Agenda 01/12/2016 Item #16A13 1/12/2016 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $29,273.91 for payment of $4,223.91, in the code enforcement actions entitled Board of
County Commissioners v. Roger Dale Mooneyham and Roxie Mooneyham, Code Enforcement
Special Magistrate Case Nos. CEPM20110004770 and CEROW20120000549, relating to property
located at 4998 23rd Ct. SW, 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 $29,273.91, for payment of
$4,223.91, in relation to the Code Enforcement Special Magistrate Case Nos.
CEPM20110004770 and CEROW20120000549.
CONSIDERATIONS: As a result of various code violations at 4998 23`d Ct. SW, 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. CEPM20110004770 was recorded in the Official Records on October 19,
2011, at O.R. Book 4728, Page 1887 (for an unmaintained pool with green stagnant water and
unsecured screen door enclosure and fence) and it encumbers all real and personal property
owned by Roger Dale Mooneyham and Roxie Mooneyham. The lien amount of $25,111.71 is
based on a total of 48 days of accrued fines, for Orders B and C consecutively (at $250 per day
from July 9, 2011 through August 25, 2011) plus $112.56 in operational costs and $999.15 in
abatement costs. The property was brought into compliance on August 25, 2011.
The lien in Case No. CEROW20120000549 was recorded in the Official Records on October 17,
2012, at O.R. Book 4846, Page 1974 (for vegetation in County right-of-way) and it encumbers
all real and personal property owned by Roger Dale Mooneyham and Roxie Mooneyham. The
lien amount of$4,162.20 is based on 15 days of accrued fines ($100 per day from July 2, 2012
through July 16, 2012) plus $112.20 in operational costs and $2.550 in abatement costs. The
property was brought into compliance on July 16, 2012.
The property was acquired by 4998 GGC, LLC., via special warranty deed on June 9, 2015.
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 owner has paid $4,223.91. The new
owner is requesting a waiver of$25,050 in accrued fines.
FISCAL IMPACT: Payment of$4,223.91 has been made, representing $450 in fines, $224.76
in operational costs and $3,549.15 in abatement costs. If approved by the Board, accrued fines in
the amount of$25,050 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[1 5-CED-01084/1228157/1]
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1/12/2016 16.A.13.
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$25,050, accept payment amount
of $4,223.91, 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
[15-CED-01084/1228157/1]
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1/12/2016 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$29,273.91 for payment of$4,223.91, in the code
enforcement actions entitled Board of County Commissioners v. Roger Dale Mooneyham and
Roxie Mooneyham, Code Enforcement Special Magistrate Case Nos. CEPM20110004770 and
CEROW20120000549, relating to property located at 4998 23rd Ct. SW, Collier County, Florida.
Meeting Date: 1/12/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/11/2015 2:24:57 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 12/13/2015 7:32:06 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/14/2015 2:19:18 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/14/2015 2:21:10 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/14/2015 7:45:59 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 12/15/2015 11:35:59 AM
Name: MarcellaJeanne
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1/12/2016 16.A.13.
Title: Executive Secretary, Transportation Administration
Date: 12/16/2015 8:26:35 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 12/16/2015 9:56:47 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/16/2015 3:13:52 PM
Name: CasalanauidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:17:20 AM
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1/12/2016 16.A.13.
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:
Roger Dale Mooneyham and Roxie Mooneyham,
Respondents
The lien was recorded on October 19, 2011, in Official Records Book 4728, Page 1887, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty-five thousand one hundred eleven dollars and seventy-one cents ($25,111.71), 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 Noel!
Assistant County Attorney
CEPM20110004770
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1/12/2016 16.A.13.
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:
Roger Dale Mooneyham and Roxie Mooneyham,
Respondents
The lien was recorded on October 17, 2012, in Official Records Book 4846, Page 1974, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand one hundred sixty-two dollars and twenty cents ($4,162.20), 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 Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEROW20120000549
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INSTR 4617440 OR 4728 PG 1887 RECORDED 10/19/2011 9.13 AM PAGES 2 1/12/2016 16.A.13.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20110004770
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROGER DALE MOONEYHAM AND
ROXIE MOONEYHAM,
Respondents.
ORDER OF—THE SPECIAL MAGISTRATE
/ //-IMPOSING FINES/LIENS-7;\
i( / U! 1 4 )
THIS CAUSE carne bef re'the Spccal\Mrag siraJ for public hearing upon the Petitioner's
Motion for Imposition of Finest n n-C'}etcsbe'-7-, and ttte-8peo GiMagistrate,having heard
argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the
Special Magistrate,as follows
FINDINGS OF FACT \
1. On July 1,2011,Respondents were"founts gtitiltti.et--Violation of Collier County Code of Laws and
Ordinances Chapter 2 2, Article VI, Section 22-231(15), (12)(i) for a pool that is green and unable
to secure the screen enclosure door and the door to the fence, which violation occurred on the
property located at 4998 23rj Court SW,Naples, FL Folio 436110760000(Legal Description:
GOLDEN GATE UNIT 4 BLK 117 LOT 5).
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before July 8,2011,or a fine of S250.00 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 4702,
PG 187).
3. Operational costs of 5112.56 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondents,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 07-44 has been timely filed.
6. The violation has been abated as of Autrust 25,2011.
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a** OR 4728 PG 1888 =* 1/12/2016 16.A.13.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Part B of the Order,Pool:Daily fines of S250.00 per day are assessed against Respondents for 48
days for the period from July 9,201 l to August 25,2011 for a total amount of fines of
SI 2,000.00.
C. Part C of'the Order,Enclosure:Daily fines of$250.00 per day are assessed against Respondents
for 48 days for the period from July 9,2011 to August 25,2011 for a total amount of fines of
$12,000.00.
D. Respondents shall pay the previously assessed-operational costs of 5112.56.
: t . COf -,
E. Respondents shall pay the costs abatement incurred by'tlhe county in the amount of 5999.15.
F. Respondents are ordered:to pax•.f-ines-and costs in the total nhonnt of 525,111.71 or be subject to
Notice of Assessment of Lien against,all pr.•,erties Owned by Respondent in Collier County,
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DONE AND ORDERED this_____c\-- -iir'o' It 0' ;1011 at-Collier County,Florida.
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✓ PAYMENT F FINES: Any fires ordered to he paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104,fax 4
(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 be a hearing de novo,
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-Roger Dale Mooneyham and Roxie Mooneyham
Collier Co.Code Enforcement Dept,
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INSTR 4752601 OR 4846 PG 1974 RECORDED 10/17/2012 10:22 AM PAGES 2 1/12/2016 16.A.13.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEROW20120000549
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROGER DALE MOONEYHAM AND
ROAIE MOONEYHAM,
Respondents.
c�;r -
ORDER OrTIIE SPECIAL MAGISTRATE
I"-IMPOSING 4 I1 ESU.I� ENS\
l { \.] f Y_- 2 Ni
THIS CAUSE came be-kite th0peci tl laglstmtc Iort_publici hearing upon the Petitioner's
Motion for Imposition of FinesiLien1—n October r5..72':012, liisd`the. pecial Magistrate, having heard
argument respective to all appropriate matters, hereupon:issues its indings of Fact and Order of the
Special Magistrate,as follows: `
FINT.)INGS C)1=FACT,` ,;
f Y s,} L>-
1• On June 1,2012, Respondent was fdirnd guilt3 otvidlation of Collier County Code of Laws and
Ordinances,Chapter 110 Roads and Bridges,Article II,Construction in Right of Way,Division I
Generally, Section 110-31(a) for vegetation in county right of way,which violation occurred on
the property located at 4998 23rd Court SW,Naples,FL Folio 1136110760000(Legal Description:
GOLDEN GATE UNIT 4 ELK 117 LOT).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 1,2012,or a fine of S1 00.00 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 4806,
PG 3278).
3. Operational costs of 811220 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 2010-04 has been timely filed.
6. The violation has been abated as of July 16,2012.
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1.-** OR 4846 PG 1975 *** 1/12/2016 16.A.13.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2010-04,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 15 days for the period from
July 2,2012 to July 16,2012,for a total amount of fines of$1,500.00.
C. Respondent shall pay the previously assessed operational costs of S112.20.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of$2,550.00.
E. Respondent is ordered to pay fines and costs in the total amount of 54,162.20 or be subject to
Notice of Assessment of Lien against against-ailipTOrierties.owned by Respondent in Collier County,
t'� a_
Florida. )(-,_� ,' `..
DONE AIvD;'ORDERLI?this d 4 Qf- t ,2012,at Collier County,Florida.
tat Or F'itittl OF � � u �
'aunty of CQt`OER �fp — w� . 1 : l .F ,/•
COC'N I ;.,,CODE ENFORCEMENT
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WIGHT E. BROCA,CLERK Olr COUF ID'
Aor a , Y o • •ENDA C. GARRE SON
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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 ,
(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 be a hearing de novo,
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-Roger Dale Mooneyham and Roxie Mooneyham
Collier Co. Code Enforcement Dept.
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