A rundown apartment property on S. Park Avenue in Apopka has racked up $5,617,500 in code-enforcement penalties over nearly eight years, but city officials say a new settlement formula could let the owner pay as little as $22,000 to close the case. The property, owned by Smart Services LLC, has been the subject of city scrutiny since October 2017, and commissioners are now wrestling with how to resolve one of the largest outstanding fine balances in Apopka's history.
City records show the fines trace back to July 2018, when Apopka officials determined the property violated multiple city and property maintenance codes, according to WKMG. Daily fines began accumulating on Aug. 17, 2018, and have compounded for nearly eight years since. The Apopka Chief reported that the original violations included an unauthorized vehicle-detailing business operating from the residence, inoperable vehicles, rotted wood on the eaves and broken windows.
A $30,000 Deal Falls Apart
In August, the property owner agreed to a proposed settlement that would have reduced the accumulated fines to just $30,000, the station's report notes. City officials said the deal was negotiated by Ryan Knight and represented roughly 7% of the property's appraised value. But the Apopka City Commission rejected that settlement at its Oct. 7 meeting, with residents and a public commenter questioning whether the property's condition truly justified resolving the case, according to The Apopka Voice.
City inspectors had documented broken windows, damaged exterior doors, exposed wiring and other maintenance concerns during a May 2024 inspection, per the same account from WKMG. At the time, an inspector entered a residential unit with the tenant's permission. In an email cited by the outlet, Crystal Nicholas said the owners had since removed vehicles, painted, repaired roofs and replaced windows and doors to address the violations, and said she had not received earlier violation notices.
City Says Violations Are Now Corrected
Apopka inspectors determined on Aug. 19 that the previously cited violations had been corrected, the station's report states. City staff emphasized that code enforcement primarily conducts exterior inspections and does not inspect inside units unless invited, stating plainly that the department does not go inside unless asked. Officials also said there are no new code-enforcement cases currently open against the property.
Even so, under Apopka's newer settlement guideline — which uses 5% of a property's value rather than the fines themselves — officials estimate the case could now settle for approximately $22,000, about $8,000 less than the amount commissioners already rejected. The Apopka Chief reported the city's stated property value at $437,780, meaning 5% of that figure comes to roughly $21,889. No new settlement has been approved as of this writing.
Commissioners Push for Consistency
The episode has pushed Apopka commissioners to call for greater transparency and standardized procedures around code-enforcement lien settlements, according to a separate report from The Apopka Chief. Going forward, settlement agreements will come before the commission for approval before any payment is collected — a change from the prior process, which allowed payment to be received before commission sign-off. Mayor Nick Nesta called that earlier sequence a procedural flaw, saying it did not make sense for staff to settle an agreement and collect payment before the commission approved it.
Nesta said he is reviewing previous code-enforcement records, fines and procedures, and that some past enforcement practices were not handled as they should have been. He said he wants consistent, flat-rate settlement policies and clearer expectations about enforcement decisions and required payments, adding that code enforcement should focus on bringing properties into compliance rather than collecting fees or fines, and that the city should help residents reach compliance.
The Park Avenue case is not the city's only recent settlement of this kind. Apopka previously approved a reduced lien of $18,000 for a property on Saddleback Ridge Road and $12,000 for a property on Sharp Street after both came into compliance, per the Apopka Chief report. A May 2023 staff report also recommended reducing a $1,000-per-day lien on a Monroe Avenue property to a $10,000 settlement once it was found in compliance.
Separate Foreclosure Case Still Pending
Apart from the fine dispute, the city filed a lien foreclosure case involving the property in December 2023, which remains unresolved nearly three years later. Nesta said foreclosure is an enforcement tool, but that taking ownership of additional properties is not his goal. It remains unclear how a new settlement, if approved, would affect that existing lien and foreclosure proceeding.
Under Florida law, code-enforcement fines can continue accruing until a property comes into compliance or a court renders judgment in a related lawsuit, and a certified order imposing such a fine can become a lien against the violator's land and other property, according to Florida Statutes, Section 162.09. The same statute allows an enforcement board to reduce fines, and generally caps daily fines at $250 for a first violation or $500 for a repeat violation, though higher limits can apply under certain local ordinances.
The Apopka property case is expected to return to commissioners at their next regular meeting, scheduled for Wednesday, Nov. 4, according to Nesta. No revised settlement using the 5% guideline has been approved to date.
