Agenda 05/12/2015 Item #16A11[15-CED-01011/1170452/1]
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$30,862.29 for payment of $562.29, in the code enforcement action entitled Board of County
Commissioners v. Christopher S. Cleary Est., Code Enforcement Special Magistrate Case No.
CEPM20130009214, relating to property located at 4951 18th Ct. SW, 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 $30,862.29, for payment of $562.29, in relation
to Code Enforcement Board Case No. CEPM20130009214.
CONSIDERATIONS: As a result of a code violation at 4951 18 th Ct. SW., for a damaged
garage door, the Special Magistrate ordered the imposition of a lien against Christopher S.
Cleary Est. in Case No. CEPM20130009214. The lien was recorded in the Official Public
Records on December 10, 2013, at O.R. Book 4990, Page 2919, and encumbers all real and
personal property owned by Christopher S. Cleary Est. The lien amount of $30,862.29 is based
on 123 days of accrued fines ($250 per day from October 7, 2013 through February 6, 2014) plus
$112.29 in operational costs. The property was brought into compliance on February 6, 2014.
Following a foreclosure (Case No. 2009-CA-0989), a Certificate of Title was recorded on March
3, 2015 in favor of Federal National Mortgage 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 within 30 days. The property is being actively maintained and the owner has paid
$562.29. The owner is requesting a waiver of $30,300 in accrued fines.
FISCAL IMPACT: Payment of $562.29 has been made representing $450 in fines and $112.29
in operational costs. If approved by the Board, accrued fines in the amount of $30,300 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 waive the fines in the
amount of $30,300, accept payment amount of $562.29, release the lien, and authorizes 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 Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
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5/12/2015 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $30,862.29 for payment of $562.29, in the code enforcement action
entitled Board of County Commissioners v. Christopher S. Cleary Est., Code Enforcement Special
Magistrate Case No. CEPM20130009214, relating to property located at 4951 18th Ct. SW,
Collier County, Florida.
Meeting Date: 5/12/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
4/15/2015 12:10:23 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/16/2015 10:12:03 AM
Name: WrightJeff
Title: Division Director - Code Enforcement, Code Enforcement
Date: 4/16/2015 2:07:18 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/16/2015 2:23:01 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2015 11:29:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2015 9:34:51 AM
Name: IsacksonMark
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Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 4/23/2015 10:12:13 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/27/2015 8:57:40 PM
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■NSTR 4922■49 oR 4990 DWIGHT E. BROCK, CLERK
REC S■8.50
PC 29■9 RECORDED ■2/■0/20■3 9:06 AM PACES
OF THE CIRCuIT CouRT, COLL工 ER COuNrY FLOR工 DA
COLLER COUNTY CODE ENFORCEMENT
SPECIAL MACISTRATE
Case No.CEPM20131111119214
′
BOARD OF COUNrY COMttnSSIONERS COLLIER COUNTY,FLORIDA,
Petitioner9
VS.
CHRISTOPHER S,CLEARY EST,
Respondont
ノ
TⅢS CAUSE came
Motion for lmposition of
argument respective to all
Special Magistrate, as
1.On September 6,2013,
and Ordinances, Chapter
violation occuned on the
hearing upon the Petitioner's
Magishate, having heard
of Fact and Order of the
of Collier County Code of laws
for a damaged garage door, rvhich
'SW,Napies,FL Folio″
36119160009
LOT 7)(Legal Desciption:GOLDEN GA
An Order was entercd by the Special Magistrate ordcring Respondent to abale the violation on or
before October 6, 2013, or a fine of$250.00 per day would be assessed for each day the
viotations continue $ereafter until sbalemenl is confirmed. (A copy ofthe Order is relorded at
oR 4966, PG 2l l7).
Operational costs of$l 12.29 incurrcd by the County in the prosecution ofthis case were ordercd
to be paid.
Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not ippear at the public hearing and no legal defense to the Moiion was presented.
No Request for Re-hearing or Appeal pursuanl to Ordinance 2010-04 has been timely filed'
The violation has not been abaled as ofthe date ofthe hearing.
4.
rvas found guilty
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‐☆☆ OR 4990 PG 2920 ★☆
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