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City attorney: magistrate granted permission to foreclose; Butler property demolition expected soon
Summary
The city attorney reported magistrate approval to proceed under Chapter 162 of state law on two code-enforcement liens and said demolition of the Butler property is scheduled to begin within the next two weeks. The attorney explained the statutory process and that the city will seek commission approval before spending funds tied to foreclosure.
The city attorney updated the Flagler Beach City Commission on Jan. 23 that the code-enforcement magistrate granted permission to foreclose on two properties under Chapter 162 of state law and that one of the properties — the Butler condominium site — is scheduled for demolition within approximately two weeks.
Why this matters: permission to foreclose under Chapter 162 is the final administrative step before the city asks a court to complete a foreclosure, and demolition of a derelict structure affects neighborhood safety and code compliance.
What the attorney said
- Process and magistrate role: The city attorney explained that permission to foreclose from the magistrate is a statutory step in Chapter 162 proceedings (state law) and that the magistrate examines whether liens were recorded and for the required period before granting permission. The magistrate’s approval allows the city to proceed toward court but does not authorize spending; the commission must authorize expenditures to carry out enforcement actions that require city funds.
- Butler property status: The attorney said the lending bank that took title to the Butler property near a failed condominium development now has permits and a contractor in place and plans to demolish the structure within the next two weeks. If the property owner or lender later asks the commission to reduce or forgive the lien amount, the commission will consider that request after the structure is brought into compliance.
- Forbearance and timing: On a second matter, the magistrate granted permission to foreclose but offered a 120-day forbearance. The attorney said waiting for potential resolution is prudent where demolition or compliance is imminent to avoid unnecessary courthouse expense.
Next steps
Once the magistrate’s signed orders are returned to the city, the attorney will come to the commission seeking permission to expend funds (if required) to complete the enforcement steps. If the lender requests lien forgiveness or reduction after compliance, the commission will address that request on its merits.
Ending
The commission received the report; staff will return with signed orders and any requests for expenditure authorization or lien resolution.
