Agenda 01/12/2016 Item #16A12 1/12/2016 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $196,707.09 for payment of $757.09, in the code enforcement actions entitled Board of
County Commissioners v.Jeffrey M. Stone and Mardi S. Moorman, Code Enforcement Board Case
No. CESD20120004892 and Code Enforcement Special Magistrate Case No. CENA20130011451,
relating to property located at 5741 Painted Leaf Lane, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two
(2) code enforcement liens with a combined accrued value of $196,707.09, for payment of
$757.09, in relation to Code Enforcement Board Case No. CESD20120004892 and Code
Enforcement Special Magistrate Case No. CENA20130011451.
CONSIDERATIONS: As a result of various code violations at 5741 Painted Leaf Lane, as
reflected below, the Code Enforcement Special Magistrate ordered the imposition of two liens
against the property as follows (in chronological order based on lien recording date):
The lien in Case No. CESD20120004892 was recorded in the Official Records on July 11, 2013,
at O.R. Book 4942, Page 3725 (for multiple structures constructed on the property without first
obtaining required Collier County permits) and it encumbers all real and personal property
owned by Jeffrey M. Stone and Mardi S. Moorman. The lien amount of$170,880 is based on a
total of 854 days of accrued fines (at $200 per day from May 25, 2013 through September 25,
2015) plus $80 in operational costs. The property was brought into compliance on September
25. 2015.
The lien in Case No. CENA20130011451 was recorded in the Official Records on February 21,
2014. at O.R. Book 5010, Page 3554 (for large amount of litter in the rear of the property) and it
encumbers all real and personal property owned by Jeffrey M. Stone and Mardi S. Moorman.
The lien amount of $25,827.09 is based on 256 days of accrued fines ($100 per day from
November 23, 2013 through August 5, 2014) plus $227.09 in operational costs. The property
was brought into compliance on August 5, 2014.
The property was acquired by Stephen Walsh, via a special warranty deed which was recorded
on September 8, 2015.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when code
enforcement liens encumber property that is under new ownership and compliance has been
achieved. The property is being actively maintained and the new owner has paid $757.09. The
new owner is requesting a waiver of$1 95,950 in accrued fines.
FISCAL IMPACT: Payment of$757.09 has been made, representing $450 in fines, $307.09 in
operational costs. If approved by the Board, accrued fines in the amount of$195,950 would be
waived.
[15-CED-01082/1228063/1]
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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 $195,950, accept payment
amount of $757.09, release the liens, and authorize the Chairman to sign the attached releases
and satisfaction of lien for recording in the Official Public Records.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien (2)
2) Lien Orders
[1 5-CED-01082/1228063/1]
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1/12/2016 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$196,707.09 for payment of$757.09, in the code
enforcement actions entitled Board of County Commissioners v.Jeffrey M. Stone and Mardi S.
Moorman, Code Enforcement Board Case No. CESD20120004892 and Code Enforcement
Special Magistrate Case No. CENA20130011451, relating to property located at 5741 Painted
Leaf Lane, Collier County, Florida.
Meeting Date: 1/12/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/10/2015 2:56:13 PM
Approved By
Name: PuigJudy
Title: Operations Analyst. Operations &Regulatory Management
Date: 12/10/2015 4:02:30 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/10/2015 4:03:19 PM
Name: SerranoMarlene
Title: Manager- Code Enforcement Operations, Code Enforcement
Date: 12/13/2015 7:30:18 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/14/2015 7:45:45 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 12/15/2015 11:34:45 AM
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Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 12/15/2015 4:34:54 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 12/16/2015 9:52:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/16/2015 2:38:06 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:13:51 AM
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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:
Jeffrey M. Stone and Mardi S. Moorman,
Respondents
The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3725, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand eight hundred eighty dollars and zero cents ($6,880), 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 Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20120004892
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tl1
1/12/2016 16.A.12.
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:
Jeffrey M. Stone and Mardi S. Moorman,
Respondents
The lien was recorded on February 21, 2014, in Official Records Book 5010, Page 3554, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of seven
thousand nine hundred twenty-seven dollars and nine cents ($7,927.09), 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 Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CENA20130011451
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INSTR 4864337 OR 4942 PG 3725 RECORDED 7/11/2013 10:40 AM PAGES 2 1/12/2016 16.A.12.
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.:CESD20120004892
vs.
JEFFREY M.STONE AND MARDI S.MOORMAN,
Respondents,
//--- I. R C(
PREE• 'I1SIN &"7.4I \
THIS CAUSE came on for pdblic v arine before the Board on J as�uar} ?4,2013,after due notice to
Respondents at which time the Board heard tc imony iymtci oath!'rcceived .vide'ce,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its o Qsder\which Was reduced to writing on January 30,2013,and
furnished to Respondents and was reco • e c
o;ie `nun ,Florida at OR 4883,PG 3235,
et.seq.on February 6,2013 covering t 1 re t pr peja
ct d x_57`4 'a • ed'Lea€Lane, Naples,FL 34116,Folio
�:, t. V 5 f ce of Trac� 1 t 0, OLDEN GATE ESTATES UNIT 30,
38168960009,more particularly d4stb+ �s .
as recorded in OR Book 1772,Page'223. , • e Put3[Ti+Reac11 rpf Co t`�1'•er Ce ';Florida.
An Affidavit of Non-Comnharrtc`has been filed with the` ardby'tti ^Code Enforcement Official on May
24,2013,which Affidavit certified underz7atht,that the required corrective action has not been taken as ordered.
). .— /
Accordingly, it having been brough&to the. ear4=s.tttention,•th2tAespondents have not complied with the
Order dated January 30,2013,it is hereby "'e l i _` (,41 z`L - --
ORDERED,that the Respondents,Jeffrey M.Stone and Mardi S.Moorman,pay to Collier County fines in
the amount of$6,800.00(Order Items 1 &2)at a rate of$200/day for the period of May 25,2013 through June 27,
2013(34 days),plus the operational costs of 580.00,for a total of 56,880.00.
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 Appea shall not stay the Board's Order.
DONE AND ORDERED this _day of . r%2Ut3 at Collier County,Florida.
State cl Ficrrt
County of COWER � OR -MENT ;s RD
COLLIER C!. , LORIDA
I HERESY CERTiFY i!.kW,his'is•,True and _ / ��i���
Corm r�;r, { t _j.°., ' d t cn'e 1n ; lire
Boa r; -t: +s o'Co"1,Y 'CGan'y •D. rt Kj
281 Nor s oe Drive
v` jj�� Naples/Flof4a 34104
'1\%1F:l {i E.EROO, l'E%1(OF COUR'TS
(7)90‘Av.).....
DC.
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**x OR 4942 PG 3726 *** 1/12/2016 16.A.12.
STATE OF FLORIDA
)SS:
COUNTY OF COLLIER)
The fore ing instrument was acknowledged before me this day of ,
2013, Robert Kaufman,Chair of the Code Enforcement Board of Collier ountS lorida,who is
personally known to me or who has roduced a Ft. ':. Driv is License as identification.
01111,14 ....al 1
'y�
'' . 01 KAREN O BAILEY NOT RY PUBLIC
^:. MY COMMISSION a EE875121 My commission expires:
►,t;-oi EXPIRES February 14,2017 CERTIFICATE OF SERVICE
It0T1 5;e-0151 Pip.;paNOterySe ce corn --'
I HEREBY CERTIFY that a true an.1 cgrk r(-3-4.-- ER has been sen4y U.S. ail to ffrey
M.Stone and Mardi S.Moorman,5741 Pi'ted. l ane,Nap es'-016.0a,,34116 this �`jj day of
20 13. 4
j ( ( 481�do.W.I- e `oa. ".�Ste.i2 t 0
-- \\ � ,NfapI Qs,IFlorida 4112) i_.., (
yti (239)16.520. ) ,1
. r - --, , ,
ti ?r: i t\`�4.
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INSTR 4947839 OR 5010 PG 3554 RECORDED 2/21/2014 3:22 PM PAGES 2 1/12/2016 16.A.12.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20130011451
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JEFFREY M.STONE AND MARDI S.MOORMAN,
Respondents.
ORDER'f3r'7.11"E SPr!,CIAL MAGISTRATE
"IMPOSING FINE'S/LIENS
THIS CAUSE came befos'e_tkte Special—Magistrate r ubli hearing upon the Petitioner's
Motion for Imposition of Finesj'Llens oxt Februaly 17;\i20 y ati {h,e Special Magistrate, having heard
argument respective to all appropriate matters ihereup issue 'its Findings of Fact and Order of the
Special Magistrate,as follows; �: — ' � C'._=. .7
FINDINGS OF-FACT "-
1. On November 15,2013,Respondent was found guilty of viglation of Collier Count; Code of
Laws and Ordinances,Chapter 54, rtiele 'I,-Section Sr4-181 for a large amount of litter in the
rear of the property,which violation.,c±cciirred oh`th'te-property located at 5 741 Painted Leaf Lane,
Naples,FL,Folio#38168960009(LegaTDescription:GOLDEN GATE EST UNIT 30 W
15017 OF TR 100 OR 1772 PG 2388).
?. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 22,2013,or a fine of 5100.00 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 4990,PG 3018).
3. Operational costs of SI 12.29 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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*** OR 5010 PG 3555 *** 1/12/2016 16.A.12.
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$100.00 per day are assessed against Respondent for 77 days for the period from
November 23,2013 to February 7,2014, for a total amount of fines of$7,700.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$112.29.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.80.
E. Respondent is ordered to pay fines and costs in the total amount of$7,927.09 or be subject to
Notice of Assessment of Lien against all_properties owned by Respondent in Collier County,
Florida. � �+;'•' ,
F. The daily fine of$100.00 shall continue to accrue until-44cr ent has been confirmed by a Collier
County Code Enforcernerit Investigator.
• (� rte }
DONE AND ORDERED this `1 � /daypf T _ t /914-at Collier County,Florida,
cX UNTY`CODE ENFORCEMENT
SPECIAL MAGISTRATE
A AA
-' l tAb.i.*• d/
ICI.1'DA C.G. 'ON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department 2800 North Horseshoe Drive, Naples, FL 34104, fax f
(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 Circuit Court
within thirty(30) days of the execution of the Order appealed. An appeal shall not he a hearing de nova,
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—Jeffrey M. Stone and Mardi S.Moorman State of Honda
Collier Co.Code Enforcement Dept. County of COLUER
I HERE51' of t,`-YTS jhis is a true and
correct_Co y,of a d tint'''n,„file in
Board'f*nuteVand_F?ecords'cC Coliier County
VV1TNES-SSi my hand and Officials-seal this
2-.454y of. 11
C1h'ICHT RO-C K.CLEReOF COURTS
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