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Commission tables decision on lien release for 1601 Orange Drive after heated debate

January 18, 2025 | City of Eustis, Lake County, Florida


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Commission tables decision on lien release for 1601 Orange Drive after heated debate
The City Commission of Eustis on Jan. 16, 2025, tabled consideration of Resolution 25‑11, a request to reduce and release a code enforcement lien recorded against 1601 Orange Drive. The Code Enforcement Board had adopted an order reducing outstanding fines associated with the property from $28,750 to $13,230; city staff recommended waiving the remainder of the lien. After lengthy public discussion and testimony from the code enforcement board chair and city staff, commissioners voted to table the item to the next meeting so Commissioner Holland can participate and so staff can prepare revised resolution language that includes the option to eliminate the lien.

What the record shows: city staff explained that the property had been subject to a tax deed sale in December 2023 and the county remitted $66,578.11 in surplus proceeds to the city. The original code fines recorded against the property totaled about $95,000; one of two code liens was satisfied from the tax deed surplus and the remaining fines totaled $28,750 before the board reduced that amount to $13,230. Staff told the commission that the new owner promptly brought the property into compliance and materially renovated the house within months of purchase. Staff recommended a full waiver of the remaining lien; the Code Enforcement Board declined a full waiver and voted instead for the $13,230 reduction. The property owner was not present at the commission meeting.

Debate and positions: Police Chief (identified in the record as Chief Capri) and several commissioners criticized the board’s approach and the record‑keeping that left the city seeking additional funds after claiming a large tax deed surplus. Alan Paskowski, chair of the Code Enforcement Board, said the board members had followed evidence presented and expressed concern about establishing inconsistent exceptions to policy. Staff noted the difference in tax deed sales versus ordinary real estate transactions and warned buyers that “buyer beware” rules apply for some liens. Commissioners expressed a range of views: some favored waiving the remaining balance as staff recommended, others saw a need for policy clarity to avoid inconsistent treatment of purchasers and to protect adjacent property owners’ values.

Formal action: The commission voted on a motion to table the resolution to the next meeting so the full commission could consider the matter and so staff could present alternative wording (including an option to eliminate the lien entirely). Roll call on the motion to table recorded the following votes: Commissioner Lee — Aye; Commissioner Azbadi — Aye; Vice Mayor Ashcraft — Aye; Mayor Hawkins — Aye. The motion passed and the matter was tabled.

Why this matters: The item raises procedural and policy questions about how the city treats code enforcement liens that survive tax deed sales, how surplus tax deed proceeds are distributed, and whether the city should treat purchasers who promptly correct violations differently from prior violators. The commission asked staff to return with revised language and indicated interest in a follow‑up workshop or joint meeting with the Code Enforcement Board to clarify policy and expectations.

Ending: The commission directed staff to prepare a revised resolution and return the item at the next meeting, when Commissioner Holland is expected to be present. Staff and the Code Enforcement Board were also urged to consider a joint workshop to review how tax‑deed cases and lien waivers should be handled going forward.

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