Agenda 04/26/2016 Item #16A11 4/26/2016 16.A.11 .
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$34,362.82 for payment of $562.82 in the code enforcement action entitled Board of County
Commissioners v. Jack and Muriel Floyd, Code Enforcement Special Magistrate Case No.
CEPM20120009545 relating to property located at 11466 Laertes Lane,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$34,362.82 for payment of$562.82, in relation
to the Code Enforcement Special Magistrate Case No. CEPM20120009545.
CONSIDERATIONS: As a result of a code violation at 11466 Laertes Lane, consisting of an
unsecure dwelling in need of repair and maintenance, including exterior walls, interior walls,
electrical system, doors, windows, and other areas throughout the dwelling, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Jack and Muriel Floyd,
in Case No. CEPM20120009545. The lien was recorded in the Official Records on April 23,
2013, at O.R. Book 4912, Page 140, and it encumbers all real and personal property owned by
Jack and Muriel Floyd. The lien amount of$34,362.82 is based on a total of 137 days of accrued
fines (at $250 per day from October 13, 2012, through February 26, 2013) plus operational costs
of$112.82. The property was brought into compliance on February 26, 2013.
The property was acquired by Michael J. Molinari, via warranty deed which was recorded on
March 4, 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 $562.82. The
new owner is requesting a waiver of$33,800.00 in accrued fines.
FISCAL IMPACT: Payment of$562.82 has been made and if approved by the Board, accrued
fines in the amount of$33,800.00 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 $33,800.00, accept payment
amount of$562.82, 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-01109/1244741/1]
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4/26/2016 16.A.11.
Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management
Department
Attachments:
1) Release and Satisfaction of Lien
2) Lien Order
[16-CED-01109/1244741/1]
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4/26/2016 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of
$34,362.82 for payment of$562.82 in the code enforcement action entitled Board of County
Commissioners v.Jack and Muriel Floyd, Code Enforcement Special Magistrate Case No.
CEPM20120009545 relating to property located at 11466 Laertes Lane, Collier County, Florida.
Meeting Date: 4/26/2016
Prepared By
Name: BuchillonHelen
Title: VALUE MISSING
3/17/2016 3:51:14 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/21/2016 10:3 6:5 7 AM
Name: Burgoslliana
Title: Supervisor-Operations, Code Enforcement
Date: 3/21/2016 11:15:25 AM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/22/2016 2:13:45 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/22/2016 2:14:33 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/22/2016 4:03:09 PM
Name: MarcellaJeanne
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4/26/2016 16.A.11.
Title: Executive Secretary,Transportation Administration
Date: 3/24/2016 9:49:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date:4/4/2016 3:53:00 PM
Name: FrenchJames
Title:Deputy Department Head-GMD, Growth Management Department
Date: 4/7/2016 2:16:21 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 9:37:52 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 9:42:45 AM
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4/26/2016 16.A.11 .
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:
Jack and Muriel Floyd,
Respondent
The lien was recorded on April 23, 2013, in Official Records Book 4912, Page 140, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty-
four thousand three hundred sixty-two dollars and eighty-two cents ($34,362.82), 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
CEPM20120009545
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INSTR 4829449 OR 4912 PG 140 RECORDED 4/23/2013 6:09 PM PAGES 2 4/26/2016 16.A.11.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120009545
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JACK FLOYD AND MURIEL FLOYD,
Respondents.
• 1�
ORDE' cakga EC -1 i'• . tTRATE
1�7'OSING FINES/LI :
THIS CAUSE came •efo thl—IIP ~ e for •ubli hearing upon the Petitioner's
Motion for Imposition of Fi i S S.- ial Magistrate, having heard
argument respective to all ap•ro• ~ y' - ' in.ings of Fact and Order of the
Special Magistrate,as follows L -,
,,� FINDINGS OF
1. On October 5,2012,Res was found guilty of • : '• of Collier County Code of Laws
and Ordinances,Chapter 22, :Alt'th....41
and Build': 2' , ions,Article VI Property
Maintenance Code,Section 22- 4 .11 ` I•I:ection 22-242 for an unsecured dwelling
in need of repair and maintenance,' iAIP- walls,interior walls,electrical system,
doors,windows,and other areas,which violation occurred on the property located at 11466
Laertes Lane,Naples,FL Folio#759560008(Legal Description: 16 51 27 S1/2 OF W1/2 OF
NE1/4 OF NW1/4 OF SE1/4 2.5 AC OR 175 PG 114).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 12,2012,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 4846,PG 1982).
3. Operational costs of S112.82 incurred by the County in the prosecution of this case have not been
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 February 26,2013.
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*** OR 4912 PG 141 *** 4/26/2016 16.A.11 .
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$250.00 per day are assessed against Respondent for 137 days for the period from
October 13,2012 to February 26,2013,for a total amount of fines of$34,250.00.
C. Respondent shall pay the previously assessed operational costs of$112.82.
D. Respondent is ordered to pay fines and costs in the total amount of$34,362.82 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
R COUNT
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DONE AND ORDERED this ' L..: . It‘ \ 20 at oilier County,Florida.
C r i . ,`. ,7 s ODE ENFORCEMENT
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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 an Appeal will not automatically stay the Special Magistrate's Order.
S;ata o`Fl.;ida,
County of C • L ER 2:
cc: Respondent-Jack Floyd and Muriel Floyd ' .,r a�,hs.is a true and
Collier Co.Code Enforcement Dept. I HE E4�Z•'.'T ,,yf' t ti in
Corr fiCi), e.,1 / . r County
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D. .
INSTR 4752605 OR 4846 PG 1982 RECORDED 10/17/2012 10:22 AM PAGES 2 4/26/2016 16.A.11 .
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120009545
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JACK FLOYD AND MURIEL FLOYD,
Respondents.
ORDER_I_ STRATE
THIS CAUSE came on f•. •• • lc hearing before the S.: ial agistrate on October 5,2012,and
the Special Magistrate, havin: h . . 4 s uno •. r •ath, r- iv- evidence and heard argument
respective to all appropriate att , he - '•n ' es its Findin:. o' Fact and Order of the Special
Magistrate,as follows:
�►f a e+. FAQ'
1. Respondents,Jack Fl. 'd Muriel Floyd,are > .o i e of e subject property.
2. Respondents were notifi •bf - date of hearing by c: ''' -, mail and posting and the Special
Magistrate has jurisdiction . t er.
3. Respondents,having been duly not , •'• pear at the hearing.
4. The real property located at 11466 Laertes Lane,Naples,Florida,Folio#759560008(Legal
Description: 16 51 27 S1/2 OF W1/2 OF NE1/4 OF NW1/4 OF SEI/4 2.5 AC OR 175 PG
114),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(1)through(20),
and Section 22-242,in the following particulars:
Unsecure dwelling in need of repair and maintenance,including exterior walls,interior walls,
electrical system,doors,windows,and other areas throughout dwelling.
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. 2010-04, it is
hereby ORDERED:
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1** OR 4846 PG 1983 *** 4/26/2016 16.A.11.
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(1)through(20),and Section 22-242.
B. Respondent must abate the violation by obtaining all required Collier County Demolition Permits,
inspections,and Certificate of Completion on or before October 12,2012 or a fine of$250.00
per day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violation using any method to bring the violation into compliance.If necessary,the
County may request the services of the Collier County Sheriff's Office for the purpose of
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
$112.82 on or before November 5,2012.
E. Respondent shall notify the C. B '. 1 y •r,Danny Condomina,within 24 hours
of abatement or compliance( l . final inspectio•• t�b� •erformed to confirm compliance.
L �
DONE AND ORDERED this b ita,drittlE111 201 at t oilier County,Florida.
(10 + l t R a : i ODE ENFORCEMENT
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#
(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
Stack or FLA1DA • r t`Y—r, ,.
'loamy of COLDER ; • a>' 1
cc: Respondent(s)—Jack Floyd and Muriel Floyd UkAS yr.
Collier Co.Code Enforcement Dept. I HEREBY CERTIFY.7. T•thfi ls•a'th1,1
-orrect cony of 8 do � p;,fiie lrt• .
Board Minutes=and5104,•<<• of CQtller County
S • 'el ae i_this
aay Of r �^
!WIGHT E. BROC'1c,CC£g CQURT$
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