Sumter County approves 24-month payment plan, waives portion of fines in probate code-enforcement settlement

The Sumter County Board of County Commissioners voted 3–2 on Feb. 10 to approve a settlement in a probate-related code-enforcement case that waives outstanding fines on two parcels and extends the payment schedule for county staff and attorney costs to 24 months.

The decision resolves a dispute over whether heirs who were delayed by probate should be required to pay roughly $42,725 in code-enforcement fines and about $8,679–$8,969 in staff and attorney costs that staff said accrued in pre-suit efforts. During public comment, Starlee R., who identified herself as an heir and said she used personal savings to bring two properties into compliance after probate delays, asked the board to reconsider "nearly $9,000 in attorney fees" so her family could satisfy liens without foreclosure.

County Attorney comment and staff context

The County Attorney explained the settlement covers a waiver of fines while asking the heirs to pay staff costs, litigation-related expenses and attorney fees. "That totality of what we're asking them to pay is $8,969," the County Attorney said in explaining the components that make up the staff and legal-cost figure; at other points staff referred to $8,679 as the recommended staff-and-attorney cost number for the settlement paperwork. Staff said the fines on the two parcels dated to 2021–22 and that probate and delays in recording title in Sumter County limited the heirs' ability to obtain permits and complete remediation earlier.

Board debate and vote

Supporters of the settlement described it as consistent with county policy that allows fine waivers in probate circumstances where heirs could not reasonably act. Mr. Arnold, speaking for staff, said the proposed agreement "complies with your policy related to the waiver of the fines" and noted liens would not be released until the settlement payment terms were satisfied.

Opponents cited fairness to taxpayers and concerns about waiving large fine amounts without conditions. Commissioner Bogue said he would be more likely to support a waiver "if there was a stipulation that they were gonna live on the property or they were gonna build a home," and said he did not want the county to appear to be giving windfalls to property owners who intended to sell parcels for profit. The motion to extend the payment plan to 24 months and approve the settlement carried 3–2, with Commissioners Bogue and Butterfield recorded as the two dissenting votes.

What the settlement does and next steps

Under the approved modification, heirs may pay the staff and attorney costs over 24 months. The county clarified the liens will remain in place until payment is made in full per the settlement agreement. Staff also said the county has flexibility under policy to consider the heirs' circumstances in probate-related cases and that the board retains discretion on payment terms and lien releases.

The board did not set aside the portion of the fines that would be waived under the agreement; documentation for the settlement will be finalized by county staff and the county attorney and proceed to the clerk’s office for processing.

Ending

The item was handled during the contracts and agreements portion of the Feb. 10 meeting. The board moved on to general business after the vote.