Agenda 02/24/2015 Item #16A13 2/24/2015 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$119,000, for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Mark G. Martin, Code Enforcement Board Case No. CESD20090016590,
relating to property located at 4834 Devon Circle,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$119,000, for payment of$450, in relation to
Code Enforcement Board Case No. CESD20090016590.
CONSIDERATIONS: As a result of a code violation at 4834 Devon Circle,which consisted of
a bump out addition without obtaining the required Collier County permits and not getting a
certificate of completion/occupancy for a fence and an addition, the Code Enforcement Board
ordered the imposition of a lien against Mark G. Martin in Case No. CESD20090016590. The
lien was recorded in the Official Public Records on June 12, 2013, at O.R. Book 4931, Page
3575, and it encumbers all real and personal property owned by Mark G. Martin. The lien
amount of$119,000 is based on 595 days of accrued fines(April 30, 2013 through December 15,
2014)at$200 per day. The property is in compliance as of December 15,2014.
This property was purchased on May 13, 2014 by The Housing League, Inc., a not-for-profit
company that provides affordable housing for low to moderate income families. The property
was then sold to Erin Gill on October 20,2014. The Housing League,along with the new owner,
diligently worked to get the property into compliance, expended over $8,000, and encountered
some time constraints as evidenced by the attached hardship letter.
Pursuant to Resolution No. 2012-46, a request for waiver of fmes may be considered when full
payment of a code enforcement lien would impose a severe fmancial hardship on the property
owner; fmes 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 new
owner has been actively maintaining the property and has paid $450 in fines. The operational
costs of$80.86 were previously paid. The new owner is requesting the waiver of$118,550 in
accrued fines.
FISCAL IMPACT: Payment of$450 in fines has been made and if approved by the Board,
accrued fines in the amount of$118,550 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
[15-CED-00988/1148277/1]
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RECOMMENDATION: That the Board of County Commissioners waive the fines in the PTh
amount of $118,550, accept payment 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: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
fl
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[15-cED-00988/1 148277/1]
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2/24/2015 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$119,000,for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Mark G. Martin, Code Enforcement Board Case No.
CESD20090016590, relating to property located at 4834 Devon Circle, Collier County, Florida.
Meeting Date: 2/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator,Code Enforcement
1/29/2015 11:31:15 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 1/30/2015 4:57:45 PM
Name: WrightJeff
Title:Director-Code Enforcement, Code Enforcement
Date: 2/3/2015 2:11:48 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/9/2015 8:46:33 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/11/2015 8:44:00 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date: 2/11/2015 9:18:22 AM
Name: KlatzkowJeff
Title: County Attorney,
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2/24/2015 16.A.13.
Date: 2/12/2015 9:46:55 AM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 2/12/2015 11:23:39 AM
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2/24/2015 16.A.13.
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:
Mark G. Martin
Respondent
The lien was recorded on June 12, 2013, in Official Records Book 4931, Page 3575, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand eight hundred eighty dollars and eighty-six cents ($4,880.86), 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 Noell
Assistant County Attorney
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tNSTR 4852055 OR 4931 PG 3575 RECORDED 6/12/2013 10:00 AM PAGES 2 2/24/2015 16.A.13.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20090016590
vs.
MARK G.MARTIN,
Respondent
ORDER MPAIICIG(FINWEN
THIS CAUSE came on for pub r' rig before the Board on ewruary 28,2013,after due notice to
Respondent at which time the Board hears icstimon under oath,received\evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued itoral vas redriced to writing on March 4,2013,and
furnished to Respondent and was recorded in the Pn lic.Reoords of`Collier dountyt,Florida at OR 4895,PG 2406,
et.seq.on March 13,20I3 covering the/eá theitieql -ante vrt.irclet Naples,les Florida 34112,Folio 63150360006,more particularly described as LoR?20l B1oc {r,4°P`*S
UTH,Unit 2,according to the plat
thereof recorded in Plat Book 7,Page-68}of th bU od ,of Coltter. oungc„Florida.
An Affidavit of Non-Compltafice has been filed with the oard'1
byahe,ende Enforcement Official on April
30,20I3,which Affidavit certified undfiOath that the required coirecti¢e action'nas not been taken as ordered.
Accordingly,it having been brbug)tit(o,fhe Board's attention.tha(Respondent has not complied with the
Order dated March 4.20I3,it is hereby
ORDERED,that the Respondent,Marl;`( aftirrA4&o"(lier County fines in the amount of$4,800.00
(Order Items 1&2)at a rate of S200.00/day for the perm a April 30,2013 through May 23,2013(24 days),plus
the operational costs of S80.86,for a total of$4,880.86.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into
compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida
Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 3 day of U 'Q ,2013 at Collier County,Florida.
c,4,::at�,V�:o t CODE ENFORCEMENT BOARD
GountyofCOLUER COL • •UNTY, ORIDA
BY /I �I H_ P Y CFfTiFY THAT is a!rue and •o. r
fm ,Im'hair
2800 No i . eshoe Drive
;Maple •F
.:z-:;..,ti_.• _ yC ;'�: . ida 34104
E? y� : .d.W.OF COURTS
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*** OR 4931 PG 3576 *** 2/24/2015 16.A.13.
STATE OF FLORIDA ) •
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this '-) day of (L}'}e
2013,by-Robert Kaufman,Chair of the Code Enforcement Board of Colli ounty,Florida,who is
z/personally known to me or who ha •roduced a F •:ea Driver's License as identification.
NOT• •Y PUBLIC 4$ . KAREN G BAILEY
My commission expires: COMMISSION#EE875121
'•.•.o,,,, EXPIRES February 14,2017
CERTIFICATE OF SERVICE ,•o,l, ,,, rw,;a viot PM,
I HEREBY CERTIFY that a true and correct-eopy-of-th's ORDER has been sent by U.S.Mail to Mark G.
Martin,4834 Devon Circle,Naples,FL 341,12-41 clay i4 Q ( 2013.
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M.J' Rawson,Esq.
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2/24/2015 16.A.13.
January 12, 2015
Growth Management Division
Collier County Code Enforcement
2800 N. Horseshoe Dr.
Naples, FL 34104
RE: Abatement of Fines—CESD20090016590
This letter is in regards to the property located at 4834 Devon Circle (case number
CESD20090016590) in an effort to receive abatement for the current outstanding code
fines of$119,000.00.
I am affiliated with the nonprofit company The Housing League, Inc.
(thehousingleague.org), who purchased the property in April 2014.
The Housing League, Inc., is an independent, mission-driven nonprofit that provides
affordable housing for low to moderate income families. The Housing League started in
1998 and our primary goal is to provide housing for families and individuals who have
typically not had the opportunities for home ownership.
The Housing League, Inc., seeks to provide and improve affordable housing by showing
that with the preservation of affordable ownership and rental housing, we have a viable ^
and cost-effective way to improve the quality of life by ensuring the provision of
adequate affordable housing to our citizens.
When the property was purchased, we were aware that the property contained three
code violations. There was a fence build without a permit, the lanai was enclosed, and
the bathroom was bumped out, and not finished. Once the property was purchased, we
engaged an architect to evaluate the violations and begin the submittal process for a
permit. The application was submitted in August 2014. The permit went through
several revisions and was approved on October 14, 2014.
The permit was picked up on November 21, 2014. The five week delay was the result
of the Building Department doubling the permit fees. They said that the fee schedule
calls for doubling the permit fees in the event the case goes before a Special Magistrate
(before we purchased), I tried to have the fees lowered to the normal amount, but they
refused, so we have already paid $1888.55 for a permit for items that were the result of
the previous owner.
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Once the permit was received, the property was inspected and passed.
The construction and consultant costs incurred are as follows:
1. Architect- $1350
2. Hurricane shutters for lanai - $865
3. Tile for bathroom and Labor- $1705.44
4. Plumbing - $900
5. Stucco/Paint- $1100
6. Permit- $1888.55 plus $102.75
7. Vanity- $475
8. Code Enforcement- $80.86
The costs to complete the code enforcement violations were $8,467.60. This does not
include the costs for supervision and time.
Please note that we did everything in our power to correct the issues in a timely manner
after we took ownership. We rectified the issues the previous owner created. We are
only asking that the outstanding fines be abated. There are no hard costs incurred by
the County.
Thank yo and I to forward to hearing from you shortly,
Gary H ins
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