Agenda 06/09/2015 Item #16A10 6/9/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$45,567.87 for payment of $567.87, in the code enforcement action entitled Board of County
Commissioners v. Kenneth W. Lipka, Code Enforcement Special Magistrate Case No.
CEV20080016915, relating to property located at 2675 43rd Avenue NE, 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$45,567.87, for payment of$567.87, in relation
to Code Enforcement Special Magistrate Case No. CEV20080016915.
CONSIDERATIONS: As a result of a code violation at 2675 43rd Avenue NE, which consisted
of unlicensed/inoperable vehicle parked/stored in a residential area, the Code Enforcement
Special Magistrate ordered the imposition of a lien against Kenneth W. Lipka in Case No.
CEV20080016915. The lien was recorded in the Official Public Records on September 18,
2009, at O.R. Book 4492, Page 3345. This lien encumbers all real and personal property owned
by Kenneth W. Lipka. The accrued lien amount of$45,567.87 is based on 909 days of accrued
fines ($50 per day from June 25, 2009 through December 20, 2011) plus $117.87 in operational
costs. The property was brought into compliance on December 20, 2011.
Following a foreclosure and then subsequent title conveyances, US Bank, NA, acquired the
property on January 10, 2013.
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
$567.87. The owner is requesting a waiver of$45,000 in accrued fines.
FISCAL IMPACT: Payment of $567.87 has been made, representing $450 in fines and
$117.87 in operational costs. If approved by the Board, accrued fines in the amount of$45,000
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 $45,000, accept payment amount of $567.87, release the lien, and authorize 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 and 2) Lien Order
[15-CED-01022/1176728/1]
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6/9/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$45,567.87 for payment of$567.87, in the code enforcement action
entitled Board of County Commissioners v. Kenneth W. Lipka, Code Enforcement Special
Magistrate Case No. CEV20080016915, relating to property located at 2675 43rd Avenue NE,
Collier County, Florida.
Meeting Date: 6/9/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
5/5/2015 4:49:57 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 5/6/2015 1:24:02 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/6/2015 2:50:01 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 5/7/2015 2:39:05 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/20/2015 7:42:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/20/2015 10:36:32 AM
Name: IsacksonMark
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6/9/2015 16.A.10.
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/20/2015 11:03:39 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/22/2015 12:59:00 PM
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6/9/2015 16.A.10.
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:
Kenneth W. Lipka
Respondent
The lien was recorded on September 18, 2009, in Official Records Book 4492, Page 3345, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
three thousand seven hundred seventeen dollars and eighty-seven cents ($3,717.87), 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 and the
related order recorded on July 2, 2009 at Official Records Book 4468, Page 378.
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
rI//,/
Kevin Noell
Assistant County Attorney
CEV2008001691 5
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INSTR 4343076 OR 4492 PG 3345 RECORDED 9/18/2009 4:13 PM PAGES 2 6/9/2015 16.A.10.
` DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.E0
I l
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEV—2008-0016915
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
KENNETH W.LIPKA,
Respondent
ORDE' + ' ' i - Y TRATE
. s' a SING FINES/L S,
THIS CAUSE came befor? tlitl,,.Specitiviagistiltte for earing upon the Petitioner's
Motion for Imposition of Fin eWLiens • ep t.: •e 4 0 t: :nd a Special Magistrate, having heard
argument respective to all approp'`•t tfeti,T - •r s f. -- .. Findings of Fact and Order of the
Special Magistrate,as follows:] I
\f,` FINDINGS OFTiACT) /5:,?,4".\:-\ 'V / /
1. On June 19, 2009, Respondennt was found guilty o ill,/ of the Collier County Land
Development Code 2004-41, as\ra.1tpirded,w Section 2.0 0(,y %for unlicensed/inoperable vehicle
parked/stored on residential area,whi iolat� ok. 'property located at 2675 43'i Ave.NE,
Naples,FL,Folio#39836600001. '''i t �'
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 24,2009,or a fine of$50.00 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 4468, PG 378 and
attached hereto).
3. Operational costs of$117.87 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 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 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.07-44,it is hereby ORDERED:
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*** OR 4492 PG 3346 *** 6/9/2015 16.A.10.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$50.00 per day are assessed against Respondent for 72 days for the period from
June 25,2009 to September 4,2009 for a total amount of fines of$3,600.00.
C. Respondent shall pay the previously assessed operational costs of$117.87.
D. Respondent is ordered to pay fines and costs in the total amount of$3.717.87 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
E. The daily fine of$50.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator. ��.
DONE AND ORDERED this day of C 1Qp1 . ,2009 at Collier County,Florida.
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COLLIER CO CODE ENFORCEMENT
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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.
LIEN RIGHTS: This order may be recorded in the Public Records of Collier County may become
a lien on your real and personal property. After three(3)months from the filing of any such lien or civil
claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on
the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a
collections agency,the Violator will be responsible for those costs incurred by Collier County.
APPEAL RIGHTS: 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: Respondents—Kenneth W.Lipka--4/
Collier Co.Code Enforcement Dept.
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