Agenda 05/26/2015 Item #16A 9 5/26/2015 16.A.9.
n
EXECUTIVE SUMMARY
Recommendation to approve the release of (2) code enforcement liens with a combined accrued
value of$124,750 for payment of$450, in the code enforcement actions entitled Board of County
Commissioners v. Gwendolyn Green, Code Enforcement Board Case Nos. CENA20120006825 and
CENA20120015339,relating to property located at 3675 10th Ave. SE,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release (2)
code enforcement liens with a combined accrued value of$124,750, for payment of $450, in
relation to Code Enforcement Board Case Nos. CENA20120006825 and CENA20120015339.
CONSIDERATIONS: As a result of a code violation at 3675 10th Ave. SE.,which consisted of
the accumulation of litter consisting but not limited to, refuse, clothes, boxes, assorted metals,
plastics, wood and tires, the Code Enforcement Board ordered the imposition of liens against
Gwendolyn Green in Case Nos. CENA20120006825 and CENA20120015339. The liens were
recorded in the Official Public Records on July 11, 2013, at O.R. Book 4942, Page 3727 and at
O.R. Book 4942, Page 3729, respectively. These liens encumber all real and personal property
owned by Gwendolyn Green. In case No. CENA20120006825, the accrued lien amount of
$122,000 is based on 244 days of accrued fines ($500 per day from August 31, 2012 through
May 1, 2013). In case No. CENA20120015339 the accrued lien amount of$2,750 is based on
55 days of accrued fines ($50 per day from March 18, 2013 through May 1, 2013). The property
n was brought into compliance on May 1,2013.
Following a foreclosure (Case No. 2012-CA-1616), Otto Ventures, LLC acquired the property
via foreclosure and a certificate of title was recorded on July 14, 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 and compliance has been
achieved within 30 days. The property is being actively maintained and the owner has paid
$450. The owner is requesting a waiver of$124,300 in accrued fines.
FISCAL IMPACT: Payment of$450 has been made. Operational and abatement costs in the
amount of $1,690.86 were previously paid. If approved by the Board, accrued fines in the
amount of$124,300 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
[15-CED-01016/1171303/1]
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5/26/2015 16.A.9.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $124,300, accept payment amount of $450, release the liens, and authorize the
Chairman to sign the attached releases and satisfaction of liens 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)
2)Lien Orders
[15-CED-01016/1171303/1]
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5/26/2015 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve the release of(2) code enforcement liens
with a combined accrued value of$124,750 for payment of$450, in the code enforcement
actions entitled Board of County Commissioners v. Gwendolyn Green, Code Enforcement Board
Case Nos. CENA20120006825 and CENA20120015339, relating to property located at 3675 10th
Ave. SE, Collier County, Florida.
Meeting Date: 5/26/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator,Code Enforcement
4/17/2015 11:52:28 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 4/20/2015 3:43:12 PM
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 4/27/2015 9:41:34 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2015 1:11:06 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 5/5/2015 7:17:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2015 8:30:36 AM
Name: IsacksonMark
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5/26/2015 16.A.9.
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/5/2015 9:41:16 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/5/2015 1:00:22 PM
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5/26/2015 16.A.9.
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:
Gwendolyn Green
Respondent
The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3729, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
thousand eight hundred sixty dollars and fifty-seven cents ($2,860.57), 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
CENA20120015339
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5/26/2015 16.A.9.
•
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:
Gwendolyn Green
Respondent
The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3727, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
hundred twenty-three thousand five hundred eighty dollars and twenty-nine cents
($123,580.29), 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
CENA20120006825
i
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INSTR 4864338 OR 4942 PG 3727 RECORDED 7/11/2013 10:40 AM PAGES 2 5/26/2015 16.A.9.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CENA20120006825
vs.
GWENDOLYN GREEN,
Respondent
AMEND Illai crte�rat o$ 4FwE/LIEN
THIS CAUSE came on for public ' g before the Board on.A 't 23,2012,after due notice to
Respondent at which time the Board)earl t" nny under oath,receive evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon is ue� ral Oi2lerwhickwas reduced\to writing on October 30,2012,and
furnished to Respondent and was recorded in the Public-It cords otCollier County,Florida at OR 4853,PG 1144,
et.seq.on November 8,2012 covering el ro> c�ed at 7 t f kvenne S.E.,Naples,Florida 34117,
Folio 41044640003,more particularly described as kh West 7 o t 0 feet of Tract 56 of GOLDEN GATE
ESTATES,UNIT 83,according td the platele�iPlat Btok;S,Page 22,of the Public Records of
Collier County,Florida. \3;1,. / J
t✓,, _ ! f l
An Affidavit of Compliance Fran been filed with the BoatIiy the.,,syEnforcement Official on May 1,
2012,which Affidavit certified under c;affrilrat the required corrective"'aetihuhas been taken as ordered.
Accordingly,it having been brought=to the ' ttek2r that the County has abated the violation or the
Order dated October 30,2012,it is hereby
ORDERED,that the Respondent,Gwendolyn Green,pay to Collier County fines in the amount of
$122,000.00 (Order Items I &2)at a rate of S500/day for the period of August 31,2012 through May 1,2013(244
days),plus the abatement cost of$1,500.00, plus the operational costs of$80.29,for a total of$123,580.29.
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 . .d 2013 at Collier County,Florida.
• NF• ENTB
COLLIER CO I 'CORIDA
State of Floada Y: ../�tG.'.�1 -
County of COLLiE:4' . • ••.-rt Ka a ,C air
•Y}":7.' 2800 " •ors- o- • 've
I HER=S'{ this a true and Na: es, 04
correct copy cc nt'on f!e in
Board fi.:;t t z4?.d : cords of Collier_county
WITH:SS my i`spd ;n ' `icial seal`this
"NIGHT E.BROCK.CLERK OF COURTS
•_ ! D.C. /
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** oR 4942 PG 3728 **t 5/26/2015 16.A.9.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) 3 The fo ing instrument was acknowledged before me this ✓ day of
2013 y Robert Kaufman,Chair of the Code Enforcement Board of Col ie County arida,who is
personally known to me or who as roduced a Fl Driver's License as identification.
rex) vc.....(res-
:0�" KAREN G BAILEY N TARY PUBLIC
',1 •'z MY COMMISSION tt EE8751
�,��_ commission expires:
;+•;,4",' EXPIRES February 14,2017
14";..ve e.s. r`3"d'"°'°"94"ti`°°" CER IFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen+.y U.S.Mail to
Gwendolyn Green,3675 l0"'Avenue S.E.,Naples,,-Florida-34-1.17 this�day of _. 013.
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M.Jeat( awsott,#s3q\
// Florida Bar No.750311\
/ / 681-Goodtette Road'N.,Ste.210 7 1� / _Naples,Florida 34012(-07,4r `a ,.., L )„,
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INSTR 4864339 OR 4942 PG 3729 RECORDED 7/11/2013 10:40 AM PAGES 2 5/26/2015 16.A.9.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CENA20120015339
vs.
GWENDOLYN GREEN,
Respondent
ORDER IMPOSING-FINE/LIEN
R. L
THIS CAUSE came on for public Sri' ore e t d'oirFebruary 28,2013,after due notice to
Respondent at which time the Board heard'testimony under oath,receive.$-evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 4,2013,and
furnished to Respondent and was recorded inthe P b te-Records!of CollieirCouiity,Florida at OR 4895,PG 2438,
et.seq.on March 13,2013 covering theft-cal p per jcated at 367,5 106 Avenue S.E.,Naples,Florida 34117,Folio
41044640003,more particularly described ,A ,Cs S ,Tg et 56 of GOLDEN GATE
ESTATES,UNIT 83,according to the'latfthereof,recor ut.PI o Page 22,of the Public Records of
Collier County,Florida. 4t �} i', 1 f � !. 1, I=—
An Affidavit of Compliance bas been filed with the Boar44,by the Code,Enforcement Official on May 1,
2013,which Affidavit certified underoaJthat the required correaive actiun`tas been taken as ordered.
Accordingly,it having been brdight o the Board's attention thattheCounty has abated the violation of the
Order dated March 4,2013,it is hereby
ORDERED,that the Respondent,Givennot Grcetsl -to-Collier County fines in the amount of
S2,750.00(Order Items l &2)at a rate of$50/day 1'br1hepperiod of March 8,2013 through May 1,2013(55 days),
plus the abatement cost of$30.00,plus the operational costs of$80.57,for a total of$2,860.57.
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 IA 113 at Collier County,Florida.
t
1.E • ORC=MEN BOA:
OLLIE. s. TY,j •'s DA
,rte
• . ��
Slate otForida Re.e Kau .!rf
County of COLLIER .801 o a Drive
N. es, rs i.F 4104
I HEREBY CERTIFY THAT this is a true and
correct cor•of,,dc,oument gn31k in '
co3!d :?s R3cor isof.0^t1 Coon`y;-,
4i f:c S Jy( JsinC.4..`ca!S'c91lhls
9.41^.d of�aa5 :.
DWIGHT E.EROCh,l iC�RR iOr CCLJRTS
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*** OR 4942 PG 3730 5/26/2015 16.A.9.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The forego'ng instrument was acknowledged before me this day of ,
2013,b obert Kaufman,Chair of the Code Enforcement Board of Co lie,Coun 4 Florida,who is
personally known to me or who has „roduced a Fl Driver's License as identification.
;,-•;':1 ; KAREN G BAILEY 'OTARY PUBLIC
4 Ay commission expires:
:"E MY COMMISSION A EE875121
7,�" EXPIRES February 14,2017
!AV; �' CERTIFICATE OF SERVICE
�9E-055� Fb.iA�NoterySe.6eodn
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent i U. .Mail to
Gwendolyn Green,3675 10'"Avenue S.E.,Napplle&-Flori.. this ?j day of _LI 2013.
/ M.Jet Rawson9•'
/ (71(-17'1'14-2"7�-----Florida Bar No.750,31 1"
L: s62-t-6oedlette Road Ste,210
1.._N les,Florida 3401
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