Agenda 09/08/2015 Item #16A239/8/2015 16.A.23.
EXECUTIVE SUMMARY
Recommendation to approve the release of (2) code enforcement liens with a combined accrued
value of $185,183.11 for payment of $2,283.11, in the code enforcement actions entitled Board of
County Commissioners v. Jerry Delashment et ux., Code Enforcement Special Magistrate Case
Nos. CESD20130003907 and CEPM20130003856, relating to property located at 1391 13th Avenue
N., 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 $185,183.11, for payment of
$2,283.11, in relation to Code Enforcement Special Magistrate Case Nos. CESD20130003907
and CEPM20130003856.
CONSIDERATIONS: As a result of various code violations at 1391 13th Avenue N., as
reflected below, 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. CESD20130003907 was recorded in the Official Records on August 14,
2013, at O.R. Book 4955, Page 492 (for a shed in rear of property with an expired permit and no
certificate of completion). The lien amount of $48,712.29 is based on 486 days of accrued fines
($100 per day from July 8, 2013 through November 5, 2014) plus $112.29 in operational costs.
The property was brought into compliance on November 5, 2014.
The lien in Case No. CEPM20130003856 was recorded in the Official Records on October 18,
2013, at O.R. Book 4976, Page 911 (shed with broken windows and a screen enclosure missing a
door). The lien amount of $136,470.82 is based on 539 days of accrued fines ($250 per day from
June 15, 2013 through December 5, 2014) plus $112.29 in operational costs and $1,608.53 in
boarding costs. The property was brought into compliance on December 5, 2014.
Following a foreclosure eliminating the County's liens, (Case No. 2012 -CA- 1461), the property
was acquired by DLB Investments, Inc., via a special warranty deed which was recorded on
April 24, 2015.
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
$2,283.11. The owner is requesting a waiver of $182,900 in accrued fines.
FISCAL IMPACT: Payment of $2,283.11 has been made, representing $450 in fines, $224.58
in operational costs and $1,608.53 in boarding costs. If approved by the Board, accrued fines in
the amount of $182,900 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[I 5-CFD-01036/1195827/11
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9/8/2015 16.A.23.
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 $182,900, accept
payment amount of $2,283.11, 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) and 2) Lien Orders
[I 5-CED-01 036/1 1 95827/1 ]
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9/8/2015 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to approve the release of (2) code enforcement liens
with a combined accrued value of $185,183.11 for payment of $2,283.11, in the code
enforcement actions entitled Board of County Commissioners v. Jerry Delashment et ux., Code
Enforcement Special Magistrate Case Nos. CESD20130003907 and CEPM20130003856, relating
to property located at 1391 13th Avenue N., Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/16/2015 11:48:35 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 3:04:03 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 3:04:41 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 2:01:05 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/3/2015 8:28:30 AM
Name: WilkisonDavid
Date: 8/3/2015 9:28:06 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 8/5/2015 9:12:53 AM
9/8/2015 16.A.23.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/10/2015 3:03:16 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/18/2015 5:24:56 PM
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9/8/2015 16.A.23.
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:
Jerry Delashment Et Ux.
Respondent
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 492, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
thousand seven hundred twelve dollars and twenty -nine cents ($2,712.29), 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:
Deputy Clerk
By:
Date: Date:
Approved as to form and legality
. __a -7 '
Kevin Noel[
Assistant County Attorney
CESD20130003907
Tim Nance, Chairman
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9/8/2015 16.A.23.
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:
Jerry Delashment Et Ux.
Respondent
The lien was recorded on October 18, 2013, in Official Records Book 4976, Page 911, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty -nine thousand seven hundred twenty dollars and eighty -two cents ($29,720.82), 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:
Deputy Clerk
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20130003856
By:
Tim Nance, Chairman
Date:
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INSTR 4878123 OR 4955 PG 492 RECORDED 8/14/2013 11:32 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CESD20130003907
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JERRY DELASHMENT ET UX,
Respondent.
r
;= CC)
THIS CAUSE came Won
Motion for Imposition of Fines /Iris
argument respective to all appropan
Special Magistrate, as followslt,
w..P
{
9/8/2015 16.A.23.
for publiiz hearing upon the Petitioner's
mtd Special Magistrate, having heard
&VV s IFindinas of Fact and Order of the
1. On June 7, 2013, Respondent was, found guilty of violati6n4ef Collier County Land Development
Code 04-41, as amended, Sebtie�' .I , 106(B)(jor pe mit I998100337 for a shed in the rear
yard that has expired without o6'tainmge G tftbt�e oompletion which violation occurred on
the property located at 1391 136 Ave`n , FL Folio ;x46570440002 (Legal Description:
GORDON RIVER HOMES W 54FT OF LOT 12 + E l OFT OF LOT 13 OR 461 PG 536).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 7, 2013, 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 4937,
PG 120).
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 2010 -04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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*° OR 4955 PG 493* 9/8/2015 16.A.23.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 26 days for the period from
July 8, 2013 to August 2, 2013, for a total amount of fines of $2,600.00.
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 $2,712.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of $100.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Invest
t t
DONE AND ORDERED thi d W , 2013 at C,ollicr County, Florida.
iC,,ULLffER 001QN, 'TV -CODE ENFORCEMENT'
E1^'I;AL MAG1STRATE
C.
PA"IENT 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 Iimited 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.
61a *C- or ru iwa
County of COLLIER
cc: Respondent -Jerry Delashment Et Ux
Collier Co. Code Enforcement Dept. 1 HER -EBY CERTIFY THAT this is a tru0nl!'.�-;-,; �.
correct copy of a document on file in
Board Minutes and Records of Collier;;ouryl '
WITIN SS my hand and officia! seal this
11GHT E. BROCK,,CLERK OF COURTS
C.
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INSTR 4903547 OR 4976 PG 911 RECORDED 10/18/2013 8:18 AM PAGES 2 9/8/2015 16.A.23.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20I30003856
BOARD OF COUNTY COMAIISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JERRY DELASHMENT ET UX,
Respondent.
�1�1 j3i! F�^�.,�..• �7,
THIS CAUSE carne bc%re'i1fe*cciaLMae stiatte for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens-� 0 + °'„�5� Speiat Magistrate, having heard
argument respective to all aRproTSriate n4 E cr�s, here pq s� tes iund�rags of Fact and Order of the
Special Magistrate, as follows:
FTNT)TNGS OFFACTa'
1. On June 7, 2013, Resporid;W,,vgs found guilty of violation of dllier County Code of Laws and
Ordinances, Chapter 22, Ait c- ,.Section 22- 231 or a shed with broken windows, and
a screen enclosure missing a door; wh�ciX'vieiati �c�ctttn_iecion the property located at 1391 13a
Avenue N, Naples, FL Folio #465764kd`{8I2 ` Od6ription: GORDON RIVER HOMES W
54FT OF LOT I2 + E l OFT OF LOT 13 O 461 PG 536).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 14, 2013, 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 4937,
PG 139).
3. Operational costs of S112.29 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- hcaring or Appeal pursuant to Ordinance 2010 -04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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I * ** OR 4976 PG 912 * **
9/8/2015 16.A.23.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED:
A. Petitioner's Motion for imposition of FinestLiens is grunted.
B. Daily fines of S250.00 per day are assessed against Respondent for 112 days for the period from
Ame 15, 2013 to October 4, 2013, for a total amount of fines of 528,000.00.
C. Respondent shall pay the previously assessed operational costs of $112.29.
D. Respondent shall pay the boarding costs incurred by the county in the amount of 51,608.53.
E. Respondent is ordered to pay fines and costs in the total amount of S29.720.9 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
F. The daily fine of 5250.00 shall Contin�%���t�titruatratement has been confirmed by a Collier
County Code Enforcement jdi ttor.
j 1J
------------
DONE AND ORDERED thi #•-da3 of-
Collier County, Florida.
£R C16LIN T,Tr :CODE ENFORCEMENT
SPECIAI-MAGISTR tE
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.
State o, Norma
County of COLLIER
cc: Respondent Jerry Delashment Et Ux
Collier Co. Code Enforcement Dept. I HEREBY C;:4T1Fvy' f 4TU tit.is a true and
correct copea•d' -iir b4M- f it e.in
Board Kgf g e tz bf Collier county
41jiTtdESS m }' hand end oal. �;8f t is
Igt . .o
DWIGHT: �BR?CK; CLERK G� 00URTS
D.C.
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