Agenda 10/27/2015 Item #16A 8 10/27/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$231,800 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Kimberly M. Fry, Code Enforcement Board Case No. CESD20110003169,
relating to property located at 6025 English Oaks Lane, 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 $231,800, for payment of $450, in relation to
Code Enforcement Board Case No. CESD20110003169.
CONSIDERATIONS: As a result of code violations at 6025 English Oaks Ln., which consisted
of the conversion of the downstairs utility room into a living space and an addition of a room on
the upstairs deck without first obtaining the required Collier County permits, the Code
Enforcement Board ordered the imposition of a lien against Kimberly M. Fry, in Case No.
CESD20110003169. The lien was recorded in the Official Records on August 10, 2012, at O.R.
Book 4825, Page 835, and it encumbers all real and personal property owned by Kimberly M.
Fry. The lien amount of$231,800 is based on 1,159 days of accrued fines ($200 per day from
June 23, 2012 through August 25, 2015). The property was brought into compliance on August
25, 2015.
The property was acquired by James H. and Lisha M. Middendorf via warranty deed on August
4, 2015. The new owners worked diligently to get the property into compliance and
accomplished this within the 30 days grace period.
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. The property is being actively maintained and the owner has paid $450. The owner is
requesting a waiver of$231,350 in accrued fines.
FISCAL IMPACT: Payment of $450 has been made and if approved by the Board, accrued
fines in the amount of$231,350 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$231,350, accept settlement payment amount of$450, release the lien, and authorizes
the Chairman to sign the attached release and satisfaction of lien for recording in the Official
Public Records.
[15-CED-01 061/1 2 1 1 1 44/1]
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10/27/2015 16.A.8.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
[15-CED-01 06 1/1 2 1 1 1 44/11
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10/27/2015 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 a code enforcement lien with
an accrued value of$231,800 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Kimberly M. Fry, Code Enforcement Board Case No.
CESD20110003169, relating to property located at 6025 English Oaks Ln., Collier County,
Florida.
Meeting Date: 10/27/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
9/24/2015 11:13:17 AM
Approved By
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations, Growth Management Department
Date: 9/24/2015 1:12:01 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/25/2015 1:44:42 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/25/2015 1:45:06 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 9/25/2015 3:59:00 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/28/2015 12:26:26 PM
Name: KlatzkowJeff
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10/27/2015 16.A.8.
Title: County Attorney,
Date: 9/28/2015 1:09:40 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 10/12/2015 10:05:34 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/13/2015 2:43:43 PM
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10/27/2015 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:
Kimberly M. Fry,
Respondent
The lien was recorded on August 10, 2012, in Official Records Book 4825, Page 835, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand eight hundred dollars and zero cents ($6,800), 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 Noell
Assistant County Attorney
CESD20110003169
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INSTR 4727291 OR 4825 PG 835 RECORDED 8/10/2012 10:56 AM PAGES 2 10/27/2015 16.A.8.
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, CESD20I 1 0003169
vs.
KIMBERLY M.FRY,
Respondent
ORDER IMPOSiJV&-F.NNE/LIEN
THIS CAUSE came on for public tetri"z?g fore—th n.June 23,2011,after due notice to
Respondent at which time the Board he (e'3ony under oath,receive evidence,and issued its Findings of Fact
and Conclusions of Law and thereupoF�'issued its oral Order which was r duced to writing on June 27,2011 and
furnished to Respondent and was recdrdedin:the-Public Records ofCoUier1Courity,Florida at OR 4698,PG 1356
on July 6,201 1 and furnished to Res�ppondent.I4t'-Qrde r��QQvered the real pro erty,located at 6025 English Oaks
Lane,Naples,Florida,Folio 41883,680044,.iiorc pagt'i\Iaz�deseci East 75 feet of the West 150 feet of
Tract 61,GOLDEN GATE ESTATES,f f� n t 1 d.t 96 accoilii ,t�t 4e lie��e
reof,is recorded in Plat Book 7,Page
94 of the Public Records of Collier County,Flortda4 ; { I
An Affidavit of Non-Con jjattceiias-beef filed Bow the. 'ode Enforcement Official on July
17,2012,which Affidavit certified under,oath that the required ctirrectiJe acfiod has not been taken as ordered.
Accordingly,it havine been\bt'ought to the Board's attention that cspdndent has not complied with the
Order dated June 27,2011,it is hereby' r" '
� r ��
ORDERED,that the Respondent kt1uibe]s'N..Ery,pay-lbG.0 County fines in the amount of S6,800.00
(Order Item I and 2)for the period of June 23,"20;12rt itloag.Ts 1v-26,2012(34 days)at$200 per day. The
operational costs have been paid.
IT IS FURTHER ORDERED that the fines 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 162.09 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 andJor any other real or personal property owned by Respondent.
DONE AND ORDERED this s' day of (L ,2012 at Collier County,Florida.
Jta!r O: c v.rciiaA CODE ENFORCEMENT BOARD
;aunty of COLL1tF! COL F' COUNTY,FLORIDA
I HEREBY CERTIFY••TAT,thts Is a true and -1 .�-
:orrecL co y.Ot a ooYUTnEttf on Me In *am.-
Board Minote."s"and R p'►a -ot Coiner county
2800' Kaufrj{an, chair
2800\No ars-shoe Drive
J+riTP4 $, "m4.;tian0 and—e fC 3i aco!fhl$ N for... 34104
Z WI E BROLK,.put(OF coin
'14 10410
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*** OR 4825 PG 836 ***
10/27/2015 16.A.8.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) ,
The foregoing instrument was acknowledged d
owledged before me this( day oft�Ll.L.✓Z ,2012,by Robert
Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is ,- personally known to
me or who has produced a Florida Driver's License as identification.
KRISIINE TWENIE
,r k :c*, d:Ey 7lk,'ff.,..,,Qt/ 8.,,,,,d In,m.lb.Naltoral Notary Asso.
Commssion+ EE NOTARY PUBLIC
My commission expires:
CERT-tth ATT 5j$ RyICE
/"-•;. \-,1 r t1 ;
I HEREBY CERTIFY that a true�atld,cotrect copy-of-this'
opy o.tthis-C B has been sent by U.S.Mail to
Kimberly M.Fry,6025 English Oaks.l:a�ie,.Naples,FL 34119 this ,,I 'day of r ...-I,,, ,2012.
i; rr ,�_._._�.._j—t \� `�� J
f j -. '` 4
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I (�<-(�j } '\ 1 1..M,IJaun t': 'son Esq.
1� i r t, l t i ;fori Bar NO.75Q311
----2 `\--' i Atto ey-fbr t6 de Enforcement Board
68,1 Goodlede:R`:;Ste.210
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