Agenda 02/24/2015 Item #16A10 2/24/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$10,534.04, for payment of $2,234.04, in the code enforcement action entitled Board of County
Commissioners v. Gail A. Pandolfe, Code Enforcement Board Case No. CEPM20140008527,
relating to property located at 604 110th Avenue North,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$10,534.04, for payment of$2,234.04, in relation
to Code Enforcement Board Case No. CEPM20140008527.
CONSIDERATIONS: As a result of a code violation at 604 110th Avenue North, which
consisted of an unmaintained swimming pool, the Code Enforcement Board ordered the
imposition of a lien against Gail A. Pandolfe in Case No. CEPM20140008527. The lien was
recorded in the Official Public Records on December 8, 2014, at O.R. Book 5101, Page 2688,
and it encumbers all real and personal property owned by Gail A. Pandolfe. The lien amount of
$10,534.04 is based on 35 days of accrued fines (September 5, 2014 through October 9, 2014)at
$250 per day plus $127.04 in operational costs and $1,657 in abatement costs.
Following a foreclosure (Case No. 2011-CA-1997), a Certificate of Title was recorded on
December 3, 2014 in favor of Onewest Bank, FSB. The property was brought into compliance
while in "pre-foreclosure", on October 10, 2014. The County's lien for this property was filed
after the foreclosure lis pendens,and is 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, the new owner has
diligently pursued abatement, and compliance has been achieved. The property is being actively
maintained and the new owner has paid $2,234.04. The new owner is requesting a waiver of
$8,300 in accrued fines.
FISCAL IMPACT: Payment of$2,234.04 in fines has been made representing $450 in fines,
$127.04 in operational costs and $1,657 in abatement costs. If approved by the Board, accrued
fines in the amount of$8,300 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: That the Board of County Commissioners waives the fines in the
amount of $8,300, accept payment amount of $2,234.04, release the lien, and authorize the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
[15-CED-00990/1148582/1]
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2/24/2015 16.A.10.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
[15-CED-00990/1148582/1]
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2/24/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$10,534.04,for payment of$2,234.04, in the code enforcement action
entitled Board of County Commissioners v. Gail A. Pandolfe, Code Enforcement Board Case No.
CEPM20140008527, relating to property located at 604 110th Avenue North, Collier County,
Florida.
Meeting Date: 2/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator,Code Enforcement
1/28/2015 4:18:53 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 1/28/2015 4:34:31 PM
Name:NoellKevin
Title: Assistant County Attorney,CAO General Services
Date: 1/28/2015 4:49:26 PM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 1/30/2015 4:29:48 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 2/11/2015 8:56:47 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date:2/11/2015 9:23:22 AM
Name: KlatzkowJeff
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2/24/2015 16.A.10.
Title: County Attorney,
Date: 2/12/2015 9:22:56 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 2/12/2015 11:05:05 AM
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2/24/2015 16.A.10.
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:
Gail A. Pandolfe
Respondent
The lien was recorded on December 8, 2014, in Official Records Book 5101, Page 2688, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of ten
thousand five hundred thirty-four dollars and four cents ($10,534.04), 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 Tim Nance, Chairman
Approved as to form and legality
Kevin Noel!
Assistant County Attorney
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INSTR 5060319 OR 5101 PG 2688 RECORDED 12/8/2014 4:03 PM PAGES 2 2/24/2015 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No.—CEPM20140008527
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
GAIL A.PANDOLFE,
Respondent.
C.
ORDER OF TtiE COD reIRCEMENT BOARD,
!`iIM POSING FINES/LIENS
THIS CAUSE came before the Code-Enforcement Board upon the Petitioner's Motion for Imposition
Fines/Liens on November 21,2014/and,t{te CEnforcemi ent Boatrd,havitlg heard argument respective to all
appropriate matters,hereupon issues its Findings of.Fa alid-C3 sfGod_e-Enforcement Board,as follows:
FJNDINGSt OPTPgCT ( i
I. On August 28,2014,Res RespcInt ent was found guilty of 1plationof CLIficr County Code of Laws and
Ordinances,Chapter 22,Bql)i and Building Regulatbip,s,Article,!;Property Maintenance Code,
Section 22-231 (15)for havi4^garprivate swimming pooI"which is nntbeing maintained and creating an
unhealthy condition,which violrati ir(s},occurred on the proper-1"z Ptrcated at 601 110th Ave.N.,Naples FL,
Folio*62572250008(Legal Dese{tp�on.�ot 27,Block.!-8`NapieS Park,Unit 2,according to the plat
thereof,of record in Plat Book 2,Pageti i07, thPul�. t,Reyords of Collier County,Florida),
2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or
before September 4,20I4,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 5078,PG 3530).
3. Operational costs of$63.29 incurred by the County in the prosecution of this case were ordered to be paid.
4. Abatement costs of 51,657.00 have not been paid.
5. 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.
6. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been timely filed.
7. The violation-has been abated as of October 9,2014.
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.
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.*** OR 5101 PG 2689 *** 2/24/2015 16.A.10.
B. Daily fines of$250.00 per day are assessed against the Respondents for 35 days for the period from
September 5,2014 to October 9,2014 for a total amount of fines of $8,750.00.
C. Respondent shall pay the previously assessed operational costs in the amount of S63.29.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of$63.75.
E. Respondent shall pay abatement costs in the amount of$1,657.00.
F. Respondent is ordered to pay fines and costs in the total amount of 510,534.04 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
DONE AND ORDERED this day of ,11. ,2014 at Collier County,Florida.
C•: ENFORCE. ENT BOA• •-
OLLIER CO a Y,F s'•'A. .
STATE OF FLORIDA ) J`r 800 o'rtlt .•" , o= Drive
)SAC?` Na. es,FI. . . 4
COUNTY OF COLLIER) / //
/ gad \� �'
The foregoing instrument was acknowledged,before.:ate,this:.
2014,b obert Kaufman,Chair ciftheiCod•e iforeenent BMW i d)'coidief County,Florida,who is
personally known to me or• f Who has iro uce• a" Iotida,�Dr" 4 License as identification.
\ ��.` +�. ' 4i o''01.4r A KAREN G BAILEY
NOT 'Y,.WJBL'C—
rl Y. C/ -ti ;= ME, cpc:EmtSS10N x El:7751121
`fir> My commi55ior exp1res:! 1'f,I EXPIRES Fetnuary 14,2017
' M J, i,atr•1.4,051 FIcp.davolariS..rc can
PAYMENT OF FINES: Any fines ordered4„9:4.paid pursuanLt i$Oder may be paid at the Collier County
Code Enforcement Department,2800 North`I lorsiS119 lD v–e;l p„1es5F 34104,Phone:(239)252-2440,Website:
www.colliergov.net.Any release of lien or confirinattan i e or confirmation of the satisfaction of the
obligations of this Order may also be obtained at this Iocation.
APPEAL: Any aggrieved party may appeal a final order of the Board 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 Board's
Order.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this ORDER has be'n sent by U.S.Mail to Gail A.Pandolfe,
604 110th Ave.N.,Naples,FL 34108 this f d., o • 2014.
Sale of Florida
County of COLLIER
I • 1Yynne Nicol',Esquire
F • •a Bar No.968900
I HER_RY ? IFY THAT this is a true and
�� �. Attorney for the Code Enforcement Board
cur reci�Opy-t:t. on file in 68I Goodiette Road
N.,Ste.210
EO<'d•I''inul, aid r± of Col cr County Naples,Florida 34012
''at„P Any tiaod ands'ii:i81.seal this (239)261-6909
fifty
GHT } ...a.ERK.OF COURTS
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