03/19/2013AP - Laserfiche WebLink

Home Browse Search

Board of County Commissioners March 13, 2013 Page Two In 1994, the IRC Code Enforcement Board ("CEB") imposed a $2000 fine/lien on Mensing for code violations on Lot 15. In 2000, the CEB imposed a new $100 per day fine/lien for more violations on Lot 15. These fines/liens have never been satisfied. In 2000, Mensing and his wife gave a mortgage (the "2000 Mortgage") on Lot 15. The mortgage is superior in priority to the 2000 CEB, lien, but inferior to the 1994 CEB lien. In 2002, the County, acting through the current County Attorney who was then in private practice, filed suit against Mensing to foreclose the 1994 and 2000 CEB liens against the strips which Mensing allegedly acquired in 1990. The suit resulted in a settlement in which (a) Mr. Mensing transferred all strips to the County for $5000, except a strip which is adjacent to Lot 15 and then runs westerly for approximately 1320 feet (the "Subject Strip"), (b) Mensing agreed to clean up and fence in portions of Lot 15, (c) Mensing agreed to apply for annexation into the City of Sebastian, and (d) the County agreed to subordinate its 1994 and 2000 CEB liens to allow Mensing to refinance (through a reverse mortgage) the 2000 Mortgage. While the transfer of the strips did occur, Mensing did not clean up Lot 15, or perform other obligations of the settlement. Sometime between 2003 and 2008, Mensing requested that the County subordinate its CEB liens so he could try to refinance the 2000 Mortgage; however, the County refused because Mensing had not performed his obligations under the settlement. In 2008, the Board adopted Resolution 2008-043 which "expressly and formally" accepted the dedication (which was implied in the 1888 Fleming Grant Plat) of the Subject Strip as a public street or roadway. The resolution was adopted somewhat as a formality to provide "clear, satisfactory, and unequivocal evidence" of the public's acceptance of the dedication. Arguably, events which had occurred since the recording of the 1888 plat had already converted the strip to a public street or roadway. Also, separate and apart from the public issue, the strip was probably subject to a private easement in favor of lot owners who had purchased their lots in reliance upon the Fleming Grant Plat. Finally, the 1990 deed of Lot 15 to Mensing had itself reserved a 20 foot strip along the northwesterly side of Lot 15 for "public and private roads." In 2008, an action to foreclose the 2000 Mortgage was filed, which resulted in a final judgment of foreclosure in 2010. The foreclosure sale has been delayed by appeals and bankruptcies. Meanwhile, in 2009, the CEB, imposed another$100 per day fine/lien for code violations, and in 2010, the IRC Environmental Control Hearing Board imposed a $50 per day fine/lien for environmental violations. These fines/liens have also never been satisfied. Mensing has recently approached the County stating that he once again desires to refinance the 2000 Mortgage by obtaining a new reverse mortgage. He has produced materials stating the reverse mortgage rules are changing for applications filed after April 1, 2013, and he has produced a letter from a reverse mortgage consultant stating that Mensing cannot obtain a reverse mortgage unless (a) he resolves the fact that certain structures apparently intended to be included in the reverse mortgage are located wholly or partially within the Subject Strip, and are therefore "encumbered" by Resolution 2008-043, and (b) he pays or otherwise satisfies the CEB and environmental fines/liens. FA*—yVL d.1G-e,.11BCC,4genda A9emosUf1-in9 05(Pending C-e,).dm- 245