Agenda 11/10/2015 Item #16A21 11/10/2015 16.A.21 .
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$91,809.89 for payment of $2,259.89, in the code enforcement action entitled Board of County
Commissioners v. Morad Bahrami, Code Enforcement Special Magistrate Case No.
CEPM20110002763, relating to property located at 841 Bluebird Street, 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$91,809.89, for payment of$2,259.89, in relation
to Code Enforcement Special Magistrate Case No. CEPM20110002763.
CONSIDERATIONS: As a result of various code violations at 841 Bluebird Street, consisting
of black mold on the exterior of the home and torn screens on the lanai, the Code Enforcement
Special Magistrate ordered the imposition of a lien against Morad Bahrami, in Case No.
CEPM201 10002763. The lien was recorded in the Official Records on July 20, 2012, at O.R.
Book 4818, Page 3947, and it encumbers all real and personal property owned by Morad
Bahrami. The lien amount of$91,809.89 is based on 360 days of accrued fines ($250 per day
from May 11, 2011 through May 4, 2012) plus $112.56 in operational costs and $1,697.33 in
abatement costs. The property was brought into compliance on May 4, 2012.
Following a foreclosure eliminating the County's liens, (Case No. 2012-CA-3512), the property
was acquired by Bluebird Trust, via a certificate of title which was recorded September 3, 2014.
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 $2,259.89. The
owner is requesting a waiver of$89,550 in accrued fines.
FISCAL IMPACT: Payment of$2,259.89 has been made, representing $450 in fines, $112.56
in operational costs and $1,697.33 in abatement costs. If approved by the Board, accrued fines in
the amount of$89,550 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 $89,550, accept
payment amount of$2,259.89, release the lien, and authorize the Chairman to sign the attached
release and satisfaction of lien for recording in the Official Public Records.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien
2)Lien Order
[1 5-CED-01064/1215746/1]
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11/10/2015 16.A.21 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$91,809.89 for payment of$2,259.89, in the code enforcement action
entitled Board of County Commissioners v. Morad Bahrami, Code Enforcement Special
Magistrate Case No. CEPM20110002763, relating to property located at 841 Bluebird Street,
Collier County, Florida.
Meeting Date: 11/10/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/14/2015 11:55:40 AM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 10/14/2015 12:09:05 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/16/2015 3:31:53 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/16/2015 3:32:42 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/19/2015 8:30:16 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 10/19/2015 10:05:34 AM
Name: KlatzkowJeff
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11/10/2015 16.A.21.
Title: County Attorney,
Date: 10/19/2015 2:16:57 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 10/23/2015 9:01:40 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/28/2015 2:27:47 PM
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11/10/2015 16.A.21 .
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
COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
OF CO C 9
personal property owned by:
Morad Bahrami,
Respondent
The lien was recorded on July 20, 2012, in Official Records Book 4818, Page 3947, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of ninety-
one thousand eight hundred nine dollars and eighty-nine cents ($91,809.89), 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
CEPM20110002763
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INSTR 4720114 OR 4818 PG 3947 RECORDED 7/20/2012 3:57 PM PAGES 2 11/10/2015 16.A.21.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM201 10002763
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MORAD BAHRAMI,
Respondent. _,...-
N
ORDER'OF-T-IE-SPECIAL MAGISTRATE
/ / INIPOSING-.FINES/LIENS'\ \
i
THIS CAUSE came;before hey' p ci41 Ihgatratekfforjptibliel hearing upon the Petitioner's
Motion for Imposition of Fine�C� s hn ji i 0)2 and the Sp eial Magistrate,having heard argument
respective to all appropriate matte e euu`son'issuerlts Fttrtting ' (,'Fact and Order of the Special
Magistrate,as follows:
.rN ,. •
\FINDINGS OF FACT/..
On May 3,2011,Respondent ii as fou-'d ut zy oia1ion of Collier County Code of Laws and
Ordinances,Chapter 22,Buildings iid- 11 dlii�egulations,Article VI,Property Maintenance
Code,Section 22-231(12)(m),and Section 22-131 (12)(1)for black mold on the exterior of the
home and torn screens on the lanai,which violation occurred on the property located at 841
Bluebird Street,Naples,FL Folio#32454040007(Legal Description: FLAMINGO EST BLK E
LOT 22).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 10,2011,or a fine of S250.00 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 4681,
PG 2197).
3. Operational costs of SI 12.56 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.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
6. The violation has been abated as of May 4,2012.
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*** OR 4818 PG 3948 *¢* 11/10/2015 16.A.21.
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 S250.00 per day are assessed against Respondent for 360 days for the period from
May 11,2011 to May 4,2012, for a total amount of fines of$90,000.00.
C. Respondent shall pay the previously assessed operational costs of$1 12.56.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of 51,697.33.
E. Respondent is ordered to pay fines and costs in the total amount of S91,809.89 or be subject to
Notice of Assessment of Lien against,a ropertiesowned by Respondent in Collier County,
Florida. • t c oL
DONE AND ORDERED this/ M da3'of, U T " 2012.at Collier County,Florida.
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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.
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cc: Respondent—Morad Bahrami 'aunty Of COI.!1tH
Collier Co.Code Enforcement Dept. ,0.1TV wr.
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