Agenda 06/23/2015 Item #16A 96123/2015 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve the release of (3) code enforcement liens with a combined accrued
value of 517,718.57 for payment of 54,768.57, in the code enforcement actions entitled Board of
County Commissioners v. Sidney John Hubschman, Code Enforcement Board Case No.
CEPM20130019061 and Code Enforcement Special Magistrate Case Nos. CENA20130019057 and
CENA20140016288, relating to property located at 2600 Coach House Lane, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release (3)
code enforcement liens with a combined accrued value of $17,718.57, for payment of $4,768.57,
in relation to Code Enforcement Board Case No. CEPM20130019061 and Code Enforcement
Special Magistrate Case Nos. CENA20130019057 and CENA20140016288.
CONSIDERATIONS: As a result of various code violations at 2600 Coach House Lane, as
reflected below, the Special Magistrate and Code Enforcement Board ordered the imposition of
three liens against 2600 Coach House Lane as follows (in chronological order based on lien
recording date):
The lien in Case No. CENA20130019057 was recorded in the Official Records on May 23, 2014,
at O.R. Book 5040, Page 2344 (weeds in excess of 18 inches throughout property). The lien
amount of $2,264.21 is based on 40 days of accrued fines ($50 per day from February 15, 2014
through March 26, 2014) plus $229.21 in operational costs and $35 in abatement costs. The
property was brought into compliance on March 26, 2014.
The lien in Case No. CEPM20130019061 was recorded in the Official Records July 16, 2014, at
O.R. Book 5058, Page 1895 (swimming pool not being maintained creating an unhealthy
condition). The lien amount of $13,789.08 is based on 40 days of accrued fines ($250 per day
from April 4, 2014 through May 13, 2014) plus $126.88 in operational costs and $3,662.20 in
abatement costs. The property was brought into compliance on May 13. 2014.
The lien in Case No. CF-NA20140016288 was recorded in the Official Records on April 29,
2015, at O.R. Book 5145, Page 1135 (repeat violation of weeds in excess of 18 inches
throughout property). The lien amount of $1,665.28 is based on 25 days of accrued fines ($50
per day from January 24, 2015 through February 17, 2015) plus $230.28 in operational costs,
$150 in civil penalty and $35 in abatement costs. The property was brought into compliance on
February 17, 2015.
Following a foreclosure (Case No. 2012 -CA- 0379), the property was acquired by Wilmington
Savings Fund Society, et al. via a certificate of title which was recorded on April 24, 2015. The
foreclosed mortgage predated the County's liens; therefore the county's liens were foreclosed
and are not presently enforceable as to this property.
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
[ 15- CED -01 024/1179159/11
Packet Page -672-
6/23/2015 16.A.9.
achieved within 30 days. The property is being actively maintained and the owner has paid
$4,768.57. The owner is requesting a waiver of $12,950 in accrued fines.
FISCAL IMPACT: Payment of $4,768.57 has been made, representing $4,239.08 in fines and
$529.49 in operational costs. If approved by the Board, accrued fines in the amount of $12,950
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 $12,950, accept payment amount of $4,768.57, 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 (3)
2) Lien Orders
[ 15 -CED- 0 1024/1179159/1 ]
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6/23/2015 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 (3) code enforcement liens
with a combined accrued value of $17,718.57 for payment of $4,768.57, in the code
enforcement actions entitled Board of County Commissioners v. Sidney John Hubschman, Code
Enforcement Board Case No. CEPM20130019061 and Code Enforcement Special Magistrate
Case Nos. CENA20130019057 and CENA20140016288, relating to property located at 2600
Coach House Lane, Collier County, Florida.
Meeting Date: 6/23/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
5/14/2015 9:40:12 AM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 5/19/2015 11:17:08 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/19/2015 11:33:12 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 5/20 /2015 4:05:35 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/5/2015 9:53:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/5/2015 10:37:09 AM
Packet Page -674-
6/23/2015 16.A.9.
Name: lsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 9:19:11 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/10/2015 11:15:00 AM
Packet Page -675-
6/23/2015 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:
Sidney John Hubschman
Respondent
The lien was recorded on April 29, 2015, in Official Records Book 5145, Page 1135, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
thousand six hundred sixty -five dollars and twenty -eight cents ($1,665.28), 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
go
Date:
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CENA20140016288
Date:
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6/23/2015 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:
Sidney John Hubschman
Respondent
The lien was recorded on July 16, 2014, in Official Records Book 5058, Page 1895, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirteen thousand seven hundred eighty -nine dollars and eight cents ($13,789.08), 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
Deputy Clerk
1A
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20130019061
Tim Nance, Chairman
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6/23/2015 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:
Sidney John Hubschman
Respondent
The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2344, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
thousand two hundred sixty -four dollars and twenty -one cents ($2,264.21), 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
f
Kevin Noell
Assistant County Attorney
CENA20130019057
Packet Page -678-
INSTR 5008120 OR 5058 PG 1895 RECORDED 7/16/2014 3:37 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
SIDNEY JOHN HUBSCHMAN,
Respondent
THIS CAUSE came on for public
Fines,!Liens on June 20, 2014, and
thereupon issues its Findings of Ft
YER C'fjt ;,
as
CASE NO.: CEPM20130019061
oard upon the Petitioner'$ Motion for Imposition
'Hiu argument respective`to a] I appropriate matters
6/23/2015 16.A.9.
1{ (l RIAr{?P+iG3 pt �,4CIt.' v,/
�1
1. On March 27, 2014,espgndent was found to be is violation of Collier County Code of Laws and
Ordinances, Chapter-212, Buildings iind,Building Regulations, Aiticle V3, Pro�c' Maintenance Code, Section 22-
23] (l5), which violation covered thh;real property located at 2606'Coacb-'House Lane, Naples, Florida, 34105,
Folio 30550000054 (Legal description`-:'EASTON PARK AT COACH 00'USE LANE LOT 1).
2. An Order was entered on lvlarc} , -2Q,14 which Nv. s'"recnr`dc� in the Public Records of Collier
County, Florida at OR 5025, PG 166, et. S'4, 0n 4*l9; ?014
3. An Affidavit of Compliance was flied- witiLthe Boers by the Code Enforcement Official on May 13,
2014, which Affidavit certified under oath that the required corrective action has been taken by the County.
4. The violation has 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:
1. Petitioner's Motion for Imposition of Fines2.iens is granted.
2. Daily fines of 5250 .00 per day are assessed against the Respondent for 40 days for the period from
April 4, 2014 to May 13, 2014 for a total amount of fines of 510,000.00.
3. The previously assessed operational costs of $63.74 have not been paid. The operational costs are
563.14 for this hearing. Abatement costs of 53,662.20 have not been paid.
4. Respondent is ordered to pay fines and costs in the total amount ofS13,789.08 or be subject to Notice
of Assessment of Lien against all properties owned by Respondents in Collier County, Florida.
Packet Page -679-
* ** OR 5055 PG 1896 * **
DONE AND ORDERED this �1 day of
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
4 at Collier County, Florida.
BOARD
2800 o Ho eshoe Drive
Naill e lori 34104
The foregoing instrument was acknowledged before me this day of
20 isy Robert Kaufman, Chair of the Code Enforcement Board of Col ier ounty orida, who is
✓✓ personally known to me or whahaproueed aF-Igtida Dr er's License as identification.
C NV RYyPU
PAYMENT OF FINES: Any fines c
Code Enforcement Department, 2800
release of lien or confirmation ofcom
may also be obtained at this location.;
APPEAL: Any aggrieved party rna5' alipeal a final order of the.B'oard io
of the execution of the Order appealarl:` Xn appeal shall not be a tieaLifir,-
review of the record created within the,ori�inaJ. hearing. It is the respons'
transcribed record of the hearing from the.Cler - 9 €- Courts. Filings Apk
Board's Order.
CERTIFICATE OF SERVICE
6/23/2015 16.A.9.
KAREN G BAILEY
MY CcgAMISSION x EESTS121
EXPIRES February 14. 2017
� ':n7; ;up ]15? fb�da"1eurySe'.be mm
r4e,r may be paid at the Collier County
%341 i 04,i fax n (239) 252 -2343. Any
action of the obligations of this Order
r
theXircuit Court Nvithin thirty (30) days
te'77oro, but shall be limited to appellate
331ity' of the appealing party to obtain a
eal will not automatically stay the
I HEREBY CERTIFY that a true and correct copy of this OFDER has been ent by U. S. Mail to Sidne,,
John Hubschman, 2600 Coach House Lane, Naples, FL 34105 this day of 014.
Qzf
M. 3egft'Rawson, Esq.
Florida Bar No. 750311
681 Goodlette Road N., Ste. 210
Naples, Florida 34012
(239) 263 -8206
Stave o' Florida
County of COLi.iER
I HEREBY CF{ rT iFY.'(Kkf ttiiis is a true and
corre:tc.o.q'cf In-
Bcaidit „ifiu = nd'R -=da af. Collier County
V., ni �?`d �n� c`t`ci2t seal Chi;
D`YJiGHT:. ;ROCK' LE,RK OF COUrRTS
Packet Page -680-
INSTR 4986221 OR 5040 PG 2344 RECORDED 5/23/2014 9:16 AM PAGES 2 6/23/2015 16.A.9.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 118.SO
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -- CENA20130019057
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
SIDNEY JOHN HUBSCIIMAN
Respondent.
/ `IMPOSING FINESILIENS
THIS CAUSE came before the Spcdial- 'hfaszistrate for public hearing upon the Petitioner's
Motion for imposition of FineslLie s q 1 y� 2,—�2b 14 8� � t3 �I:�e0 l Magistrate, having heard argument
respective to all appropriate matters,! hereupon i issues,,its- 'Fthdin-s iof Fact and Order of the Special
Magistrate, as follows:
`•� FINDII�TGS OF >r�GT'
1. On February 7, 2014, Responderit-Avas found guilty oflliolaiior of Collier County Code of Laws
and Ordinances, Chapter 54, �Art�cie (, Section 54= 18>(b.�-or weeds in excess of 18 inches at
this Iocation, which violation occurred dr1_#h6,ptaperty -1ocated at 2600 Coach House Lane,
Naples, FL, Folio X30550000054 (Leg I Description: EASTON PARK AT COACH HOUSE
LANE LOT 1).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 14, 2014, or a fine of $50.00 per day would be assessed for each day the
violations continue thereafter until abaterncnt is confirmed. (A copy of the Order is recorded at
OR 5010, PCi 3495).
Operational costs of $115.18 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.
S. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely filed.
6. The violation has been abated as of March 26, 2014.
Packet Page -681-
* ** OR 5040 PG 2345 ***
ORDER
6/23/2015 16.A.9.
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 FinesUens is granted.
B. Daily fines of $50.00 per day are assessed against Respondent for 40 days for the period from
February 15, 2014 to March 26, 2014, for a total amount of fines of $2,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.18.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.03.
E. Respondent shall pay the abatement costs incurred by the County in the amount of $35.00.
F. Respondent is ordered to pay fines and- 9sts inTR total amount of S2.264.2I or be subject to
Notice of Assessment of Lien aga nst r, - propertids. -0wned,by Respondent in Collier County,
Florida.
DONE AND ORDERED this 2014 at Collier County, Florida.
j r / " (,COL'LI#✓ ,qOU1a'TY CODE Elr FORCE9iENT
!
SPECIAL ,N G1S TRA`TE
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: "CAR SOti
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier Count}" 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 sha(1 not be a hearing de r:oro.
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 Ma4aistrate's Order.
cc: Respondent(s) — Sidney John Hubschman
Collier Co. Code Enforcement Dept.
Packet Page -682-
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INSTR 5114395 OR 5145 PG 1135 RECORDED 4/29/2015 9:02 AM PAGES 2 6/23/2015 16.A.9.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CENA20140016288
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
kill ►1 • :1► a JS •lulu a
Respondent.
1
% TW,OSING FINES/L'IENSs -,,.
THIS CAUSE came before,-'the -- 5pecial~-hinistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens can A 3;,1015, Land the': Special Magistrate, having heard
argument respective to all appropriate; matters, here "h issuesjts`Findings of Fact and Order of the
-- Special Magistrate, as follows:
FINDINGS OF F'„ACT
1. On January 16, 2015, Respondent was found guilty ofviolatio"n- of Collier County Code of Laws
and Ordinances, Chapter 54; Jlrticie VI, Section 54- 185(bj fora repeat violation of weeds in
excess of 18 inches at this location; which- violation °ocga`rred on the property located at 2600
Coach House Lane, Naples, FL, F61i i4 055Q00Q5 'XLcgal Description: EASTON PARK AT
COACH HOUSE LANE LOT 1).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before January 23, 2015, 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 51 16,
PG 3763).
3. Operational costs of $115.25 incurred by the County in the prosecution of this case were ordered
to be paid.
4. A Civil Penalty of $150.00 for the repeat violation was ordered to be paid.
5. 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.
6. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely filed.
7. The violation has been abated as of February 17, 2015.
Packet Page -683-
TM ** OR 5145 PG 1136 6/23/2015 16.A.9.
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.
B. Daily tines of $50.00 per day are assessed against Respondent for 25 days for the period from
January 24, 2015 to February 17, 2015, for a total amount of fines of $1,250.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.25.
D. Respondent shall pay the previously assessed civil penalty in the amount of $150.00.
E. Respondent shall pay the abatement costs incurred by the County in the amount of $35.00.
F. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$115.03.
G. Respondent is ordered to pay f and`costs�mthe� tstta:aount of $1.665.28 or be subject to
Notice of Assessment of Lien against all properties owned,bF Respondent in Collier County,
Florida.f
DONE AND ORDERED this` daq V1`f�;,261 at Collier County, Florida.
j � y Y
�_ ' ' ,_S OTIT IT R CUIJNTT 'CODE ENFORCENrEN'T
SPECIAL MAGIS'TR`ATE
"'d6A C. GAR SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone n
(239) 252 -2440, or w-ww.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 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 shalt 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 - Sidney John Hubschman
Collier Co. Code Enforcement Division
Packet Page -684-
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