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Council accepts $25,000 settlement to clear $161,000 code lien on Marino Point condo
Summary
After hearing from the buyer who purchased the condo at 30 Marino Point Road in foreclosure, the City Council approved a negotiated reduction that settled the outstanding code lien at $25,000, citing permit activity and corrective work that had stopped fines from accruing in 2021.
The Destin City Council approved a settlement that reduces a code‑enforcement lien on a Marino Point Road condominium to $25,000 after staff and the property owner said the property was brought into compliance in February 2021.
Attorney Brian Kiefer spoke for his client, property owner Lenis Duran, explaining that Duran purchased the unit at foreclosure in 2020 and had no actual knowledge of the lien. Kiefer said he had mistakenly told Duran a year earlier that the case was closed because an online record listed the matter as "closed/resolved" in 2021. Kiefer asked the council to recognize that the condition that prompted enforcement—reported sewage smell and related repair needs—was corrected and that the lien had stopped accruing when permits were pulled and inspections passed.
City staff said the special magistrate found the property in violation on March 26 (notice) and that the lien accrued until the property was brought into compliance on Feb. 5, 2021, at which point fines stopped accumulating. The lien amount at the time staff reported to council was about $161,000.
Councilwoman Eber moved to reduce the lien to $25,000 as a settlement; the motion was seconded and approved by the council. Staff said the reduction was consistent with the council’s latitude under the code for liens of this age and compliance history and that a 25% reduction is allowed when violations are in the 1‑to‑2‑year window, though the council has discretion to set the final amount.
Kiefer told the council his client had pulled permits and successfully passed inspections after taking title and had no notice of unresolved violations when he purchased in foreclosure. Council discussion noted the complexity of foreclosures and title searches and the value of improved notice and internal tracking to prevent similar surprises for future buyers.
Council direction included processing the settlement and confirming the lien satisfaction once the agreed amount is handled through the city's payment process.
