Agenda 06/14/2016 Item #16A33 6/14/2016 16.A.33.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$103,229.20 for payment of $1,500, in the code enforcement action entitled Board of County
Commissioners v. O'Ryan L. Atkinson, Code Enforcement Special Magistrate Case No.
CEPM20130014959,relating to property located at 1069 Highlands Drive,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$103,229.20, for payment of$1,500, in relation
to the Code Enforcement Special Magistrate Case No. CEPM20130014959.
CONSIDERATIONS: As a result of a code violation at 1069 Highlands Drive, consisting of a
driveway/apron in disrepair, the Code Enforcement Special Magistrate ordered the imposition of
a lien against O'Ryan L. Atkinson, in Case No. CEPM20130014959. The lien was recorded in
the Official Records on June 24, 2014, at O.R. Book 5051, Page 2727, and it encumbers all real
and personal property owned by O'Ryan L. Atkinson. The lien amount of$103,229.20 is based
on 412 days of accrued fines ($250 per day from June 6, 2014 through June 23, 2015), plus
$229.20 in operational costs. The property was brought into compliance on June 23, 2015.
The property was acquired by O'Ryan L. Atkinson, via a warranty deed which was recorded on
November 17, 2011.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
payment of the full lien amount would impose a severe financial hardship on the property owner.
Fines accrued by an existing owner would be considered for a waiver as long as the existing
owner has diligently pursued abatement and compliance has been achieved. The property is
being actively maintained and the owner has paid $1,500 in settlement of fines. The owner is
requesting a waiver of$101,729.20 in accrued fines, see attached hardship letter as required.
FISCAL IMPACT: Payment of $1,500 has been made, representing $1,270.80 in fines and
$229.20 in operational costs. If approved by the Board, accrued fines in the amount of
$101,729.20 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
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6/14/2016 16.A.33.
RECOMMENDATION: To waive the fines in the amount of$101,729.20, accept settlement
payment amount of $1,500, release the lien, and authorize the Chairman to sign the attached
release and satisfaction of lien for recording in the Official Public Records.
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-01123/1251841/1]
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6/14/2016 16.A.33.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.33.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$103,229.20 for payment of$1,500, in the code enforcement action
entitled Board of County Commissioners v. O'Ryan L. Atkinson, Code Enforcement Special
Magistrate Case No. CEPM20130014959, relating to property located at 1069 Highlands Drive,
Collier County, Florida.
Meeting Date: 6/14/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
4/25/2016 2:16:21 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date:4/26/2016 9:44:35 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/3/2016 3:46:12 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 5/3/2016 3:48:30 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 5/4/2016 2:11:49 PM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforcement
Date: 5/10/2016 4:32:27 PM
Name:NoellKevin
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6/14/2016 16.A.33.
Title:Assistant County Attorney, CAO General Services
Date: 5/10/2016 4:39:35 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 5/16/2016 8:39:24 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/16/2016 10:28:28 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 5/24/2016 12:28:17 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/31/2016 5:02:31 PM
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6/14/2016 16.A.33.
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:
O'Ryan L.Atkinson,
Respondent
The lien was recorded on June 24, 2014, in Official Records Book 5051, Page 2727, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of seven
thousand seven hundred twenty-nine dollars and twenty cents ($7,729.20), 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 NoeII
Assistant County Attorney
CEPM20130014959
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,IASTR 4999868 OR 5051 PG 2727 RECORDED 6/24/2014 4:38 PM PAGES 2 6/14/2016 16.A.33.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.--CEPM20130014959
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
O'RYAN L.ATKINSON,
Respondent.
OIL
,R COUP •
ORD• r i 1�INE G .. 'r TE
THIS CAUSE came , fo the Sp- is • ay stra e for bli• hearing upon the Petitioner's
Motion for Imposition of Fine i- • ( • t . :131,11' `.4�° M._'strate,having heard argument
respective to all appropriate a r he .' : ,,' gs of Tact and Order of the Special
F-�.
Magistrate,as follows: ('/ �,
r" ). FINDINGS OF •i
On February7,2014,Resp .- � : found guilty o i a •n of Collier County Code of Laws
1. .. . ► for a driveway/apron in disrepair,
and Ordinances,Chapter 22,
which violation occurred on the p ;• Li. 1. to.' Highlands Drive,Naples,FL,Folio
#29780360009(Legal Description:DE 41 HLANDS BLK B LOT 7 +W LOFT OF LOT
8).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 7,2014,or a fine of$250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5010,
PG 3488).
3. Operational costs of$115.25 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
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* * ott 5051 PG 2728 *** 6/14/2016 16.A.33.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day aresaes ed against
of fins f$7.500.00.Respondent for
o 0 days for the period from
May 8.2014 to June 6.2014.for
C. Respondent shall pay the previously assessed operational costs in the amount of$11525.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$113.95.
,,, t amount of$7,729.20 or be subject to
E. Respondent is ordered to pay finey.r
711. -. .. ") .; by Respondent in Collier County,
Notice of Assessment of Lie .600
Florida. G
F. The daily fine of$250.0 i sh: c�r. • ' • • til aba •me has been confirmed by a Collier
County Code Enforce ent nvestiaato
J
vC , 0 `� i;4 �E i Mier County,Florida.
DONE AND ORDERED tht a
C.\,,,, COL `fi '" 4M, CODE ENFORCEMENT
SPECIA • r' •TE
-711E Irg.
Du _i Cnj
'lam, A C.CARR?Sf1
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code EnforcementrfiHorseshoe Naples.
(239)252-2343.Any rel of lien confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing.
om It isk s the
responsibility of the appealing party to obtain a transcribed record of the hearing
f
Courts. Filing an Appeal will not automatically stay the Special,MNiy te's Order.
County of COLLIER •i.r.,,
I HEREBY CERTIFY TtIA;ibis 411iekand
correct copy of a doc nen qufr a ill i'`f''>
cc: Respondent-0'Ryan L.Atkinson o of CollI r, lin
Board Minutes and Rdco V.
Collier Co.Code Enforcement Dept W yT,,,f:3S my handMnd Acial seal thi5:1.:.
NIGHT E.BROCK.CtcEt, OF:UOLRTS
rx ,aDGO
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tNSTR 4947816 OR 5010 PG 3488 RECORDED 2/21/2014 3:03 PM PAGES 3 6/14/2016 16.A.33.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20130014959
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
O'RYAN L.ATKINSON,
Respondent.
It COQ
ORDS ' THE SPECIAL. 41' •TE
THIS CAUSE came on or bl -• ;ng . ore • Sped: M; ...state on February 7,2014,and
the Special Magistrate, hay' I hi tip :,., ved evidence and heard argument
respective to all appropriate a r he 1 of act and Order of the Special
Magistrate,as follows: . E—,
,(1\ FINDINGS OF
1. Respondent,O'Ryan L.A • ft • I.a owner o SOi • t property.
2. Respondent was notified of the ',' • .•': -rtified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent,having been duly notified,entered into a stipulation but did not appear at the public
hearing.
4. The real property located at 1069 Highlands Drive,Naples,Florida,Folio#29780360009(Legal
Description:DECKER HIGHLANDS BLK B LOT 7 +W 10FT OF LOT 8),is in violation of
Collier County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations,
Article VI Property Maintenance Code,Section 22-231(17)in the following particulars:
Driveway/apron in disrepair.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as
amended,it is hereby ORDERED:
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COR 5010 PG 3489 6/14/2016 16.A.33.
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22 Buildings and Building Regulations,Article VI Property Maintenance Code,Section 22-
231(17).
B. Respondent must abate the violation by obtaining any and all required'Zl014 lier Coa fineounty P Permits
tthrough inspections and Certificate of Completion on or before May
$250.00 per day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the e Collier County on into compliance.If necessary,Department ry,
may abate the violation using any method to bring of
e
County may request the services of the Collier County Sheriff's Office for the purpose
accessing the property for abatement. All costs of abatement shall be assessed against the
Property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$115.25 on or before March 7,2014.
E. Respondent shall notify the Code Enforcement Investigator,Henz Box, in omplis of
abatement or compliance so that a fina •. ance.
�: OUy performed
DONE AND ORDERED this n.V ;+ "
11717... 4.kit Collier County,Florida.
COLLIER Co•i CODE ENFORCEMENT
- . • r ti MAG►.• '. TE
n C ECOI! 'V1
i
r` AtEii ►'tea'',,,,,--
7",4„,
NEP-1 ' ãTSON
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PAYMENT OF FINES: Any i 1- . uant to this order maybe paid at the
Collier County Code Enforcement Departm A,:i �: i Horseshoe Drive,Naples,FL 34104, fax#
(239)252-2343.Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the CircuitCourt
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing
de but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s)—O'Ryan L.Atkinson state of Florida
Collier Co.Code Enforcement Dept. County.of COL1;I ley cry.
r a true and
I HEREA .TI ' lhiias
correq? lr omMocu nl•;on.fife in
Board Ules and-Recordt ofCl311ier County
ITNE3 my Italia*ander ficial st!ral this
{�
DWIGHT: OF COURTS
E: ����
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** OR 5010 PG 3490 4** 6/14/2016 16.A.33.
s
.4:k(P
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEPM20130014959
O'Ryan L.Atkins•n
Respondent(s),
0' � A-f inson
STIPULATION/AGREEMENT
COME')NO , e n•er '• • , on behalf of himself o as representative for Respondent and
enters into Stipu - ion and Ag -=ment with Collier my as to the resolution of Notices of Violation in
reference ase) number ► - ' 4014959 dated the 21st day of October,2013.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for 2/7/14;to promote efficiency in the administration of the code enforcement
process; and to obtain a quick and expeditious •_-• . '•- • the matters outlined therein the parties hereto
agree as follows: aOU
1) The violations noted in the referen«,44e • of Violate• - -, : « rate and I stipulate to their existence.
Driveway and driveway apron in •s - r-it
THEREFORE, it is agreed between e •-rte - '- a• dent s all;
1) Pay operational costs in the=m o 1 5. 5' 11131. • •T
• os.cution of this case within 30
days of this hearing. I, E-•
2) Abate all violations by:
Obtaining any and all requir-• er County Permit -!;-• • • • ctions and certificate of completion
within 90 days of this hearing o `•= - fine in the amour -••F'0 a day that this violation
remains p).41 CII -C1 E. CI
3) Respondent must notify Code Enforceme ours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice I be by phone or fax and mads during the workweek. If the violation Is abated 24 hours prior to a Saturday,Sunday or opal holiday.then the
notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.)
4) That if the r es•ondent fails to abate the violation the County may abate the violation using any method
to bring t e vio ation into corn p11.. - and may use the assistance of the C. ' ounty Sheriff's Office
to enforc.- the b rovisions • is agreement and all costs of abatement sha be as-essed to the property
o •er.
101.7
Re-ponden • -• - -ntative(sign) Jeff 11137rri7S irector K.Sf1G
Code Enforcement Department
Respondent or Representative(print) Date
Da / '//�
REV 12/30/13
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6/14/2016 16.A.33.
8.26.15
To whom it may concern,
I purchase this property 1069 highlands drive in 2012 with much needed repairs including new roof, new
a.c.,and a new driveway amongst other things. During 2012 I made many improvements. However,
after I had my son plans changed. My fiancé decided to go back to school full time to become an
occupational therapist assistant.She did it so we can have a better future for our family. During that
time my budget became very confined to handling immediate necessities. I did however make many
attempts at replacing the driveway. However, I couldn't manage it in my budget at the time.It is a relief
now that I was finally able to replace the driveway. I do believe in improving and maintain a nice area. I
also appreciate that enforcement. For me I can certainly say I had the will but I did not have the means
at the time.Please consider this in your decision.Attached is the receipt for the job.This is half of some
of the initial estimates.
Thank you!
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