22-13 Wilderness.pdf