Agenda 06/14/2016 Item #16A32 6/14/2016 16.A.32.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$44,680.57 for payment of $4,468.06, in the code enforcement action entitled Board of County
Commissioners v. Gregory Lynn Thompson and Misty Lou Thompson, Code Enforcement Board
Case No. CESD20120012127 relating to property located at 181 23rd Street SW, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code
enforcement lien with an accrued value of$44,680.57 for payment of$4,468.06, in relation to the Code
Enforcement Board Case No. CESD20120012127.
CONSIDERATIONS: As a result of a code violation at 181 23rd Street SW, consisting of a historically
permitted steel building in the rear yard now missing walls and doors and completely altered from its
originally permitted state, the Code Enforcement Board ordered the imposition of a lien against Gregory
Lynn Thompson and Misty Lou Thompson, in Case No. CESD20120012127. The lien was recorded in
the Official Records on March 13, 2013, at O.R. Book 4895, Page 2295, and it encumbers all real and
personal property owned by Gregory Lynn Thompson and Misty Lou Thompson. The lien amount of
$44,680.57 is based on a total of 223 days of accrued fines (at $200 per day from January 30, 2013
through September 9, 2013) plus $80.57 in operational costs. The property was brought into compliance
on September 9,2013.
After a Foreclosure (Case No. 2012-CA-2413), the property was acquired by CitiMortgage, Inc., as
successor in interest by merger to ABN AMRO Mortgage Group, Inc., via Quit Claim Deed which was
recorded on April 22,2016.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code
enforcement lien encumbers property that is under new ownership and compliance has been achieved.
The property is being actively maintained and the new owner has paid $4,468.06 in settlement for the
additional accrued fines. The new owner is requesting a waiver of $40,212.51 in accrued fines, see
attached hardship letter as required.
FISCAL IMPACT: Payment of$4,468.06 has been made,representing$4,387.49 in fines and$80.57 in
operational costs. If approved by the Board,accrued fines in the amount of$40,212.51 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board's
policy contained in Resolution 2012-46. -KN
RECOMMENDATION: To waive the fines in the amount of$40,212.51, accept payment amount of
$4,468.06,release the lien,and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
[16-CED-01132/1257671/1)
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6/14/2016 16.A.32.
Prepared by: Michael Ossorio,Code Enforcement Division Director, Growth Management Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship Letter
[16-CED-01132/1257671/1]
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6/14/2016 16.A.32.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.32.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$44,680.57 for payment of$4,468.06, in the code enforcement action
entitled Board of County Commissioners v. Gregory Lynn Thompson and Misty Lou Thompson,
Code Enforcement Board Case No. CESD20120012127 relating to property located at 181 23rd
Street SW, Collier County, Florida.
Meeting Date: 6/14/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
5/19/2016 4:42:51 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement,Code Enforcement
Date: 5/20/2016 9:20:41 AM
Name:PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/20/2016 10:47:10 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/20/2016 10:48:15 AM
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforcement
Date: 5/23/2016 10:42:44 AM
Name: FrenchJames
Title:Deputy Department Head-GMD,Growth Management Department
Date: 5/26/2016 4:22:24 PM
Name: WilkisonDavid
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6/14/2016 16.A.32.
Title: Department Head-Growth Management Dept,Growth Management Department
Date: 5/26/2016 5:25:07 PM
Name:NoellKevin
Title:Assistant County Attorney,CAO General Services
Date: 5/27/2016 12:51:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/31/2016 11:21:51 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/2/2016 5:46:44 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/5/2016 11:12:38 AM
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6/14/2016 16.A.32.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Gregory Lynn Thompson and Misty Lou Thompson,
Respondent
The lien was recorded on March 13 2013, in Official Records Book 4895, Page 2295, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand eighty dollars and fifty-seven cents ($6,080.57), plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20120012127
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-INSTR 4810511 OR 4895 PG 2295 RECORDED 3/13/2013 10:06 AM PAGES 2 6/14/2016 16.A.32.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18.50
CODE ENFORCEMENT BOARD
• COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120012127
vs.
GREGORY LYNN THOMPSON AND
MISTY LOU THOMPSON,
Respondents
0
• .24411-• I' - ,c, , .
THIS CAUSE came on for p••lic •earing before the Board on •vem.er 29,2012,after due notice to
Respondents at which time the Boar he, t-;_i II•ny • • •: • elve• vide•ce,and issued its Findings of Fact
and Conclusions of Law and there •on'•sued its o • •-• which • rain. d t• writing on December 3,2012,
and furnished to Respondents and • i ••••--1 • i''"' I �, r •unty,Florida at OR 4865,PG
/ ' V� '3'd •treet S.W.,Naples,Florida
2607,et.seq.on December 17,20 2 g ��IT"34117,Folio 36960760001,more :-'•, •• • :•t •• outh 180 feet of Tract 13,
GOLDEN GATE ESTATES,UNI •'• :,, co •1 : •th - , • Plat Book 4,Pages 97 and 98,
• Public Records of Collier County, ' 7 .
An Affidavit of Non-Compli• • been filed with the :o• • •340 ode Enforcement Official on
February 1,2013,which Affidavit certi -dam• oath that the requ' •L`grr, ive action has not been taken as
ordered. D
-Ft� GIR
Accordingly,it having been brought to the :•• • • •ntion that Respondents have not complied with the
Order dated December 3,2012,it is hereby
ORDERED,that the Respondents,Gregory Lynn Thompson and Misty Lou Thompson,pay to Collier
County fines in the amount of$6,000.00(Order Items 1&2)at a rate of$200/day for the period of January 30,
2013 through February 28,2013(30 days),plus the operational costs of$80.57,for a total of$6,080.57.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondents come into
compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida
Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 4 day offYYNO1,2013 at Collier County,Florida.
State of Florida. ..,.
County of COLLIER `. ; COD • •RCEMENT BO•RD
' :FL:u . LIER I•UNTY,F a '•DA
I HEREBY: RTIf Y.j;AT t i.,is a true and
correct€py'of a E}cVm nt•o0 file in :Y: _'�i n r
Board tjiniites find Reco!- of 011ier County •.':'rt Kaufma, "Zr—
J TN_:S my:hi��c�t��,a,r���d o�t,fcia(Seal this 801 North , Drive
• 4J di.of !SLh!s-t'� t� Na• es,Florid. • 104
IGHT E:$ C1 4CLEERK OF COURTS
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*** OR 4895 PG 2296 *** 6/14/2016 16.A.32.
• STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 4 day of tYYJ Y'C,fn ,
2013„by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or who h• .roduc • orida Driver's License as identification.
/1.0 a -'' V
NO ARY PUBLI
My commission expires: Aze" KAREN G BAILEY
MY COMMISSION#EE875121
CERTIFICATE OF SERVICE EXPIRES February 14,2017
tern 3960153 ibr daNehryea Eke can
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mad to Gre ory
Lynn Thompson and Misty Lou Thompson,181 2 m-R '.. aples,FL 34117 this 4 day of[�v‘,
2013. 0 , 7 �k r op
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7 RECDED 12/17/2012
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DWIGHT4E75BROCK,RCLERK OFGTHEOCIRCUITTRCOURT, COLLIER COUONTYAFLORIDAS 2
6/14/2016 16.A.32.
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120012127
vs.
GREGORY LYNN THOMPSON AND
MISTY LOU THOMPSON,
Respondents
NOR OU
F • lt • FACT,CO t je
0` = ' AND ORDER OF THE :►A•
THIS CAUSE came on for public h in •ef: • , :oar• on`•v: ber 2' 201 ,and the Board,having heard
testimony under oath,received evi• nce ••• • d cf.• -- • . e m Hers,thereupon issues its
Findings of Fact,Conclusions of w, • 4 r ••' , ,t , 1, •
1. That Gregory Lynn Thom s6iJ 's •
.•fir-••„ (:,• are ` ,, 3. the subject property.
2. That the Code Enforcement•has jurisdiction of th _,�: o of�'' spondents and that the
Respondents,having been duly notifi • • d to appear at the pub' •-:
3. That the Respondents were noti i •Ar.,• :. of heari i: • d mail and by posting.
'
4. That the real property located at 18123' • +* . •. es,Florida 34117,Folio 36960760001,more
particularly described as the north 75 feet of the South 180 feet of Tract 13,GOLDEN GATE ESTATES,UNIT
NO.8,according to the Plat thereof recorded in Plat Book 4,Pages 97 and 98,Public Records of Collier County,
Florida,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section
10.02.06(BX1)(a)in the following particulars:
A historically permitted steel building in the rear yard now missing walls and doors and completely altered
from its originally permitted state.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED:
That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,Section
10.02.06(B)(l)(a)be corrected in the following manner.
I. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting
all required inspections through certificate of occupancy/completion within 60 days(January 29,2013).
2. That if the Respondents do not comply with paragraph I of the Order of the Board by January 20,
2013,then there will be a fine of$200 per day for each day until the violation is abated.
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:_* OR 4865 PG 2608 *** 6/14/2016 16.A.32.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confum the
abatement.
4. That if the Respondents fail to abate the violation,the county may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to
enforce the provisions of this order and all costs of abatement shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 37t' day of—0-e-C e .2012 at Collier County,Florida.
1 ' •`'�Z MENT BOARD
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STATE OF FLORIDA ))SS: CB , f*'
,
COUNTY OF COLLIER) (^ _ t. VI
The foregoing instrument was ackno . d before me this. of I
2012,11y Robert Kaufman,Chair of th 4111 Enforcement Board o•. i• `.aal•ty, lorida,who is
✓ personally known to me or ' 'as produced a Florida ► License as identification.
, .,,,,,
KRISTINE TWENTE , {5 1 Pr-
14:n:
1 b,. Notary Public-State of Florida M Y commission expires:
E.• ;•_My Comm.Expires Jun 18.2015
'a',- Commission#EE 87272
,,,,,,, Bonded Trr•n•he�at:ona►Notary Assn. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mail to Gregory
Lynn Thompson and Misty Lou Thompson, 181 23`d Street S.W.,Naples,FL 34117 this(P'day of Da C . ,
2012.
71
M.Jean hon,Esq.
-,'_ "da Bar No.750311
- ' t ; r` rney for the Code Enforcement Board
Zoom,(*COWER •• 11,' .Noodlette Road N.,Ste.210
Forida
1 HEREBY CER 'ig:11.1i!Ir• `, '�V rb'(239)263-8206 34102
IIFY'
:orrect Copy of s:Oodu NNt en StisJN `
3oard Minutes andWorma COOK .
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oltiri KJ��
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416
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6/14/2016 16.A.32.
GREEN RIVER CAPrrAL
•
March 10, 2016
• Property Address: 181 SW 23RD ST NAPLES, FL 34117
My company recently obtained this property after foreclosure on 4/15/13. We would like to
request that the City be willing to negotiate this debt on the Bank's behalf as we did not
have the property In our possession at the time the violations were acquired. We would like
to make a negotiated offer of 10%of the balance owing. We do understand that the
property was in violation and an issue with the City. Please advise if you would be willing to
accept this negotiated amount or the amount that the City would be willing to accept. Once
an amount is agreed upon a check can be overnighted for the amount to settle this issue.
Please let me know is there is anything additional that is needed from me in order to move
forward.
Thank you for your time and assistance in this matter.
Sincerely,
Please return email to: aribushOgreenrivercap.corn
GREEN RIVER CAPITAL,LC•2691 S.DECKER LAKE LANE.WEST VALLEY,UT 841 19.PHONE 80 t-487.3800•FAX 801-487-3807
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6/14/2016 16.A.32.
After recording return to:
Donna Smith
6400 Las Colinas Blvd.
Mail Code Cs0ACC
Irving TX 75039
LIMITED POWER OF ATTORNEY
CitiMortgage,Inc.("Owner"),organized and existing under the laws of the State of New York,
hereby constitutes and appoints Green River Capital,LLC("Green River"),a corporation organized and
existing under the laws of the State of Delaware,as its true and lawful attorney-in-fact,in its name,place
and stead,and for its benefit,in connection with certain real estate owned("REO")by Owner necessary
and incidental to managing and disposing of real properties and performing the obligations of Green,
River thereunder,including but not limited to:
1. Endorsing to the order of Green River any checks received in connection with the aforementioned
REO property that are made payable to the order of Owner;
2. Selling,transferring,managing,maintaining,disposing of;or leasing real property or personal
property between the parties hereto,and executing all contracts,agreements,deeds,assignments
and other instruments necessary to effect any such sale,transfer or disposition or any lease and to
receive proceeds checks payable to the order of Green River all in a manner consistent with the
Services Agreement.
3. Preparing,executing and delivering deeds,certificates of title or other title documents to vest title
to real or personal property in the purchase and/or sale of any REO property.
Owner further grants to Green River full power and authority to do and perform all acts necessary
in the sole discretion of Green River to carry into effect the powers granted by or under this Limited
Power of Attorney as fully as Owner might or could do with the same validity as if all and every such act
had been herein particularly stated,expressed,and especially provided for,and hereby ratifies and
confirms all the acts Green River shall lawfully do or cause to be done by virtue of the powers and
authority granted and contemplated hereunder. ,
WITNESS WHEREOF,this Limited Power of Attorney is duly executed this,thee:7/3'4(a;
`baa;
of 2016. This Limited Power of Attorney is effective as of February.25,2016 and
terminates-on February 24,2017.
PRESENC * -: CitiMortgage,Inc.
• N:roe -� �; - Donna G. Smith,Vice President
a! i
Namara/ Jti .f?l✓
STATE OF Texas
CITY OF Irving
On the day of ,2016,before me personally came Donna G. Smith tame known,who
being by me duly sworn,did depose and&Packet Page -655-ins an office at 6400 Las Colinas Blvd.,.
Irving,Texas 75039,that she is Vice President of CitiMortgage,Inc.who is the person who executed the