Agenda 11/10/2015 Item #16A20 11/10/2015 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$189,862.82 for payment of $897.50, in the code enforcement action entitled Board of County
Commissioners v. Zack Moen and Gretchen Moen, Code Enforcement Special Magistrate Case No.
CEPM20090007445, relating to property located at 4645 13th Avenue SW, Collier County, and
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$189,862.82, for payment of $897.50, in relation
to Code Enforcement Special Magistrate Case No. CEPM20090007445.
CONSIDERATIONS: As a result of a code violation at 4645 13th Avenue SW, which consisted
of fire damage to the left rear area of the home, the Code Enforcement Special Magistrate
ordered the imposition of a lien against Zack Moen and Gretchen Moen, in Case No.
CEPM20090007445. The lien was recorded in the Official Records on August 14, 2013, at O.R.
Book 4955, Page 490, and it encumbers all real and personal property owned by Zack Moen and
Gretchen Moen. The lien amount of $189,862.82 is based on 759 days of accrued fines ($250
per day from July 7, 2013 through August 4, 2015), plus $112.82 in operational costs. The
property was brought into compliance on August 4, 2015.
The property was acquired by MBLS, LLC., via warranty deed on July 28, 2014. The home on
this property was extensively damaged by a fire in 2009. The new owners worked diligently to
get this property into compliance, expending approximately $140,000, as indicated by the
attached hardship letter.
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 $897.50. The
owner is requesting a waiver of$188,965.32 in accrued fines.
FISCAL IMPACT: Payment of $897.50 has been made, representing $784.68 in fines and
$112.82 in operational costs. If approved by the Board, accrued fines in the amount of
$188,965.32 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 waive the fines in the amount of$188,965.32, accept
settlement payment amount of$897.50, release the lien, and authorize the Chairman to sign the
attached release and satisfaction of lien for recording in the Official Public Records.
[15-CED-01 063/1 2 1 50 1 3/1]
Packet Page-646-
-nom _
11/10/2015 16.A.20.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
I) Release and Satisfaction of Lien
2) Lien Order
3)Hardship letter
[1 5-CED-01 063/1 2 1 50 1 3/11
Packet Page-647-
11/10/2015 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$189,862.82 for payment of$897.50, in the code enforcement action
entitled Board of County Commissioners v. Zack Moen and Gretchen Moen, Code Enforcement
Special Magistrate Case No. CEPM20090007445, relating to property located at 4645 13th
Avenue SW, Collier County, and Florida.
Meeting Date: 11/10/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
10/8/2015 3:05:51 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 10/13/2015 4:30:42 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/16/2015 3:20:33 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/16/2015 3:21:15 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/19/2015 8:29:20 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 10/19/2015 10:10:04 AM
Name: KlatzkowJeff
Packet Page-648-
11/10/2015 16.A.20.
Title: County Attorney,
Date: 10/19/2015 2:17:12 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 10/23/2015 9:28:03 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/28/2015 2:29:33 PM
Packet Page-649-
11/10/2015 16.A.20.
This Instrument Prepared By:
Marlene Serrano
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:
Zack Moen and Gretchen Moen,
Respondents
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 490, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand eight hundred sixty-two dollars and eighty-two cents ($6,862.82), 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: By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20090007445
Packet Page-650-
INSTR 4878122 OR 4955 PG 490 RECORDED 8/14/2013 11:32 AM PAGES 2 11/10/2015 16.A.20.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20090007445
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ZACK MOEN AND GRETCHEN MOEN,
Respondents.
R C5
ORDER : •E SPECIA ■ • TRATE
1--IMPOSING FINES/LIB '\
/,
THIS CAUSE came befo '. th ial agistr�te for public hearing upon the Petitioner's
Motion for Imposition of Fii es/1,ii- xsy;,,,y` „, 4d5t Special Magistrate, having heard
argument respective to all app' ro is m� tte s,}he :4 p sslie\T4ts;Findings of Fact and Order of the
Special Magistrate,as follows,-. , `� .,j
I
.., FINDINGS OF hACT/ / j:/■
1. On June 3,2011,Responden1�t_�y��as�found guilty of violationb `Collier County Property
Maintenance Code 2004-58,\ for theleft-rOtscaPrfer of the property that was burned in
a house fire,which violation oc'eiurred'c h pFC 3�y`,i aced at 4645 13"'Avenue SW,Naples,
FL Folio#37923600000(Legal DescrZption:G L'DEN GATE EST UNIT 26 W 75FT OF I K
37).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 3,2012,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 4694,
PG 410), On July 6,2012,an Order was entered by the Special Magistrate granting an Extension
of Time to Comply(A copy of the Order is recorded at OR 4819 PG 50).
3. Operational costs of$112.82 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.
Packet Page-651-
*** OR 4955 PG 491 *** 11/10/2015 16.A.20.
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$250.00 per day are assessed against Respondent for 27 days for the period from
July 7,2013 to August 2,2013,for a total amount of fines of$6,750.00.
C. Respondent shall pay the previously assessed operational costs of 5112.82.
D. Respondent is ordered to pay fines and costs in the total amount of 56,862.82 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of$250.00 shall continu c rl abatement has been confirmed by a Collier
County Code Enforcement Inv t + \
DONE AND ORDERED this,'/f j,i. r s a! 2 t Collier County,Florida.
l ! 1 ': 1 !
� ""COtL1 R Ct�TPN3k-CODE ENFORCEMENT
��. SPECL i,,M.AGLS TE
( � /
t ' 'DAC. GA° : SIN
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 4
(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.
:ate 01 Honda
County of COLLIER
cc: Respondent—Zack Moen and Gretchen Moen ,
TERTIF�-THAT this is a true`and
Collier Co.Code Enforcement Dept. correct copy of a document on file in,`' .''
Board Minutes and Records of Cotiiej Cojnty,
w lig SS my hard and official seat •
( day of aO
o
(� D HT E.BROCK,CLERK OF COURTS; ; _ '•
Packet Page-652- ' ���t� —D•C.
11/10/2015 16.A.20.
August 12, 2015
Atth:Jeff Wright
RE: 4645 13th Ave SW
Dear Jeff,
This property was purchased by my company July 2014. The property was in great disrepair as
it had significant fire damage and had been abandoned by the previous Owners as they had
moved out state seeking work and a new life. I have attached a link to the news article
regarding the fire.
http://www.naplesnews.com/news/2009/may/02/talk-about-bad-luck-lost-iob-two-fires-Ieave-
estat/
The couple had also left owing a couple of years taxes that I paid at the closing to bring the
property current. Since the property was abandoned, I inherited many code violations that had
been placed on the property due to its condition.
We immediately went to work and had an Architect submit plans to restore the home to a
renovated and liveable house. We also started maintaining the property to improve the look of
the neighborhood.
We finished approximately 80% of the renovations when we experienced trouble with our
Contractor and he walked off the job site. We were able to get another Contractor, complete
the work at an additional expense to the bottom line.
Today,the home is basically a brand new home. Our renovation budget was $140,000 and
included all the mechanicals— HVAC, Well, plumbing, electrical. It also included everything on
the interior from the slab up including new trusses and roof. I have attached a couple of before
and after photos to show the amazing progress.
We would love to request that the fines totaling $6,750 be waived.
Thank you for your consideration.
Sincerely,
LaDonna Smith, MBLS Ventures, LLC
LaDonna@LiveNaples.com
Packet Page -653-
11/10/2015 16.A.20.
Summary of renovation costs for 4645 13th Ave SW
* Framing
* Complete re-wiring of electrical
* Trusses
* Sub roof material
* Roof shingles
* Drywall
* Stucco for exterior
* Interior and exterior paint
* Wood laminate and sub flooring
* Bath wall and floor tile
* backsplash
* Bath and kitchen plumbing
* Well equipment
• HVAC and new interior duct work
* Exterior concrete pad
* Gravel
* Cabinetry—kitchen and bath
* Granite countertops including sinks
* Light fixtures
* Appliances
* Toilets
* Doors and casing
* baseboards
* glass shower door
* tubs
* mirrors
* ceiling fans
* dumpster
Plus
Packet Page -654-
11/10/2015 16.A.20.
* Architect
* General Contractor
* Sub contractors—plumbing, electrical, drywall, painters, general handyman, HVAC,
* Pest Control
* Lawn maintenance
Misc.
* Permits
* Landfill
Packet Page-655-