Agenda 06/09/2015 Item #16A 8 6/9/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of (2) code enforcement liens with a combined accrued
value of $346,374.58 for payment of $674.58, in the code enforcement action entitled Board of
County Commissioners v. Saint Hubert Jean Baptiste and Fabiola Antoine, Code Enforcement
Special Magistrate Case Nos. CEPM20110004442 and CESD20110004443 relating to property
located at 4724 25th Avenue SW, 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$346,374.58, for payment of$674.58,
in relation to Code Enforcement Special Magistrate Case Nos. CEPM20110004442 and
CESD20110004443.
CONSIDERATIONS: As a result of code violations at 4724 25th Avenue SW, which consisted
of broken and or missing windows and screens and a shed type structure attached to house
without the required Collier County permits, the Code Enforcement Special Magistrate ordered
the imposition of liens against Saint Hubert Jean Baptiste and Fabiola Antoine in Case Nos.
CEPM20110004442 and CESD20110004443. The liens were recorded in the Official Public
Records on September 13, 2011, at O.R. Book 4718, Page 1329 and at O.R. Book 4718, Page
1323. These liens encumber all real and personal property owned by Saint Hubert Jean Baptiste
and Fabiola Antoine. In case CEPM20110004442, the accrued lien amount of $244,362.29 is
based on 977 days of accrued fines ($250 per day from July 16, 2011 through March 18, 2014)
plus $112.29 in operational costs. The property was brought into compliance on March 18,
2014. In case CESD20110004443, the accrued lien amount of$102,012.29 is based on 1,019
days of accrued fines ($100 per day from August 2, 2011 through May 16, 2014) plus
operational costs in the amount of$112.29. The property was brought into compliance on May
16, 2014.
Gerald Lawrence Connor acquired the property by special warranty deed on March 31, 2014.
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 new owner has paid
$674.58. The new owner is requesting a waiver of$345,700 in accrued fines.
FISCAL IMPACT: Payment of $674.58 has been made, representing $450 in fines and
$224.58 in operational costs. If approved by the Board, accrued fines in the amount of$345,700
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-01021/1176716/1)
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6/9/2015 16.A.8.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $345,700, accept payment amount of $674.58, 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-0 1 02 1/1 1 7671 6/1]
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6/9/2015 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the release of(2) code enforcement liens
with a combined accrued value of$346,374.58 for payment of$674.58, in the code
enforcement action entitled Board of County Commissioners v. Saint Hubert Jean Baptiste and
Fabiola Antoine, Code Enforcement Special Magistrate Case Nos. CEPM20110004442 and
CESD20110004443 relating to property located at 4724 25th Avenue SW, Collier County,
Florida.
Meeting Date: 6/9/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
5/5/2015 4:32:59 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 5/6/2015 1:22:51 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/6/2015 2:52:11 PM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 5/7/2015 4:38:30 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/20/2015 7:38:52 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/20/2015 10:35:19 AM
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6/9/2015 16.A.8.
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 5/20/2015 11:02:09 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/22/2015 12:57:35 PM
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6/9/2015 16.A.8.
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:
Saint Hubert Jean Baptiste and Fabiola Antoine
Respondents
The lien was recorded on September 13, 2011, in Official Records Book 4718, Page 1323, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
three thousand three hundred twelve dollars and twenty-nine cents ($3,312.29), 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 No-ell/
Assistant County Attorney
CESD20110004443
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6/9/2015 16.A.8.
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:
Saint Hubert Jean Baptiste and Fabiola Antoine
Respondents
The lien was recorded on September 13, 2011, in Official Records Book 4718, Page 1329, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
twelve thousand three hundred sixty-two dollars and twenty-nine cents ($12,362.29), 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
Acki
Kevin Noel! -
Assistant County Attorney
CEPM20110004442
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INSTR 4605686 OR 4718 PG 1329 RECORDED 9/13/2011 9:13 AM PAGES 3 6/9/2015 16.A.8.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20110004442
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
SAINT HUBERT JEAN BAPTISTE AND
FABIOLA ANTOINE,
Respondents. ,-0 G°C
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0 E O� CE ' MAGI TE
'THIS CAUSE came bef - p i l ate o p blic hearing upon the Petitioner's
Motion for Imposition of Fin s ,r r. .."'FS- > • • 011, the ial Magistrate, having heard
argument respective to all arm 6., .to matters, hereupo*4ssu s it.. -} dings of Fact and Order of the
Special Magistrate,as follows: ✓ ►►
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1. On July 1,2011,Respondent was ..•• .i r �'• •ation of Collier County Code of Laws and
Ordinances Chapter 22 Building and Building Regulations,Article VI,Property Maintenance
Code,Section 22-231(12)(i)for a broken/missing window,which violation occurred on the
property located at 4724 25th Avenue SW,Naples,FL Folio#35989080006(Legal Description:
GOLDEN GATE UNIT 3 BLK 89 LOT 5).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 15,2011,or a fine of$250.00 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 4702,
PG 165).
3. Operational costs of$112.29 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 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 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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OR 4718 PG 1330 6/9/2015 16.A.8.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07.44,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 49 days for the period from
July 16,2011 to September 2,2011 for a total amount of fines of$12,250.00.
C. Respondent shall pay the previously assessed operational costs of$112.29.
D. Respondent is ordered to pay fines and costs in the total amount of$12,362.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida. ‘At-,R C O LJ
E. The daily fine of$250.00 sh: cent •'e to accrue ' :•: - ent has been confirmed by a Collier
County Code Enforcemen -_ igator.
DONE AND ORDERED this iri ti d..-��err]\ 201 at oilier County,Florida.
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PAYMENT OF FINES: Any fines 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 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 Special Magistrate's Order.
cc: Respondent(s)—Saint Hubert Jean Baptiste and Fabiola Antoine,
Collier Co.Code Enforcement Dept.
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*** OR 4718 PG 1331 *** 6/9/2015 16.A.8.
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INSTR 4605684 OR 4718 PG 1323 RECORDED 9/13/2011 9:13 AM PAGES 3 6/9/2015 16.A.8.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CESD20110004443
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
SAINT HUBERT JEAN BAPTISTE AND
FABIOLA ANTOINE,
Respondents. 1�\ R Cot I
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• SPEC MAGIS TE
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THIS CAUSE came (bp. ei I a=(—rate\o p lic hearing upon the Petitioner's
:' - - t '�. ecial Magistrate, having heard
Motion for Imposition of Fins/t„t S- _, 011, 1 -S g B
argument respective to all ap• o.�' to matters, hereupo issues it n`dings of Fact and Order of the
,lk Special Magistrate,as follows: \-",::)''
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4 t j iNDINGS OF FA'.
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I. On July 1,2011,Respondent was o.• i` S•ation of Collier County Land Development
Code 04-41,as amended,Section 10.02.06(B)(1)(a)for a shed structure attached to the house
without a proper permit,which violation occurred on the property located at 4724 25th Avenue
SW,Naples,FL Folio#35989080006(Legal Description:GOLDEN GATE UNIT 3 BLK 89
LOT 5).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before August 1,2011,or a fine of 5100.00 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 4702,
PG 168).
3. Operational costs of 5112.29 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 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 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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OR 4718 PG 1324 6/9/2015 16.A.8.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$100.00 per day are assessed against Respondent for 32 days for the period from
August 2,2011 to September 2,2011 for a total amount of fines of$3,200.00.
C. Respondent shall pay the previously assessed operational costs of$112.29.
D. Respondent is ordered to pay fines and costs in the total amount of$3,312.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
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E. The daily fine of$100.00 sh• east"••e to accrue ► -. ent has been confirmed by a Collier
County Code Enforcemen Teton
-111M11111114,2011 :t C tier County,Florida.
DONE AND ORDERED this ,
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PAYMENT OF FINES: Any fines 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 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 Special Magistrate's Order.
cc: Respondent(s)—Saint Hubert Jean Baptiste and Fabiola Antoine,
Collier Co.Code Enforcement Dept.
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*** OR 4718 PG 1325 *** 6/9/2015 16.A.8.
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