Agenda 12/13/2016 Item #16A16 16.A.16
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$50,730.43 for payment of $680.43 in the code enforcement action entitled Board of County
Commissioners v. Robert F. Logan and Mary B. Logan, Code Enforcement Board Case No.
CEPM20150003240 relating to property located at 5860 Cloudstone Court,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 $50,730.43 for payment of $680.43 in relation to the Code
Enforcement Board Case No. CEPM20150003240.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Robert F.
Logan and Mary B. Logan, (Case No. CEPM20150003240), for code violations at 5860 Cloudstone
Court, consisting of torn screens on a pool cage and a damaged roof soffit. The lien was recorded in the
Official Records on October 9, 2015, at O.R. Book 5202, Page 3829. The lien amount of$50,730.43 is
based on 202 days of accrued fines of $50,500 plus operational costs in the amount of $230.43. The
property was brought into compliance on March 10, 2016.
The property was acquired by Ted Hofferber, and Certificate of Title was recorded on October 7, 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, with fines that accrued prior to
transfer of title and thirty days following, compliance has been achieved, and payment would cause a
severe hardship on the new owner. Mr. Hofferber took title to this property with fines that were accrued
previously on uncorrected code violations. It took substantial amounts of time and money with extensive
follow up,permit fees, and inspections to come into compliance due to the extent of the violations. There
are currently no known violations. See attached hardship letter as required.
FISCAL IMPACT: Payment of $680.43 has been made, representing $450 in fines plus $230.43 in
operational costs. If approved by the Board, accrued fines in the amount of$50,050 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$50,050, accept payment in the amount of
$680.43, 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
ATTACHMENT(S)
1. Release and Satisfaction -KN signed (PDF)
2.Lien Order (PDF)
3. Hardship ltr (PDF)
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16.A.16
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $50,730.43 for payment of $680.43 in the code enforcement action entitled Board of
County Commissioners v. Robert F. Logan and Mary B. Logan, Code Enforcement Board Case No.
CEPM20150003240 relating to property located at 5860 Cloudstone Court,Collier County,Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
10/25/2016 2:45 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
10/25/2016 2:45 PM
Approved By:
�-. Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/25/2016 2:49 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/25/2016 3:13 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/28/2016 8:28 AM
Growth Management Department James French Additional Reviewer Completed 10/31/2016 10:41 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:06 AM
County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 11/08/2016 9:17 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/08/2016 10:14 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/09/2016 4:45 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2016 8:20 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:41 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.A.16.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
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
us
personal property owned by: cc
Robert F. Logan and Mary B. Logan,
Respondent
0
The lien was recorded on October 9, 2015, in Official Records Book 5202, Page 3829, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty
thousand seven hundred thirty dollars and forty three cents ($50,730.43), plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in Collier 0
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. o
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.
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ATTEST BOARD OF COUNTY COMMISSIONERSra
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA N
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By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noel!
Assistant County Attorney
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INSTR 5181567 OR 5202 PG 3829 RECORDED 10/9/2015 8:48 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50 16.A.16.b
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CEPM20150003240
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROBERT F.LOGAN AND MARY B. LOGAN, a)
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Respondents. �,
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ORD ` `S^ SPECIAL TE a)
/ tI'' OSING FINES/LIE 3
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THIS CAUSE came befSre e .ecial :..y.isate fo .ublic eari g upon the Petitioner's Motion N
for Imposition of Fines/Liens ,an I' ode ►, 215 5, -It e . iagtstrate, having heard argument
respective to all appropriate att , Iheret�pbn ss s i'Ll i f.s f Fr ct and Order of the Special a)
Magistrate, as follows: f; 1 =-1
FINDINGS OFF
' �. + / ,
1. On August 7, 2015,Respon.-nov. found guilty of v. of Collier County Code of Laws
and Ordinances,Chapter 22, A e y - , 2 (n)and 22-231(12)(c)for torn screens
on pool cage and damaged roof so ,.- •+ Cial occurred on the property located at 5860 c
Cloudstone Ct, Naples, FL,Folio#80707502106(Legal Description: VINEYARDS UNIT 1, Q
THE SUB OF TR K BLK E LOT 13).
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$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 5185, PG 2261).
3. Operational costs of$115.55 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 not been abated as of the date of the hearing.
Packet Pg.591
**; OR 5202 PG 3830 ***
16.A.16.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. Daily fines of$250.00 per day are assessed against Respondent for 42 days for the period from
August 22, 2015 to October 2,2015, for a total amount of fines of$10,500.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.55.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of I
$114.88.
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E. Respondent is ordered to pay fines and costs in the total amount of$10,730.43 or be subject to N
Notice of Assessment of Lien against all .ro.-rties owned by Respondent in Collier County, a
Florida. VECOUx. ce
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F. The daily fine of$250.00 sh. ''i ue to accrue unfit-.(
ntil . ea -• -nt has been confirmed by a Collier a,
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County Code Enforcemen' nvftigator.
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DONE AND ORDERED thu.. - 1 a i.: �. -:► 2 i s Co Tier County,Florida. V
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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. I
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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. ,,,o,c L; , .„
County of COWER
I HEREBY V'T FY•THA hi
c .-ts,Is a true ar
cc: Respondent—Robert F. Logan and Mary B. Logan correct cQpyG.f ,umefnt orAle in
Collier Co.Code Enforcement Division Board P, ute nd Rkkrrl"^` Iline r^""+sr
W„fTt,N-E6 - lF -Jane Packet:Pg. 592
st-ti'f .4,- ( ',• 4,41..4w, 1 94"11 f-
118.A.16.b
TWSTR 6161414 OR 5185 PG 2261 RECORDED 8/18/2015 10:18 AM PAGES 2
DWIGHT E. BROC) CLERK oc THEY CIRCUIT COURT, COLLIER COU. L - A
RC: 518.511
Ori EN RCE3 , ;NT
SPE I L NIACIN,: II,.
Case No.-CEPM201 +H° 3240
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BOARD OF COUNTY TY CO SIO -RS
COLLIER COUNTY,FLORXDA.
Petitioner,
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ROBERT Ts.LOGAN AND MARY B.L
Respondents.
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THIS CAUSE carne on for&spa i ; :..'b >, " .Ma mate on August 7,2015,and
the Special Magistrate, havingh . tax, n o5 +k i° anticline and argument
respective to all appropriate Matt=s, n`is s" Fidol 'T Order of Special
Magistrate,as follows: J
$ t INGS O.F:.. m4.1 t
I. Respondents,Robert.F,Lo�rf . . ary B.F °n R -,t' , '., of the subject property. u
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2. Respondents were notified o.theN'aa h F cite mail and posting and the Special a
Magistrate has jurisdiction of this matter.
3. Respondents,having been duly notified,did not appear at the public hearing.
4. The real property located at 5860 Madame Ct,Naples,Florida,Folio#80707502106(Legal
Description:VINEYARDS UNIT 1,THE SUB OF TRK BEE E LOT 13),is in violation of
Collier County Code of Laws°s and Ordinances, pt r 22,Article VI,Section 22.231(1.2)(n)
and 22-.231(12X0,in the following particulars:
Torn screens on pool cage and damaged roof soffit.
The violation has not been abased 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,Fl '*a Statutes,and Collier County Ordinance No.0744,as amended.
it is hinern ORDERED:
Packet Pg.593 1
*** bR 5185 PG 2262 ***
16.A.16.b
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22, Article VI, Section 22-231(12)(n)and 22-231(l2)(c).
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permit, inspections, and Certificate of Completion/Occupancy to repair the screens on
the pool cage and to repair the soffit on or before August 21,2015 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. A!i costs of abatement shall be assessed against the a
property. J
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D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of 0
$115.55 on or before September 7,2015. a)
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E. Respondent shall notify the Coc(5 env. gti*a F,John Connetta,within 24 hours of
03
abatement or compliance so at; final inspection may \�rmed to confirm compliance. o
DONE AND ORDERED this. darn- -\–--vol \,2015'01 Collier County,Florida. c
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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.
State of Florida
County of CO11,14R
cc: Respondent(s)–Robert F. Logan and Mary B.Logan, '.:.. . r r.x.
I HERE �'.C13E
T Y,. HAtthis is a true and
Collier Co.Code Enforcement Division � �
correct copy of a:dont`Sn file in
Boar-Minutes.and Rec€cd5 4f Collier County
u3C S.myki d anof€c`JJ seal th«
' bay sf. '2.c Packet Pg. 594
I6.A.16.c
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GOEDE / ADAMCZYK / DFBOEST / CROSS
ATTORNEYS AND PROFESSIONAL COUNSEL
INFO@GADCLAW.COM / WWW.GADCLAW.COM
October 7, 2016
Attention: Chairman
Board of County Commissioners
Collier County,Florida
3299 Tamiami Trail East,3rd Floor
Naples, FL 34112
RE: CEPM20150003240-5860 Cloudstone Court-Hardship Letter a
Dear Chairman Fiala: o
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This office represents Ted Hofferber, as Trustee of the 5860 Cloudstone Court Trust. In connection 0
with our representation, we are writing to formally request a reduction of fines for Code Case No. ec
CEPM20150003240,and a release of the lien recorded at O.R. Book 5202, Page 3829 of the Official c
Public Records. c6
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The outstanding lien balance, which is currently in excess of fifty thousand dollars, would pose a a;
severe financial hardship on Mr. Hofferber. The purpose of this letter is to provide you with N
CsI
additional details as to the nature of the hardship, and to request a reduction and settlement of the
lien balance. .�
a
In this case,the Mr. Hofferber took title to this property with uncorrected code violations (lanai and -tea
roof soffit needed repair) in a foreclosure action (Case No. 15-CA-00147). Upon taking title, he co
diligently pursued abatement and brought the violations into compliance within a reasonable =
amount of time in light of the property maintenance violations involved. As a result, the property c
has returned from a distressed and blighted property to a healthy,code-compliant property. E
U
Since taking title to the property, Mr. Hofferber has expended considerable sums on correcting the w
violations and improving the property, including $22,175.00 to abate the code violations (see Q
attached receipts).
We respectfully ask that the Board accept payment of $680.43, representing $450.00 plus
operational costs($230.43),as full and final payment for this matter.
Should you have further questions or concerns,please contact our office.
Best a -ga •
Aiii
101111
Bri Ti.C..ss,Esq.
bcross@::dclaw.com
8950 Fontana Del Sol Way, Ste.100 2030 McGregor Boulevard 2600 Douglas Road, Ste. 717 4800 N.Federal Highway,Ste.307D
Naples, Florida 34109 Fort Myers,Florida 33901 Coral Gables, Florida 33134 Boca Raton,Florida 33431
P: 239.331.5100 P: 239.333.2992 P: 786.294.6002 P: 561.368.9200
F: 239.260.7677 F. 239.333.2999 F: 305.503.9551 F: 561.395 7050
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