Agenda 11/15/2016 Item #16A23 16.A.23
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$158,656.43 for payment of $450 in the code enforcement action entitled Board of County
Commissioners v. Rebecca Roach, Code Enforcement Board Case No. CEPM20150015224 relating
to property located at 4161 Golden Gate Parkway,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 $158,656.43 for payment of $450 in relation to the Code
Enforcement Board Case No. CEPM20150015224.
CONSIDERATIONS: As a result of a code violation at 4161 Golden Gate Parkway, consisting of an
occupied dwelling with no water service, no electricity, and a broken window on Unit #4. The Code
Enforcement Board ordered the imposition of a lien against Rebecca Roach, in Case No.
CEPM20150015224. The lien was recorded in the Official Records on December 22, 2015, at O.R. Book
5226, Page 558. The lien amount of$158,656.43 is based on 26 days of accrued fines, for order item B,
($500 per day from August 22, 2015 through September 16, 2015), and 287 days for order item C, ($500
per day from August 22, 2015 through June 3, 2016), plus operational and boarding costs in the amount
of$2,156.43 ($1,925.85 in boarding costs and $230.58 in operational costs) which the owner previously
paid. The property was brought into compliance on June 3, 2016.
The property was acquired by Alexander Oppliger as Trustee of the 4161 Golden Gate Pkwy Trust, via
Certificate of Title recorded on May 16,2016.
-- 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
within 30 days. After purchasing the property, Mr. Oppliger with the assistance of Premier Property
Management diligently worked to get the property into compliance within 30 days of purchase. There are
currently no known violations.
FISCAL IMPACT: Payment of$450 in settlement of fines has been made, representing $450 in fines;
the owner had previously paid operational and boarding costs in the amount of$2,156.43 ($1,925.85 in
boarding costs and $230.58 in operational costs). If approved by the Board, accrued fines in the amount
of$156,050 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$156,050, accept payment in the amount
of$450, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio,Director, Code Enforcement Division, Growth Management Department
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16.A.23
11/15/2016
ATTACHMENT(S)
1.Release and Satisfaction-KN signed(4) (PDF)
2. Lien Order (PDF)
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16.A:23
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.23
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $158,656.43 For Payment Of $450 in the code enforcement action entitled Board of
County Commissioners v. Rebecca Roach, Code Enforcement Board Case No. CEPM20150015224
relating to property located at 4161 Golden Gate Parkway,Collier County,Florida.
Meeting Date: 11/15/2016
Prepared by:
Title:Administrative Assistant—Code Enforcement
Name:Nancy CardinaleLower
10/10/2016 2:35 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
10/10/2016 2:35 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/11/2016 9:34 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/12/2016 10:13 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 4:44 PM
Growth Management Department James French Additional Reviewer Completed 10/13/2016 5:27 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 3:59 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/28/2016 1:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2016 2:23 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/28/2016 3:09 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:42 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.A.23.a
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
0
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by: .
Rebecca Roach,
Respondent
The lien was recorded on December 22, 2015, in Official Records Book 5226, Page 558, in the 01.
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
hundred fifty six thousand five hundred dollars ($156,500), 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. ,o
ATTEST BOARD OF COUNTY COMMISSIONERS
co)
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c
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By: By:
Deputy Clerk Donna Fiala, Chairman
a.:
Date: Date: E
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 5209229 OR 5226 PG 558 RECORDED 12/22/2015 8:58 AM PAGES 3 16.A:23tb�`
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20150015224
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
REBECCA ROACH,
a,
Respondent. .s
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THIS
THIS CAUSE came bef re e S.-cial 4_4:s ate fo?'public eari ig upon the Petitioner's Motion
re°
for Imposition of Fines/Liens D, e i . I :1• 7 ag strate, having heard argument
respective to all appropriate att., , !.ere p4n a ss • • . i'+i #s 3f Fact and Order of the Specialco
Magistrate,as follows: ( * ''. �
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\‘'‘-:;.",, FINDINGS OF T r ,;�. m
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1. On August 7,2015,Respon Tit", found guilty of tiip of Collier County Code of Laws
and Ordinances,Chapter 22,A ui,ltr ,(11),and(12Xi)for an occupied °'
dwelling with no water service,no _ en window on Unit#4,which violation
occurred on the property located at 4161 Golden Gate Pkwy, Naples,FL,Folio#35641440007
(Legal Description:GOLDEN GATE UNIT 1 BLK 6 LOT 18+W 63FT OF LOT 17). ce
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before August 21,2015,or a fine of$500.00 per day would be assessed for each day the ct
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 5185,PG 2279).
3. Operational costs of$115.48 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 been partially abated as of September 16,2015.
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OR 5226 PG 559
16.A23,b
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. Part B of the Order.Daily fines of$500.00 per day are assessed against Respondent for 26 days
for the period from August 22,2015 to September 16,2015,for a total amount of fines of
$13,000.00.
C. Part C of the Order:Daily fines of$500.00 per day are assessed against Respondent for 105 days
for the period from August 22,2015 to December 4,2015,for a total amount of fines of
$52,500.00.
D. Respondent shall pay the previously assessed operational costs of$115.48. J
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E. Respondent shall pay operational c ei -" .ohearing
of Fines in the amount of L
$]15.]0. ;� ._-- ;, ,ti\
F. Respondent shall pay the b,6ardr g costs incurred by the( b nty'in the amount of$1,925.85
as
G. Respondent is ordered pay fines and . 1, the to .1 amou t of$67,656.43 or be subject to 0
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Notice of Assessment Li: ._a +,.- arpr••~'',1 o ., tes ondent in Collier County,
Florida. 1 it I ' r.-
H. The daily fine of$500.0 s 11 continue to accrue til aliatericirWitas been confirmed by a L.
Collier County Code En ent Investigator. _ �1 i;
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INSTR 5161422 OR 5185 PG 2279 RECORDED 8/18/2015 10:18 AM PAGES 3 16.A.23.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20150015224
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
REBECCA ROACH,
Respondent,
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ORDER OF THE..SJaEGIAL MAGISTRATE o
THIS CAUSE came on for ` �~ y
plrti�l i ring�e&ore ` cial Magistrate on August 7, 2015, and co
the Special Magistrate, having h ; timony under oath,'^r\ceied evidence and heard argument
respective to all appropriate ma#'ers,,fi upon,issues her Finditis of Fact and Order of the Special F
Magistrate,as follows: \ c
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1. Respondent,Rebecca I4c is the owner of the�sijectlproierlj(.
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2. Respondent was notified bf f he ate of hearing by ce�dc,¢t l and posting and the Special 0
Magistrate has jurisdiction b1 9s`.tnattter. q , , c
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3. Respondent,having been duly noti .. £ par at the public hearing.
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4. The real property located at 4161 Golden Gate Parkway,Naples,Florida,Folio#35641440007 E
(Legal Description:GOLDEN GATE UNIT 1 BLK 6 LOT 18+W 63FT OF LOT 17),is in 2
violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22- Q
231 (2),22-231(11)and 22-231(12)(i),in the following particulars:
Occupied dwelling with no water service,no electricity,and a broken window on Unit#4.
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.07-44,as amended,it is hereby
ORDERED:
Packet Pg 548
on 5185 PG 2280 16.A. .by;
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22,Article VI,Section 22-231 (2),22-231(1.1)and 22-231(12)(i).
13. Respondent must abate the violation by:
1.Restoring water to the property with an active account with Florida Governmental Utility
Authority or vacate the property until an active account with Florida Governmental Utility
Authority is obtained and water has been restored to the property AND
2.By restoring electricity to the property with an active account with Florida Power and Light or
vacate the property until an active account with Florida Power and Light is obtained and
electricity has been restored to the property on or before August 21,2015,a fine of$500.00 per
day will be imposed for each day the violation remains thereafter.
C. Respondent must further abate the violation by obtaining all required Collier County building
permits,OR a demolition permit,inspections,and certificate of completion/occupancy for all -E-
repairs needed to bring the property into compliance with the requirements of the Collier County °)
Property Maintenance Code and the Florida Building Code on or before August 21,2015 or a c
fine of$500.00 per day will be imposeOlor-earl► a„y the violation remains thereafter.
D. Alternatively,if a boardingc o tained`kn , .E cture is boarded on or before as
August 14,2015,then the ' .i wired to complete th =•:i inspections,and Certificate of
Completion/Occupancy vtfll b o and must be c. pledby February 7,2016 or a u
fine of$500.00 per dayjf�vill be i`l or,eacY the vi•atio1►remains thereafter. o
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E. In the event Respondeat fai .t• • F pl it � h 'a er, lI buildings on this property o;
are ordered to be vacate aI, a ej.0 .. u , 1 e si-tan of the Collier County Sheriffsco
office to effectuate this .•;urr •s. ;ca -. . 's • . o v. lj r main in effect until such time =-
that the water and electr . have been restored to;ra prdpe 'with active accounts to Florida m
Governmental Utility Au g and Florida Powef Iii „(`')/ 12
\r' -IX .LI 0
F. In the event Respondent fails c ' 1 with the entire o�€ is Order,the Collier County Code w
Enforcement Department may P' a v fi 'iolation using any method to bring the Zi
violation into compliance. If necessary;- �ay request the services of the Collier
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County Sheriff's Office for the purpose of accessing the property for abatement. All costs of m
abatement shall be assessed against the property. s
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G. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of Q
$115.48 on or before September 7,2015.
H. Respondent shall notify the Code Enforcement Investigator,John Connetta,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this 'qday ofC1 . ,2015 at Collier County,Florida.
State of Florida
County of COLLIER
k- COLLIER COUNTY CODE ENFORCEMENT
I HERE$1'CERTIFY THAT;this is a true and SPECIAL MAGISTRATE
correct Copy of aldf5f,iitn.ent or file in
Board`Minutes ard1 tds ot Collier County
i f SSmyh d an4.�eff.lc'l seal this
darof
'••.:?3 .� Gov y 7 ,,`
,
DWIGHT E'-1 ROOKAERK OF COURTSq
'.' 'A C.G• 'el SON
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*** OR 5185 PG 2281 ***
6.A.23,b
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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 Division,2800 North Horseshoe Drive,Naples,FL 34104,phone#(239)252-
2440, or www.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(s)—Rebecca Roach
Collier Co.Code Enforcement Division
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