Agenda 01/12/2016 Item #16A14 1/12/2016 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of three (3) code enforcement liens with a combined
accrued value of $74,631.03 for payment of $2,831.03, in the code enforcement actions entitled
Board of County Commissioners v. Chad A. and Crystal M. Shannon, Code Enforcement Special
Magistrate Case Nos. CEPM20100002536, CEPM20110011548 and CEPM20140011736, relating to
property located at 6654 Castlelawn PL, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three
(3) code enforcement liens with a combined accrued value of $74,631.03, for payment of
$2,831.03, in relation to the Code Enforcement Special Magistrate Case Nos.
CEPM20100002536, CEPM20110011548 and CEPM20140011736.
CONSIDERATIONS: As a result of various code violations at 6654 Castlelawn PL, as
reflected below, the Code Enforcement Special Magistrate ordered the imposition of three liens
against the property as follows (in chronological order based on lien recording date):
The lien in Case No. CEPM20100002536 was recorded in the Official Records on April 15,
2011, at O.R. Book 4672, Page 1837 (for an unmaintained pool with green stagnant water) and it
encumbers all real and personal property owned by Chad A. and Crystal M. Shannon. The lien
amount of $38,508.20 is based on a total of 151 days of accrued fines (at $250 per day from
August 10, 2010 through January 7, 2011) plus $112.20 in operational costs and $646 in
abatement costs. The property was brought into compliance on January 7, 2011.
The lien in Case No. CEPM20110011548 was recorded in the Official Records on March 21,
2012, at O.R. Book 4776, Page 3202 (for repeat violation of an unmaintained pool with green
stagnant water) and it encumbers all real and personal property owned by Chad A. and Crystal
M. Shannon. The lien amount of$18,393.70 is based on 35 days of accrued fines ($500 per day
from December 10, 2011 through January 13, 2012) plus $112.20 in operational costs and
$781.50 in abatement costs. The property was brought into compliance on January 13, 2012.
The lien in Case No. CEPM20140011736 was recorded in the Official Records on November 6,
2014, at Q.R. Book 5092, Page 1646 (for repeat violation of an unmaintained pool with green
stagnant water) and it encumbers all real and personal property owned by Chad A. and Crystal
M. Shannon. The lien amount of$17,729.13 is based on 34 days of accrued fines ($500 per day
from July 26, 2014 through August 28, 2014) plus $229.13 in operational costs and $500 in civil
penalty. The property was brought into compliance on August 28, 2014.
Following a foreclosure eliminating the County's liens, (Case No. 2012-CA-3168), the property
was acquired by Deutsche Bank National Trust Company, et al., via a certificate of title which
was recorded on July 24, 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
[1 5-CED-01 08 5/1 2 28200/1]
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1/12/2016 16.A.14.
achieved. The property is being actively maintained and the new owner has paid $2,831.03. The
new owner is requesting a waiver of$71,800 in accrued fines.
FISCAL IMPACT: Payment of$2,831.03 has been made, representing $450 in fines, $453.53
in operational costs, $1,427.50 in abatement costs and $500 in civil penalty. If approved by the
Board, accrued fines in the amount of$71,800 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$71,800, accept payment amount
of $2,831.03, 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 (3)
2) Lien Orders
[1 5-CED-01085/1228200/1]
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1/12/2016 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of three (3) code enforcement
liens with a combined accrued value of$74,631.03 for payment of$2,831.03, in the code
enforcement actions entitled Board of County Commissioners v. Chad A. and Crystal M.
Shannon, Code Enforcement Special Magistrate Case Nos. CEPM20100002536,
CEPM20110011548 and CEPM20140011736, relating to property located at 6654 Castlelawn PL,
Collier County, Florida.
Meeting Date: 1/12/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/11/2015 2:27:14 PM
Approved By
Nance: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 12/13/2015 7:34:06 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/14/2015 2:21:51 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/14/2015 2:22:48 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/14/2015 7:46:12 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 12/15/2015 11:36:52 AM
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1/12/2016 16.A.14.
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 12/16/2015 8:29:43 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 12/16/2015 9:58:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/16/2015 3:15:30 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:18:15 AM
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1/12/2016 16.A.14.
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:
Chad A. and Crystal M. Shannon,
Respondents
The lien was recorded on April 15, 2011, in Official Records Book 4672, Page 1837, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty-
eight thousand five hundred eight dollars and twenty cents ($38,508.20), 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
CEPM20100002536
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1/12/2016 16.A.14.
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:
Chad A. and Crystal M. Shannon,
Respondents
The lien was recorded on March 21, 2012, in Official Records Book 4776, Page 3202, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
eighteen thousand three hundred ninety-three dollars and seventy cents ($18,393.70), 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
CEPM201 1 001 1 548
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.
1/12/2016 16.A.14.
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:
Chad A. and Crystal M. Shannon,
Respondents
The lien was recorded on November 6, 2014, in Official Records Book 5092, Page 1646, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventeen thousand seven hundred twenty-nine dollars and thirteen cents ($17,729.13), 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
CEPM20140011736
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, ' INSTR 4549828 OR 4672 PG 1837 RECORDED 4/15/2011 2:45 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 1/12/2016 16.A.14.
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20100 002536
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
CHAD A.and CRYSTAL M.SHANNON,
Respondents.
/
ORDER'441IEISPEC1A M14GtSTRATE
3;
t I YzPOSING FINESILIrNS"\
THIS CAUSE came before the Sp'eezal,-Magistratd'fdr publid,`heaning upon the Petitioner's
Motion for Imposition of Finesfl ieiia on -p �1 ,_ he-Sp 1 Magistrate,having heard
argument respective to all appropriate matte s„,"hefedpo:i, sliest . `in sings of Fact and Order of the
Special Magistrate,as follows., ? .
•
FINDINGS OF FACT; ;_
1. On August 6,2010,Responc`icnts.were found guilty of iolati.n of Copier County Code of Laws
and Ordinances Chapter 22,Article VTi-'"Sccction_22-231 (15javrp o)in backyard with green stagnate
• water,which violation occurred on the pr'-opett 479a- tl6651',Castlelawn Place,Naples,FL,Folio
25117600265(Legal Description:C�ALLI!FT-P:ESFc' VEIHO) LOT 5)
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before August 9,2010,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 4597, PG 1001).
3. Operational costs of 511220 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
hot;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 January 7, 2011.
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:
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*** OR 4672 PG 1838 ***
1/12/2016 16.A.14.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondents for 151 days for the period from
August 10,2010 to January 7,2011 for a total amount of fines of$37,750.00.
C. Respondents shall pay the previously assessed operational costs of$112.20.
D. Respondents shall pay the costs of abatement incurred by the county in the amount of$646.00
E. Respondents are ordered to pay fines and costs in the total amount of S38,508.20 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
DONE AND ORDERED this ,Sr,sl:: _ t. 2011 at Collier County,Florida.
stand : f u:RlUA '%` N
county of COLLIER '\
I HEREt�Y CERTfF1FTliA this is a are# ' ,j-� >= Oi 40- '4 Y CODE ENFORCEMENT
correct coo ar oocumer an<ila¢ to
f "� �` 5 ° CILlL4 IRATE
;oard t iniltes ariq:Recoitas :Collier Cott r � ,,l
e gS ",iriv n ar1W' 1 Oat seal this —
a1, `t
71\GHT
� 1
E:;BROG ;'C(.ERK"C}f COURTS
ti-4 .� ., ,� /7 RENDA-C ' ETS ON
PAYMENT a 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(s)—Chad A.and Crystal M. Shannon
Collier Co.Code Enforcement Dept.
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INSTR 4671242 OR 4776 PG 3202 RECORDED 3/21/2012 9:46 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50 1/12/2016 16.A.14.
COLLIER COUNTY CODE ENFORCEMENT,
SPECIAL MAGISTRATE
Case No.—CEPM20110011548
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
CHAD A.SHANNON AND
CRYSTAL M.SHANNON,
Respondents. : t'. Co A
,
ORDER/OFT'#IE SPECI'AL_h1AGJS'TRATE
i L.,-IYMOSItgt I HSI.I4ENS-1
T \ '\ 1 --\0 J r// 1
THIS CAUSE came before thc_Speciat.Magistrate for pjb€ hearing upon the Petitioner's
Motion for Imposition of FinesYLtens`on-V1iaror 20`.-2 and thei5pecial,Magistrate,having heard
argument respective to all appropriate matters,hereupon issues its FiricTings of Fact and Order of the
Special Magistrate,as fo1Iows.
r P 1 ,1D1NGS OF FAC 1\
I. On December 2,2011,Respondent Ci,ts4onalitkillry—of violation of Collier County Code of Laws
and Ordinances,Chapter 22,Article VI, Section 22-231(15) for a repeat violation of a pool with
green,stagnant water,which violation occurred on the property located at 6654 Castlelawn Place,
Naples,FL Folio 425117600268 (Legal Description:CALUMET RESERVE(r10) LOT 8).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 9, 2011,or a fine of S500.00 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 4745,PG 31471.
3. Operational costs of S112.20 incurred by the County in the prosecution of this ease 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 January 13,2012.
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•*** OR 4776 PG 3203 ***
1/12/2016 16.A.14.
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$500.00 per day are assessed against Respondent for 35 days for the period from
December 10,2011 to January 13,20]2,for a total amount of fines of$17,500.00.
C. Respondent shall pay the previously assessed operational costs of$112.20.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of$781.50.
E. Respondent is ordered to pay fines and costs in the total amount of$18393.70 or be subject to
Notice of Assessment of Lien against al.l--properties owned by Respondent in Collier County,
Florida. 1
� \`
'\.
DONE AND ORDERED this da 2012yat Collier County,Florida.
CdER CI'Y-CODE ENFORCEMENT
SPEC INA,MAIGISTE
\ iTti4 t
B t. NDA C. GABON
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#
(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 art Appeal will not automatically stay the Special Magistrate's Order.
JtaTN a7 t _;;RtteA
cc: Respondent—Chad A. Shannon and Crystal M. Shanno5unbr of COLUER
•
Collier Co.Code Enforcement Dept. �5��5.
i HEREBY CERTIFY THAT tttts-:ip: twat! `.'s
;.orrect cony of a 000umerrt at:,fle`" � r!
Board Minutes and Recgrot of gkai blif
ESS my ita t aM bf'fi sMtE#ttk .``
o v� .
CWMG• E. --• CLERK O ' .lr
voi
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INSTR 5049443 OR 5092 PG 1646 RECORDED 11/6/2014 2:57 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 1/12/2016 16.A.14.
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM201 400 1 1736
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
CHAD A.SHANNON AND
CRYSTAL M.SHANNON,
Respondents.
ORDEZ".f?F THE SPECIAL MAISTRATE
•' I'MPOSIN£ INF;S1L.IEN& \
THIS CAUSE came,befo, rS ahNiagi'stti�a r,p bli hearing upon the Petitioner's
Motion for Imposition of FineAtens on Otrto et 3,t t4, anlithe Special Magistrate, having heard
argument respective to all aPpopnate-uma xsi? ue.on issiiesLtts'Fin Jiings of Fact and Order of the
Specie! Magistrate,as follows';
-
FINDINGS OF FA'C '„/
/
On July 18,2014, Respondent was tp_tznd. ulty-ofvtoiatiori of Collier County Code of Laws and
Ordinances,Chapter 72,Article'\-I;:Sett>gr.2 23 1.5)for a repeat violation of a pool with green
stagnant water, which violation occurred dirt property located at 6654 Castlelawn Place,
Naples, FL,Folio;425117600268(Legal Description:CALUMET RESERVE(HO)LOT 8).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 25,2014,or a fine of$500.00 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 5071,
PG 3299).
3. Operational costs of S l 15.10 incurred by the County in the prosecution of this case were ordered
to be paid.
4. A civil penalty of$500.00 for the repeat violation was ordered to be paid.
5. 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.
6. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been
timely filed.
7. The violation has been abated as of August 28,2014.
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x** OR 5092 PG 1647 ***
1/12/2016 16.A.14.
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$500.00 per day are assessed against Respondent for 34 days for the period from
July 26,2014 to August 28,2014,for a total amount of fines of$17,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.10.
D. Respondent shall pay the previously assessed civil penalty in the amount of$500.00.
E. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$I14.03. n `(
F. Respondent is ordered to pay ftci a d costs in the tObeantiOunt of S17.729.13 or be subject to
Notice of Assessment of Lien;against all properties owned by`1 espondent in Collier County,
Florida. / / s, --f' `\ ,
DONE AND ORDERED this J t'¢(day o W tz;, ¢k2044 at Collier County,Florida.
County o`COLLIER : 1
COLLIE COUYI CODE ENFORCEMENT
- SPECIAL 7A.GISTRA'I"L
i HEREBY CERTI i't.F�AT•thisis a true and
d Conti in f ', / '� /
correct copy-.6f a-,��ume, �....,,(e�;,, ��, � -:,, r ,�, �,•
Board F.4inules.and ResordsoTCoIt er County
'T 'T 'ESSmyhr,n n ia'Ae t is
y,` ;day of �
DWIGHT/E.BROOK;`.Ct.RKOF COURTS OlL,.a.!7 IAC.GTSON
'AYMENT 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,phone;r
(239) 252-2440 or Colliergov.net. 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—Chad A.Shannon and Crystal M.Shannon
Collier Co. Code Enforcement Dept.
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