Agenda 10/13/2015 Item #16A14QQ
10/13/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $244,584.35 for payment of $1,684.35, in the code enforcement actions entitled Board of
County Commissioners v. Reuben Reinstein Estate, Laird Lile, PR, Code Enforcement Board Case
No. CESD20100001344 and Board of County Commissioners v. Reuben T. Reinstein, Est., Code
Enforcement Special Magistrate Case No. CEPM20100020893, relating to property located at 4460
3rd Avenue SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two
(2) code enforcement liens with a combined accrued value of $244,584.35, for payment of
$1,684.35, in relation to Code Enforcement Board Case No. CESD20100001344 and Code
Enforcement Special Magistrate Case No. CEPM20100020893.
CONSIDERATIONS: As a result of various code violations at 4460 3`a Avenue SW, as
reflected below, the Code Enforcement Board and the Special Magistrate ordered the imposition
of two liens against the property as follows (in chronological order based on lien recording date):
The lien in Case No. CESD20100001344 was recorded in the Official Records on March 1,
2011, at O.R. Book 4656, Page 2151 (for a pool permit that never received a certificate of
occupancy and is now canceled) and it encumbers all real and personal property owned by
Reuben Reinstein Estate, Laird Lile, PR. The lien amount of $236,930.29 is based on a total of
1,579 days of accrued fines (at $150 per day from January 18, 2011 through May 15, 2015) plus
$80.29 in operational costs. The property was brought into compliance on May 15, 2015.
The lien in Case No. CEPM20100020893 was recorded in the Official Records on May 13, 2011,
at O.R. Book 4681, Page 2081 (for an unmaintained pool) and it encumbers all real and personal
property owned by Reuben T. Reinstein Est. The lien amount of $7,654.06 is based on 26 days
of accrued fines ($250 per day from January 22, 2011 through February 16, 2011) plus $112.56
in operational costs and $1,041.50 in abatement costs. The property was brought into
compliance on February 16, 2011.
Following a foreclosure eliminating the County's liens, (Case No. 2012 -CA- 4134), the property
was acquired by Federal National Mortgage Association, via a certificate of title which was
recorded on April 24, 2015.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when code
enforcement liens encumber 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
$1,684.35. The owner is requesting a waiver of $242,900 in accrued fines.
FISCAL IMPACT: Payment of $1,684.35 has been made, representing $450 in fines, $192.85
in operational costs and $1,041.50 in abatement costs. If approved by the Board, accrued fines in
the amount of $242,900 would be waived.
[15 -CED- 01055/1206121 /11
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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 waive the fines in the amount of $242,900, accept
payment in the amount of $1,684.35, release the liens, and authorizes 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) and 2) Lien Orders
[I 5-CED-01 055/ 120612VI]
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10/13/2015 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of $244,584.35 for payment of $1,684.35, in the code
enforcement actions entitled Board of County Commissioners v. Reuben Reinstein Estate, Laird
Lile, PR, Code Enforcement Board Case No. CESD20100001344 and Board of County
Commissioners v. Reuben T. Reinstein, Est., Code Enforcement Special Magistrate Case No.
CEPM20100020893, relating to property located at 4460 3rd Avenue SW, Collier County,
Florida.
Meeting Date: 10/13/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
9/2/2015 2:46:41 PM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 9/4/2015 9:24:00 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/9/2015 9:51:10 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/9/2015 9:51:41 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 9/9/2015 10:07:37 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
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Date: 9/10/2015 3:50:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/11/2015 8:20:07 AM
10/13/2015 16.A.14.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/17/2015 1:19:58 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/23/2015 9:25:32 AM
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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:
Reuben Reinstein Estate, Laird Lile, P.R.,
Respondent
The lien was recorded on March 1, 2011, in Official Records Book 4656, Page 2151, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand seven hundred eighty dollars and twenty -nine cents ($5,780.29), 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
M
By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20100001344
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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:
Reuben T. Reinstein Est,
Respondent
The lien was recorded on May 13, 2011, in Official Records Book 4681, Page 2081, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of seven
thousand six hundred fifty -four dollars and six cents ($7,654.06), 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20100020893
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tim Nance, Chairman
Date:
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INSTR 4531238 OR 4656 PG 2151 RECORDED 3/1/2011 4:21 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
REUBEN REINSTEIN ESTATE,
LAIRD LILE, P.R.,
Respondent
THIS CAUSE came on for public he :Ve rttif 'Board on
Respondent at which time the Board heardtestiniotiv under oath, recen
and Conclusions of Law and thereupon zss*`,its oral Order which was
and furnished to Respondent and was recorded F ffie dbtic.j�l
239, et. seq. on December 2, 20I0.
An Affidavit ofNon•Comptianca
February 11, 2011, which Affidavit cer if
ordered.
Accordingly, it having been b6igjhl to the Board's
Order dated November 19, 2010, it is heAe v
ORDERED, that the Respondent,'Rel7ize Reinstcin Estate,
55,700 (Order Items 1 and 2) at the rate of SI�&day� o,6—"he-perigtji
(38 days), plus operational costs of 580:29, for a ibtal,vf �a,7$Q: i`
CASE NO. CESD20100001344
10/13/2015 16.A.14.
18, 2010, after due notice to
and issued its Findings of Fact
writing on November 19, 2010,
anty, Florida at OR 4629, PG
v
rcemew Official on
has not been taken as
had not complied with the
ollter County fines in the amount of
ry 18, 2011 through February 24, 2011
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 152.09
Florida Statutes,
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.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this day of :2011 at Collier County, Florida.
5t8ry � F u.iill511
.'ounry of COLD R
HEREgY CE44t -THAT WO-15 a4M 00
:oneci cony os 'accumeitt`aft� lit
3ourd Mintit t;21nh orCFS Qt G"O lit ON*
NiTNESS tnv S- of l drat thin
)WIGHT E. 8F %X, CEO:
CODE ENFORCEMENT BOARD
COLLIER COUN3�
BY: C-
Kenfi�ttri£ei , u
2800 North Horseshoe Drive
Naples, Florida 34104
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* ** OR 4656 PG 2152 * **
10/13/2015 16.A.14.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) r
The foregoing instrument was acknowledged before me this a day of 2011, by
Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ✓ personally
known to me or who has prod a Florida Driver's License identification.
--Vol itt :�tiQlTO'ty , /lAr-)
�,�,MISSp4E °SJ NOTARY PUBLIC
1e A t.1Y c9 re 19, cptt
PiRES:Jo
Q My commission expires:
`''f •�`'` CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and cosre is RDER has been sent by U. S. Mail to Reuben
Rei stein Estate, c% Laird Lile, P.R., 5385 P t e a "�
j� } a rg rtaIrL\ 341 I4 this day of
2011. /. ��'' �•t"�. i
c 'hia, Esc .
o' a Ba r�Wo. 750311 1"1
�E� X11 14omeyxtbrkhe Code Enforcement Board
N. ami 'i1, Ste. 208
Nap3qs, Floridar34103
(23S� 82.0'61
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!NSTR 4560721 OR 4681 PG 2081 RECORDED 5/13/2011 8:42 AM PAGES 3 10/13/2015 16.A.14.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. —CEPM20100020893
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
REUBEN T. REINSTEIN EST
Respondent.
---,I " - -",.
THIS CAUSE came bcf6rejtheSpe&i Nlagjs�Aio' f o'r\A�c'Bearing upon the Petitioner's
Motion for Imposition of Fine ,fLiefis iol!fli aSid"thc p'C"Cial! Nlagistrate, having heard argument
respective to all appropriate malitt�i it, hc�P6upon46uemsr-fts+indi a and order of the Special
Magistrate, as follows:
-1,NTDrNGS OF FACT,
1. On January l4,2011,Respon e'tw fool _gq
JO(ation of Collier County Code of Laws
and Ordinances Chapter 22, Article VI, Sect _1�15)�for a swimming pool that is not being
maintained, which violation occurred on the property located at 4460 3,d Avenue SW, Naples, Florida,
Folio 936613600007 (Legal Description: GOLDEN GATE EST UNIT I E 165 FT OF TR 44).
C
2. An Order was entered by the Special Njapistrate ordering Respondent to abate the violation on Or
before January 21, 2011, or a fine of 5250.00 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 4647, PG 3268).
3. Operational costs of $112.56 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.
i. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
I
The violation has been abated as of February 16, 2011.
ORDER
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OR 4681 PG 2082 10/13/2015 16.A.14.
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 5250.00 per day are assessed against Respondent for 26 days for the period from
January 22, 2011 to February 16, 2011 for a total amount of fines of 56,500.00.
C. Respondent shall pay the previously assessed operational costs of 5112.56.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of $1,041.50.
E. Respondent is ordered to pay fines and costs in the total amount of 57,654.06 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
DONE AND ORDERED this �p of_
k.�
1' �,
`2ii 'i -1 at Collier County, Florida.
ENFORCEI LENT
SPECI �RiAGISTiATE
C.
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) - Reuben T. Reinstein Est
Collier Co. Code Enforcement Dept.
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*** OR 4681 PG 2083 ***
/0-111
10/13/2015 16.A.14.
Wl,
%
$Ufm 0: FUoMDA
'ZOMY of COLLIER
I H EREDY CERTIFY THAT this is & um Aw
x
wrrea copy of a aacumen
Board Minutes and Recoriii-6i "M, *lbw*
WITNESS my h#na ajjd'bmclir iiW4,�,
day of MO-4
0 7-77
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