Agenda 01/27/2015 Item #16A 7 1/27/2015 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve two releases of code enforcement liens with a combined accrued value
of$22,616.36 for payment of$1,316.36, in the code enforcement actions entitled Board of County
Commissioners v. Dennis Wolfe and Roberta Wolfe, Code Enforcement Special Magistrate Case
Nos. CEPM20100007875 and CEPM20120006379, relating to property located at 2500 55th Street
SW,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined accrued value of$22,616.36, for payment of$1,316.36,
in relation to Code Enforcement Special Magistrate Case Nos. CEPM20100007875 and
CEPM20120006379.
CONSIDERATIONS: As a result of various code violations at 2500 55th Street SW, as
reflected below,the Special Magistrate ordered the imposition of two liens against Dennis Wolfe
and Roberta Wolfe as follows (in chronological order based on lien recording date):
The lien in Case No. CEPM20100007875 was recorded in the Official Records on April 15,
2011, at O.R. Book 4672, Page 1833 (an unmaintained pool with green water). The lien amount
of $16,254.16 is based on 62 days of accrued fines ($250 per day from December 11, 2010
through February 10, 2011), plus operational costs of$112.56 and $641.60 in abatement costs.
The property was brought into compliance on February 10, 2011.
The lien in Case No. CEPM20120006379 was recorded in the Official Records on January 23,
2013, at O.R. Book 4878, Page 2043 (an unmaintained pool with green water). The lien amount
of $6,362.20 is based on 25 days of accrued fines ($250 per day from September 15, 2012
through October 9, 2012) plus $112.20 in operational costs. The property was brought into
compliance on October 9, 2012.
Following a foreclosure (Case No. 2009-CA-1769), a Certificate of Title was recorded on July
30, 2014 in favor of Deutsche Bank National Trust Company. Both of the County's liens for this
property were filed after the foreclosure lis pendens, and are not presently enforceable as to the
property in question.
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 owner has paid $1,316.36. The new
owner is requesting a waiver of$21,300 in accrued fines.
FISCAL IMPACT: Payment of$1,316.36 has been made, representing $450 in fines, $224.76
in operational costs and $641.60 in abatement costs. If approved by the Board, accrued fines in
the amount of$21,300 would be waived.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
[14-CED-00978/1141344/11
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1/27/2015 16.A.7.
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: That the Board of County Commissioners waive the fines in the
amount of $21,300, accept payment amount of $1,316.36, release the liens, and authorize the
Chairman to sign the attached release and satisfaction of liens for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1)Releases and Satisfactions of Lien (2)
2)Lien Orders
[14-CED-00978/1 1 4 1 344/1]
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1/27/2015 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve two releases of code enforcement liens
with a combined accrued value of$22,616.36 for payment of$1,316.36, in the code
enforcement actions entitled Board of County Commissioners v. Dennis Wolfe and Roberta
Wolfe, Code Enforcement Special Magistrate Case Nos. CEPM20100007875 and
CEPM20120006379, relating to property located at 2500 55th Street SW, Collier County,
Florida.
Meeting Date: 1/27/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/17/2014 10:44:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/6/2015 2:59:42 PM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 1/7/2015 1:19:17 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/7/2015 1:47:42 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 1/14/2015 10:01:56 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2015 1:56:19 PM
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1/27/2015 16.A.7.
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/15/2015 9:07:31 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 8:53:08 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 10:02:57 AM
•
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1/27/2015 16.A.7.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
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:
Dennis Wolfe and Roberta Wolfe
Respondents
The lien was recorded on January 23, 2013, in Official Records Book 4878, Page 2043, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven
thousand four hundred thirty-one dollars and fifty cents ($7,431.50), 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.
1
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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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1/27/2015 16.A.7.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
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:
Dennis Wolfe and Roberta Wolfe
Respondents
The lien was recorded on April 15, 2011, in Official Records Book 4672, Page 1833, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Sixteen thousand two hundred fifty-four dollars and sixteen cents ($16,254.16), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin NoeII
Assistant County Attorney
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INSTR 4549826 OR 4672 PG 1833 RECORDED 4/15/2011 2:45 PM PAGES 2 1/27/2015 16.A.7.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CEPM2010000787S
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DENNIS and ROBERTA WOLFE,
Respondents.
/
1-E,R CQ(r__TA,,
ORDE t e ' �•' 'E YAVMl4: .TRATE
(111'liPOSING FINES/LTF,NI '
THIS CAUSE came be re . e ':evi•, a_ r publi h 'ng upon the Petitioner's
Motion for Imposition of Fine ie,s •• o • 0 •• t r . ' I M gistrate,having heard
argument respective to all app pri: a a' /b �. e n ing of Fact and Order of the
Special Magistrate,as follows f, \ r
;-r
} FINDINGS OF ACT +,,
1'F -1
1. On December 3,2010,R •••-nts were found guilt -o }1 ion of Collier County Code of
Laws and Ordinances Chapter 22, • last ' Section 22-23 4$f.f a green pool,which violation
occurred on the property located at 2560 5 �,�(��j , " olio#36380720003(Legal
Description:GOLDEN GATE UNIT 6 P• •• ~li ' T. + 5)
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before December 10,2010,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 4635,PG 814).
3. Operational costs of$112.56 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
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 07-44 has been timely filed.
6. The violation has been abated as of February 10,2011.
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 1834 *** 1/27/2015 16.A.7.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
13. Daily fines of$250.00 per day are assessed against Respondents for 62 days for the period from
December 11,2010 to February 10,2011 for a total amount of fines of$15,500.00.
C. Respondents shall pay the previously assessed operational costs of$112.56.
D. Respondents shall pay the costs of abatement incurred by the county in the amount of$641.60.
E. Respondents are ordered to pay fines and costs in the total amount of$16,254.16 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
•
DONE AND ORDERED this Pr" dav-f 1 1�&i 2011 at CoIIier County,Florida.
State 0 Ft.:fall& (.1
;aunty of COLLIER
"111
HER£5IY CERTIFY THAT arts l3 a true ant • "- ' MODE ENFORCEMENT
11110:orrect copy or 8 aoctimii, t iln fil¢ In f P .TRAA''E
3oard Minutes anaAit f itt Collier Cott t,
IT SS nw aria offidlelissI this \Ir
aay 20 ,V,
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DWIGHT E. ROUX,CLERK' COlfR $ 111C..."'4411`�/ s .
•REND I�- TSON
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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.
cc: Respondent(s)—Dennis and Roberta Wolfe
Collier Co.Code Enforcement Dept.
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INSTR 4790167 OR 4878 PG 2043 RECORDED 1/23/2013 4:08 PM PAGES 3 1/27/2015 16.A.7.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CEPM20120006379
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DENNIS WOLFE AND ROBERTA WOLFE,
Respondents.
r„,,,CVE,R C ORDER ESPECIAL 4y STRATE
/(-IMPOSING FINES/LIL�1(
THIS CAUSE came efore the .- ial-l�tagist :to for publr hearing upon the Petitioner's
Motion for Imposition of Fines/It 11 :.,, -•''' • 0 ' e Special Magistrate, having heard
argument respective to all appro is e m:tt.i , h..•u.. s+ • is Findings of Fact and Order of the
Special Magistrate,as foIlow4 —, I, E.:-
FINDINGS OF s CT
1. On September 7,2012,R ,o.. it was found guilty. 'Motion of Collier County Code of Laws
and Ordinances,Chapter 22 ruin.ai1.d Build3 ons,Article VI Property Maintenance
Code,Section 22-231(15)for a •• , •h}di$, S a ion occurred on the property located at
2500 55`s Street SW,Naples,FL Folio - . et,7203(Legal Description:GOLDEN GATE
UNIT6 PART I BLK 216 LOT 5).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 14,2012,or a fine of S250.00 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 4837,PG I950).
3. Operational costs of 5112.20 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 October 9,2012.
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OR 4878 PG 2044 1/27/2015 16.A.7.
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 25 days for the period from
September 15,2012 to October 9,2012,for a total amount of fines of$6,250.00.
C. Respondent shall pay the previously assessed operational costs of$11220.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of$1,069.30.
E. Respondent is ordered to pay fines and costs in the total amount of$7,43I 50 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
C0
DONE AND ORDERED this/,'ma,. ,r. •a __•.AA 20 at oilier County,Florida.
l
1� • + MODE ENFORCEMENT
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S •t• AL It • ISi .TE
t` .Ct .0
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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.
cc: Respondent—Dennis Wolfe and Roberta Wolfe
Collier Co.Code Enforcement Dept.
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*** OR 4878 PG 2045 *** 1/27/2015 16.A.7.
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