Agenda 07/12/2016 Item #16A17 7/12/2016 16.A.17.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$560,203.75 for payment of $4,703.75 in the code enforcement action entitled Board of County
Commissioners v. Granada Lakes Villas Condominium Association, Inc., Code Enforcement Board
Case No. CEPM20130002733 relating to property located at 116 Santa Clara Drive, #8, 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$560,203.75 for payment of$4,703.75 in relation
to the Code Enforcement Board Case No. CEPM20130002733.
CONSIDERATIONS: As a result of a code violation at 116 Santa Clara Drive, #8, consisting
of a vacant unsecured structure with torn/missing screens, what appears to be mold, missing half
of a sliding glass door and broken windows, failing to receive inspections and a Certificate of
Occupancy/Completion. The Code Enforcement Board ordered the imposition of a lien against
Deutsche Bank National Trust Co., in Case No. CEPM20130002733. The lien was recorded in
the Official Records on December 10, 2013, at O.R. Book 4990, Page 2908. The lien amount of
$560,203.75 is based on a total of 2,226 days of accrued fines (at $250 per day from May 18,
2013 through April 17, 2016) plus $112.38 in operational costs and $3,591.37 in abatement
costs. The property was brought into compliance on April 27, 2016.
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 $4,703.75 in settlement of fines. The owner is
requesting a waiver of$555,500 in accrued fines, see attached hardship letter as required.
FISCAL IMPACT: Payment of $4,703.75 has been made, representing $1,000 in fines and
$112.38 in operational costs and $3,591.37 in abatement costs. If approved by the Board,
accrued fines in the amount of$555,500 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 $555,500, accept payment
amount of$4,703.75, 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-01141/1261809/1]
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7/12/2016 16.A.17.
Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management
Department
Attachments:
1)Release and Satisfaction of Lien
2) Lien Order
3)Hardship letter
[16-CED-01141/1261809/1]
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7/12/2016 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$560,203.75 for payment of$4,703.75 in the code enforcement action
entitled Board of County Commissioners v. Granada Lakes Villas Condominium Association, Inc.,
Code Enforcement Board Case No. CEPM20130002733 relating to property located at 116 Santa
Clara Drive, #8, Collier County, Florida.
Meeting Date: 7/12/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist, Code Enforcement
6/7/2016 3:18:09 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 6/7/2016 4:09:22 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 6/7/2016 4:16:48 PM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 6/7/2016 4:27:34 PM
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 6/8/2016 11:23:51 AM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/16/2016 2:38:35 PM
Name:NoellKevin
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7/12/2016 16.A.17.
Title: Assistant County Attorney, CAO General Services
Date: 6/17/2016 4:32:24 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 6/24/2016 1:52:48 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2016 2:22:43 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/30/2016 5:23:44 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 7/1/2016 5:04:49 PM
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7/12/2016 16.A.17.
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:
Deutsche Bank Natl Trust Co.,
Respondent
The lien was recorded on December 10, 2013, in Official Records Book 4990, Page 2908, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
five hundred and sixty thousand two hundred three and seventy five cents ($560,203.75), 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
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INSTR 4922144 OR 4990 PG 2908 RECORDED 12/10/2013 9:06 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 7/12/2016 16.A.17.
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20130002733
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
•
Petitioner,
vs.
DEUTSCHE BANK NATL TRUST CO.,
Respondent.
/
ORDER O�,. , .CR D yGISTRATE
Imo`:7,33 gsawi..,NlrL
THIS CAUSE came h- ore - .- 'al Magistrate for, public hearing upon the Petitioner's
Motion for Imposition of Fine ie,s o,. ., .ern• , 113, an• thepecial Magistrate, having heard
argument respective to all apurop is tt- •-.. e • ..• i. - ' Findings of Fact and Order of the
Special Magistrate,as follows
(:IØ FA y
1. On May 3,2013,Respo, , was found guilty o`-4-at o .4 •llier County Code of Laws and
Ordinances,Chapter 22, - -to.4I,Section 22-231 ( - 4► 31 (12)(1),22-231 (12)(p),22-
231(19),22-242,and 22-2,' .r a vacant unse -1 • cture with torn/missing screens,
what appears to be mold,miqi . a: i•._ ut$ •.or and broken windows,which
violation occurred on the property �•t . ... . Clara Drive,Unit 8,Naples, FL, Folio
#46573000782(Legal Description: GRANADA LAKES VILLAS CONDOMINIUM BLDG
116-08).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 17,2013, 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 4922,
PG 607).
3. Operational costs of$112.38 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 Iegal 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 partially abated as of July 30,2013.
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OR 4990 PG 2909
7/12/2016 16.A.17.
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. Part B of the Order:Daily fines of$250.00 per day are assessed against Respondent for 182 days
for the period from May 18,2013 to November 15,2013,for a total amount of fines of
$45,500.00.
C. Part D of the Order:Daily fines of$250.00 per day are assessed against Respondent for 182 days
for the period from May 18,2013 to November 15,2013, for a total amount of fines of
$45,500.00.
D. Part E of the Order:Daily fines of$250.00 per day are assessed against Respondent for 74 days
for the period from May 18,2013 to July 30,2013,for a total amount of fines of$18,500.00.
E. Respondent shall pay the previously assessed operational costs of$112.38.
F. Respondent shall pay the mold re-• •' c —d by the county in the amount of
$2,045.37. 0 i
G. Respondent shall pay th- •oar• • • incurred by the c un in the amount of$1,546.00.
H. Respondent is ordered o p.y •- a •k is • • - t• • • •• nt • 5113,203.75 or be subject to
Notice of Assessment •f L n :g." st I r, , s ,, , .4Ty Respondent in Collier County,
Florida.
J r .r�__•
l
I. The daily fine of$250.1 t •11 continue to accrue til a 'ateme""`t has been confirmed by a Collier
County Code Enforcem; c vestigator.
DONE AND ORDERED this 1 Q_C►.,. t I. 1 at Collier County,Florida.
4r-ktL OUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
0 41 --S1616
'' NDA C.GARRETSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Ccllier 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.
T\. Packet Page -376-
**I OR 4990 PG 2910 ***
7/12/2016 16.A.17.
v-W,R COi,
cpC.
7-11
State of Florida
County of COLLIER
I HEREBY CERTIPT.TY141his is a triJe arid7.
correct copy cf a d'Ocu'Entirion file in
Board Minutes and4.2ecordS of cAllieit Courtly
WITNESS my hand 'TIc:1•Official Seat
144A-day
.ttz•- _ •
Packet Page-377- _DWIGHT E.BirCK,CLERK OF COLfitTS2.,,,
7/12/2016 16.A.17.
GRANADA LAKES VILLAS CONDOMINIUM ASSOCIATION, INC.
May 6,2016
Board of County Commissioners
C/O Collier County Code Enforcement
2800 N Horseshoe Drive
Naples, FL 34104
RE: CEPM 20130002733
116 Santa Clara Dr, Unit 8
Folio: 46573000782
Dear Commissioners:
Granada Lakes Villas Condominium Association, Inc. owns the subject condominium unit and
has abated the violations that caused the enforcement action. We would like to pay at this time
the direct enforcement costs of $3,703.75 and further ask the Commissioners to reduce the
outstanding fines to $1,000.00. The issues surrounding this case are similar to other cases from
the aftermath of the recession with owners and banks abandoning their properties.
Granada Lakes Villas Condominium Association, Inc. received a Certificate of Title to the
condominium unit from the Clerk of Court as the result of a lien foreclosure from unpaid
condominium assessments in 2012. In April 2013 the Association signed a Quit Claim Deed
giving title to the unit to the mortgage holder, Deutsche Bank.
The enforcement action initially started in May 2013 and subsequently was imposed against the
mortgage holder, Deutsche Bank, on the unit in November 2013. Deutsche Bank refused to take
action to make the necessary repairs to the unit to abate the code issues. In July 2014 Deutsche
Bank refused to accept title to the unit and gave it back to the Association. Finally in November
2015 Deutsche Bank released their mortgage on the unit with the Association now owning the
unit free and clear. The Association was then able to complete the repairs and have the code
enforcement action closed. I have enclosed copies of the various documents for your review.
The Association continues to face severe financial hardships due to the majority of condominium
units within the community going through foreclosure and the associated deficit in owner
assessments received. We would like to resolve the Code Enforcement issues with this unit and
pay the proposed amount above, which will then give us the ability to sell the unit and recover a
portion of the lost assessments from this unit. Unfortunately, the condition of the unit itself
reflects its history and it needs to be fully renovated. However, upon a Buyer purchasing the unit
and renovating it, the unit will once again be a nice home.
Please consider and approve our offer of$4,703.75 to fully settle this Code Enforcement case.
Sincerely,
Frank Cooper,
President
145 SANTA CLARA DR NAPLES, FL 34104 (239) 206-2678
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