Winter Garden City Commission authorizes foreclosure

The Winter Garden City Commission authorized the city attorney to pursue foreclosure or collection action for code-enforcement fines and liens on 114 North St. and all non-homestead properties Allister Rodgers owns in Orange County.

Planning Director Kelly Carson said city staff has been trying to work with Rodgers since 2020 to resolve various code-enforcement issues at 114 North St. He also owns multiple lots in the East Winter Garden area, she said.

Carson said in 2020, the city received a report Rodgers was building a structure on his property without permits. 

“It was clear what was being built was a pair of small living quarters in a shed-like structure, which is not permitted at this location,” she said. “After the city issues the stop order, Mr. Rodgers then submitted a permit for a shed. This permit was approved with several conditions, including that the shed could not be developed into living quarters after it was constructed. The ‘shed’ failed its inspection, as it was found to be built in a location that was different than the city approved, and it was still built out as living quarters, which, again, we said he couldn’t do.”

Carson said the living quarters were found to be “substandard” with improper electrical work and buckets used to collect wastewater. There also were other code enforcement issues, including accumulation of trash and debris. 

In July 2023, the property was found in violation of various codes, all of which pertained to the illegal structures built on the property, Carson said. 

In September 2023, it was determined Rodgers would be fined $300 per day until the issues were corrected. Because they have never been corrected and the property continues to accrue fines, fines now total $157,800. 

Carson said Rodgers continues to generate new code cases on the property as recently as January, when the Code Enforcement Board found him in violation for a new accumulation of trash and debris. He also was found in violation last week for a new tarp fence and wood fence he is constructing without permits, “seemingly to try and hide all the trash and debris in the yard,” Carson said. 

“Given Mr. Rodgers’ history of violations and a failure to comply with the city’s code ordinances, staff would recommend that the city foreclose or pursue collection actions, not only against the subject property at 114 North St. but also against all other non-homestead properties owned by Mr. Rodgers within Orange County,” Carson said. 

Carson said the other properties are in “better condition,” and there are no code enforcement actions against the properties.

If Rodgers pays the code-enforcement fines, removes the illegal structures and brings the property up to code, there will be no need to foreclose on the properties. 

City Attorney Kurt Ardaman said typically, the city would like to see in cases of foreclosure that the owner cleans up, pays the fines and resolves the matter, but in the case of Rodgers, it has been ongoing for five years. 

Commissioner Lisa Bennett said she was OK with the foreclosure action against the 114 North St. property because “there’s clearly a danger to the public,” but she didn’t want to “cross-collateralize.”

City Manager Jon Williams said if foreclosing on the property doesn’t satisfy the lien, then having the ability to foreclose on the other properties would help the city obtain the amount owed from the fines. 

Mayor John Rees said his biggest issue with the property was the disturbance to the neighborhood. He said the property being in disarray is not fair to neighbors.