Agenda 04/14/2015 Item #16A13 4/14/2015 16.A.13.
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EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$147,252.71 for payment of $4,002.71, in the code enforcement action entitled Board of County
Commissioners v. James J. Grant and Kim M. Grant, Code Enforcement Special Magistrate No.
CEPM20130005879,relating to property located at 5409 Trammell Street,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 $147,252.71, for payment of $4,002.71, in
relation to Code Enforcement Special Magistrate Case No. CEPM20130005879.
CONSIDERATIONS: As a result of a code violations at 5409 Trammell Street, which
consisted of unsecured property with multiple property maintenance violations, the Code
Enforcement Special Magistrate ordered the imposition of a lien against James J. Grant and Kim
M. Grant in Case No. CEPM20130005879. The lien was recorded in the Official Public Records
on October 18,2013,at O.R. Book 4976,Page 918,and encumbers all real and personal property
owned by James J. Grant and Kim M. Grant. The lien amount of$147,252.71 is based on 583
days of accrued fines ($250 per day from July 8, 2013 through February 10, 2015)plus $112.38
in operational costs and $1,390.33 in abatement costs. The property was brought into
compliance on February 10,2015.
Following a foreclosure (Case No. 2012-CA-2748), a Certificate of Title was recorded on July
22, 2014 in favor of US Bank National Association. The County's lien 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 and compliance has been
achieved. The property is being actively maintained and the owner has paid a settlement amount
of$4,002.71. The new owner is requesting a waiver of$143,250 in accrued fines.
FISCAL IMPACT: Payment of$4,002.71 has been made, representing $2,500 in settlement
due to foreclosure, $112.38 in operational costs and $1,390.33 in abatement costs. If approved
by the Board, accrued fines in the amount of$143,250 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 waive the fines in the
amount of$143,250, accept settlement amount of$4002.71, release the lien, and authorize the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
[15-CEB-00117/1159511/1]
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4/14/2015 16.A.13.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachment: 1)Release and Satisfaction of Lien
2)Lien Order
[15-CEB-001 1 7/1 1 5951 v1]
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4/14/2015 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$147,252.71 for payment of$4,002.71, in the code enforcement action
entitled Board of County Commissioners v.James J. Grant and Kim M. Grant, Code Enforcement
Special Magistrate No. CEPM20130005879, relating to property located at 5409 Trammell
Street, Collier County, Florida.
Meeting Date: 4/14/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
3/6/2015 3:45:56 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/6/2015 4:28:47 PM
Name: WrightJeff
Title:Division Director-Code Enforcement, Code Enforcement
Date: 3/9/2015 8:46:23 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/9/2015 10:03:46 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 2:04:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:20:31 PM
Name: IsacksonMark
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4/14/2015 16.A.13.
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 3/24/2015 9:26:54 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/25/2015 8:06:39 AM
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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:
James J. Grant & Kim M. Grant
Respondents
The lien was recorded on October 18, 2013, in Official Records Book 4976, Page 918, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty-three thousand seven hundred fifty-two dollars and seventy-one cents ($23,752.71), 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
Date: Date:
Approved as to form and legality
Kevin Noel!
Assistant County Attorney
CEPM20130005879
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INSTR 4903550 OR 4976 PG 918 RECORDED 10/18/2013 8:18 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
5 Q1 .1VR COUNTY CODE ENFORCEMENT
SPECIAL MACI.'STRATF�
Case No.—CEF,1v120130005875t
1
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY,FLORIDA,
Petitioner,
TS.
JAMES J.GRANT AND KIM M.GRANT,
Respondents.
1
QEDER OF THE SPECIAL MAGISTRATE,
IMPOSING FINESIF,TENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on October 4, 2013, and the Special Magistrate, having heord
argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the
Special Magistrate,as follows:
FINDINGS OF FACT
1. On June 7,2013,Respondent was found guilty of violation of Collier County Code of Laws
and Ordinances,Chapter 2?,Article VI,Section 22-242 and 22-231(12)(bXc)(h)and(a)for an
unsecured property with multiple property tnaintensnct violations,which violation oecuzred
on the property located at 5409 Trammel Street,Naples,FL Folio'g62264920003(Legal
Description:NAPLES MANOR LAKES ELK lS LOTS2&3).
2. An Order was entered by the Special Magistrate ordering Respondent to abase the violation on or
before July 7,2013,or a fine ofS250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded a:OR 4937,
PG 105).
3. Operational costs of 511238 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 appoar at the public hearng,and no legal defense to the Motion was presented.
5. No Request for.Re-hearing Cr Appeal pursuant to Ordinance 2010-04 has been timely fled.
6. The violation has not been abated as of the date of the hearing.
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''tr OR 4976 PG 919 *"_
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r.
Baied upon the foregoing Findings of Fact.and pursuant to the authority granted in Chapter 162,
'Florida Stanttes,and Collier County Ordinance No.2010-04,it is hereby ORDERED:
A. Petitioner's Motion for imposition of Foes'Liens is granted.
B. Daily fines of S250.00 per day arc assessed against Respondent for 89 days for the period from
July 8,2013 to October 4,2013,for a total amount of fines of S22,250.00.
C. Respondent shall pay the previously assessed operational costs of 511238.
D. Respondent shall pay the boarding costs incurred by the county in the amount of S1,39033.
E. Respondent is ordered to pay lines and costs in the total amount of S23.752.71 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County.
Florida.
F. The daily fine of S250.O0 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
a;DONE AND ORDERED this 441".day of • ,2013 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Alla. a,
1W X11 NY
►AC.G• - 1 ON
PAYMENT OF FINES: Any fuses 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 heating. 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 agist r te)Order.
County of COWER
cc: Respondent James S.Crane and Kim M.Grant I:HEREBY CER,TtF.7i ,1 ttus;is.a true and
Collier Co.Code Enforcement Dept
correct i J a ttctilt �txfwin t.
Board Lfir; 3ritii,e ¢s4_' LCsunly
WITt r.�S lar,t1 t $ez4 s
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