Agenda 04/14/2015 Item #16A15 4/14/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$13,926.48 for payment of $2,500, in the code enforcement action entitled Board of County
Commissioners v. Eli Wallen and Dannie Devol, Code Enforcement Board Case No.
CEPM20140005585,relating to property located at 707 94th Avenue N.,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$13,926.48, for payment of$2,500, in relation to
Code Enforcement Board Case No. CEPM20140005585.
CONSIDERATIONS: As a result of a code violation at 707 94th Avenue N., which consisted
of a wooden fence in disrepair, the Code Enforcement Board ordered the imposition of a lien
against Eli Wallen and Dannie Devol in Case No. CEPM20140005585. The lien was recorded in
the Official Public Records on November 10, 2014, at O.R. Book 5092, Page 3942, and
encumbers all real and personal property owned by Eli Wallen and Dannie Devol. The lien
amount of$13,926.48 is based on 138 days of accrued fines ($100 per day from September 28,
2014 through February 12,2015)plus $126.48 in operational costs.
According to former owner Mr. Wallen, he lived out of the state and was unaware of the
violation and lien on the property. It was only when he put the home on the market that he was
informed of the issue. Mr. Wallen immediately abated the violation and offered $2,500 in
settlement and requested a waiver of the remaining fines. Eli Wallen and Daniel Devol sold the
property to American Contracting, Inc., as evidenced by the general warranty deed that was
recorded on February 2, 2015. (See attached e-mail from Mr. Wallen to Code Enforcement
Operations Supervisor, Iliana Burgos.)
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 $2,500 in
settlement. The new owner is requesting a waiver of$11,426.48 in accrued fines.
FISCAL IMPACT: Payment of $2,500 settlement has been made, representing $126.48 in
operational costs and $2,373.52 in fines. If approved by the Board, accrued fines in the amount
of$11,426.48 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 $11,426.48, accept payment amount of $2,500, release the lien, and authorize the
[15-C ED-01007/1161840/1]
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4/14/2015 16.A.15.
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Letter from previous owner
/".
[15-CED-01007/1 161840/1]
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4/14/2015 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$13,926.48 for payment of$2,500, in the code enforcement action entitled
Board of County Commissioners v. Eli Wallen and Dannie Devol, Code Enforcement Board Case
No. CEPM20140005585, relating to property located at 707 94th Avenue N., Collier County,
Florida.
Meeting Date: 4/14/2015
Prepared By
Name: VillarrealRosa
Title:Operations Coordinator, Code Enforcement
3/16/2015 3:20:38 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/25/2015 8:10:58 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 3/25/2015 8:15:34 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/25/2015 8:17:14 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/25/2015 9:26:06 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/30/2015 3:11:49 PM
Name: CasalanguidaNick
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4/14/2015 16.A.15.
Title: Deputy County Manager,County Managers Office
Date: 3/31/2015 12:02:26 PM
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4/14/2015 16.A.15.
This Instrument Prepared By:
Jeff Wright
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
personal property owned by:
Eli Wallen and Dannie Devol
Respondents
The lien was recorded on November 10, 2014, in Official Records Book 5092, Page 3942, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
two thousand seven hundred twenty-six dollars and forty-eight cents ($2,726.48), 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 Noell
Assistant County Attorney
CEPM20140005585
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INSTR 5050064 OR 5092 PG 3942 RECORDED 11/10/2014 7:56 AM PAGES 2 4/14/2015 16.A.15.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC £18.50 '
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No.—CEPM20140005585
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ELI WALLEN and
DANNIE.DEVOL,
Respondents,
ti RCO
•RDER •1 tilt. ODE ENFO• 511.1_0 BOARD
V •OSING FINES/LIE ',
THIS CAUSE came before the od - •, em t Bo. d •on the 'eti •ner's Motion for Imposition
Fines/Liens on October 23,2014,and ( ':E. 7_ • '• e• c argument respe o t t .~. cps s fo ement Board,as follows:
,-"'-
1. On August 28,2014,Resp,fig...j. were found guilty o ati g F 'er County Code of Laws and
Ordinances Chapter 22,But •Ft? . d Building Regulatiia alb ,Property Maintenance Code,
Section 22-231(12)(n)for ha • •oden fence in disrepairi h violation(s)occurred on the property
located at 707 94'h Ave.N.,Nap , r+ • 'o#62766 •t't6`1,L. gal Description:Lots 24 and 25,Block
58,Unit 5,Naples Park Subdivisio , . k •c.mt o• '-5r,Page 14 of the Public Records of Collier
County,Florida)
2. An Order was entered by the Code Enforcement Board ordering Respondents-to abate the violation on or
before September 27,2014,or a fine of S100.00 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 3527).
•
3. Operational costs of$63.57 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 2007-44,as amended,has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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 5092 PG 3943 *** 4/14/2015 16.A.15.
•
B. Daily fines of$100.00 per day are assessed against the Respondents for 26 days for the period from
September 28,2014 to October 23,2014 for a total amount of fines of$2,600.00.
C. Respondents shall pay the previously assessed operational costs in the amount of$63.57.
D. Respondents shall pay operational.costs for the Imposition of Fines hearing in the amount of$62.91.
E. Respondents are ordered to pay fines and costs in the total amount of$2.726.48 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
F. The daily fine of$100.00 shall continue to accrue until abatement has been confirmed by a Collier County
Code Enforcement Investigator.
DONE AND ORDERED this 99 day or dDbe(,2014 at Collier County,Florida.
CO' ENFORCEM a BOARD
C"LLIERCO r FLO•. e
- `rte -�� j.
STATE OF FLORIDA ) CO 800 No •• ' I i .e
)!S: Naples, 'lorida•• vP
COUNTY OF COLLIER) -
ti
The foregoing instrument was ac• ow g d . o i •. o /I "Cr'
201 ;by Robert Kaufman,Chair If th C e E fo e .0•• of n.I ter Counttyy,Florida,who is
personally known tome o •.-..• • lorid .r..erfs i:ense as identification.
:�: KAREN G BAILEY
�O r�1' Q�/ 'I : 'c MY COMMISSION tt EEB75121
Na ARY PUB" -" EXPIRES February 14,2017
r My corn r•. V •• s: �4o+1as♦e-0tn n«w, s •.h. +
PAYMENT OF FINES: Any fines ordered to b . • . 44 k •this Order may be paid at the Collier County
Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,Phone:(239)252-2440,Website:
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 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
I HEREBY CERTIFY that a true and correct copy of •is ORDER has been sent •y U.S.Mail to Eli Wallen and
State of
.Do as e-Devol,707 94th Ave.. •N.,Naples,FL 3410: •CI day of I ,it•,2014.
County of COLLIER '•
/ .`1
I HEREBY CER;TI� i;i f•this is a true and ' ` icola' quir7
correct cop, bi,a.docuntenton file in , • des Bar Na.968900
Board Kai leg arid R°c�rds,oOliierCounty
Attorney for the Code Enforcement Board
ESS my h' an otfic Cseal t l.3 681 Goodlette Road N.,Ste.210
;�ay �• :.� t� Naples,Florida 34012
�� '' •. =;' .�.' r t_: (239)261-6909
DWIGHT:E.BROCK,C1:ERK F.-COURTS
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From: Elia Wallen [mailto:Elia@travelershaven.com]
Sent: Thursday, March 05, 2015 11:56 AM
To: BurgosIliana
Cc: SerranoMarlene; VillarrealRosa
Subject: RE: Reduction of Fines - 707 94th Ave
Hi Iliana,
I moved to Denver nearly 6 years ago and the house in Naples Park was vacant the majority of the time.
I paid for pool and lawn service to maintain the property. There was a fence that separated my property
from the neighbors and when I left FL it was in good condition. There must have been a storm or
something that caused the fence to fall over. Unbeknownst to me the as I was in CO there was a
violation and fine for the fallen fence which accrued penalties for several months.
I put the property on the market and during that process discovered the lien. Upon discovering the lien
my real estate agent helped me have the fence taken down and hauled away. This happened 2 days
after learning of the violation. We also had a demo permit pulled. The violation is now closed.
I do understand there was a violation and penalty and fines are due. I would like to ask for a reduction
of the fine and penalty amount to be$2,500. If that is agreeable I will have the payment made
immediately.
Thank you for your time and consideration.
Elia Wallen
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