HomeMy WebLinkAboutItem 03 Approval of Foreclosure of 1 Taylor Street Code Enforcement LienMeeting Date: September 19, 2023
Item #: 3
Contact Name: Department Director:
Contact Number: City Manager: Robert Frank
Subject: Approval of Foreclosure of 1 Taylor Street Code Enforcement Lien. (Attorney Solik)
Background Summary:
The City initiated Code Enforcement proceedings last summer against the property located at 1 Taylor Street
and owned by Steve & Leslie Marbais. Special Magistrate Fowler found the property owners in continued
violation of the City of Ocoee ordinances at the June 16, 2022, Code Enforcement Board hearing and ordered
the property into compliance by July 15, 2022. The property was not brought into compliance by the deadline
imposed and the City recorded its Order Imposing Fine on July 22, 2022. On July 7, 2022, The property
owner filed a pro se Notice of Appeal in the Circuit Court for Orange County, Florida. The property remains in
noncompliance and is accruing a $200 per day fine.
When the property owner missed the deadline to file his Initial Brief, I filed a Motion to Dismiss for failure to file
the brief. Before the Court ruled on the Motion to Dismiss the pro se property owner retained counsel who filed
a Motion for Extension of Time to file the initial brief. The Court ruled on both motions on July 11, denying the
City's motion and giving the property owner until August 1, 2023, to file their brief. On July 20, 2023, the
property owner filed a Notice of Voluntary Dismissal. The Court has now filed an Order finally dismissing the
case. The property, however, remains in a state of non-compliance. On August 17, 2023, at a duly noticed
hearing, the Special Master authorized the City Attorney to file lien foreclosure proceedings.
Issue:
Should the Honorable Mayor and City Commissioners approve the foreclosure of 1 Taylor Street's code
enforcement lien, as recommended by Attorney Solik?
Recommendations:
The attorney is recommending approval of the foreclosure of the 1 Taylor Street code enforcement lien.
Attachments:
Attorney Memorandum
Financial Impacts:
As of September 19, 2023, the fines will have accrued in the amount of $86,055.62. Mr. and Mrs. Marbais
purchased the subject property on January 31, 2022, from Jimmy F. Sills at a purchase price of
$100,000.00. Mr. Sills took back a mortgage with a principal amount of $90,000.00 at a 4% interest rate. The
mortgagee reports that the current principal balance is $83,227. The assessed value by the Orange County
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 ! i`' i i'
Page 98 of 193
Property Appraiser for 2023 is $91,359.00. The mortgage on the property is superior in time to the City's Code
Enforcement lien so if the City is successful in foreclosing the lien the City would take title to the property
subject to the existing mortgage.
Type of Item: Consent
C City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 - www.ocoee.org
Page 99 of 193
Mary Doty Solik, Esq.
121 S. Orange Ave., STE 1500
Orlando, FL 32801
TO:
FROM:
DATE:
RE:
11 4IT, RX, ► 11 A
Robert Frank
Craig Shadrix
Douglas Gaines
Mary D. Solik, Esq.
August 28, 2023
1 Taylor Street Code Enforcement Matter
................
'I'I'1'I If I I
407-367-7868
msolik@dotysoliklaw.com
fax: 407-377-6801
As you are aware the City initiated Code Enforcement proceedings last summer
against the property located at 1 Taylor Street and owned by Steve & Leslie Marbais. Special
Magistrate Fowler found the property owners in continued violation of the City of Ocoee
ordinances at the June 16, 2022 Code Enforcement Board hearing and ordered the property
into compliance by July 15, 2022. The property was not brought into compliance by the
deadline imposed and the City recorded its Order Imposing Fine on July 22, 2022. On July
7, 2022 The property owner filed a pro se Notice of Appeal in the Circuit Court for Orange
County, Florida. The property remains in noncompliance and is accruing a $200 per day fine.
When the property owner missed the deadline to file his Initial Brief, I filed a Motion
to Dismiss for failure to file the brief. Before the Court ruled on the Motion to Dismiss the pro
se property owner retained counsel who filed a Motion for Extension of Time to file the initial
brief. The Court ruled on both motions on July 11, denying the City's motion and giving the
property owner until August 1, 2023 to file their brief. On July 20, 2023 the property owner
filed a Notice of Voluntary Dismissal. The Court has now filed an Order finally dismissing the
case. The property, however, remains in a state of non-compliance. On August 17, 2023,
at a duly noticed hearing, the Special Master authorized the City Attorney to file lien
foreclosure proceedings. As of September 19, 2023 the fines will have accrued in the
amount of $86,055.62. Mr. and Mrs. Marbais purchased the subject property on January
1
Page 100 of 193
31, 2022 from Jimmy F. Sills at a purchase price of $100,000.00. Mr. Sills took back a
mortgage with a principal amount of $90,000.00 at a 4% interest rate. The mortgagee
reports that the current principal balance is $83,227. The assessed value by the Orange
County Property Appraiser for 2023 is $91,359.00. The mortgage on the property is superior
in time to the City's Code Enforcement lien so if the City is successful in foreclosing the lien
the City would take title to the property subject to the existing mortgage.
2
Page 101 of 193