City to Seek Washington Square Foreclosure

Accrued Fines Exceed $413,350

The Tallahassee City Commission recently voted to direct the City Attorney’s Office to initiate circuit court action to foreclose code liens and seek recovery of other legal remedies related to Washington Square project located on the block bounded by S. Calhoun, Jefferson and N. Gadsden Streets.

The City has brought two separate code enforcement actions against the property: one for violation of the environmental management permit and a separate action for violation of the Florida Building Code.  The Municipal Code Enforcement Board and the Environmental Board have found the property in violation and imposed fines which increase on a daily basis so long as the property remains in violation.  As of May 1, 2025, the accrued fines in both cases exceed $413,350 and the property remains in violation.

If the foreclosure process runs through to conclusion, the clerk of court will sell the property (subject to any existing liens with priority over the city liens) and the proceeds of the sale will be applied to satisfy the fines owed to the city.

The Washington Square project was a proposed 19 story mixed-use building. The building was to be 15 stories measured from the front elevation on S. Calhoun St. and 19 stories (including four levels of structured parking) if measured from N. Gadsden St. The proposed uses included hotel, meeting space, restaurant and office.

A site plan, environmental management permit and building permits were issued for the project in 2018. Construction commenced and a portion of the structured parking was constructed. Construction ceased sometime in 2019.  In March 2020, the general contractor notified city officials that it was no longer serving as contractor of record.

The City initiated a code enforcement action for violation of the Florida Building Code due to abandonment of the construction site. By order dated October 18, 2022, the Municipal Code Enforcement Board found the property in violation and ordered fines of $100 per day against the property until brought into compliance. The code enforcement order was subsequently filed in the real property records of Leon County and operates as a lien against the property.

The City also initiated an environmental code enforcement action for violations of the environmental management permit. By order dated October 27, 2021, the Environmental Board found the property in violation and ordered fines of $250 per day against the property until brought into compliance. The code enforcement order was subsequently filed in the real property records of Leon County and operates as a lien against the property.

A code enforcement fine imposed pursuant to the Tallahassee Code continues to accrue until compliance, or until judgment is rendered in a suit to foreclose a lien. 

A certified copy of the order imposing fines constitutes a lien against the land on which the violation occurred. When at least three months have passed from the date of filing the lien, the City Attorney may bring an action on behalf of the City to foreclose the lien. 

In addition to the lien foreclosure claims, the City Attorney’s Office is evaluating other legal remedies which may be asserted including claims arising from the damage to sidewalks, right-of-way and the abandoned construction site.