Agenda 04/22/2014 Item #16A12 4/22/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$102,212.38,for payment of
$1,662.38, in the Code Enforcement action entitled Board of County Commissioners v. China
Pavilion,Inc.,Special Magistrate Case No.CEPM20120008709, relating to property located at 5325
Coronado Parkway,Collier County,Florida.
OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release a code
enforcement lien with an accrued value of$102,212.38 for payment of$1,662.38, in relation to Code
Enforcement Case No.CEPM20120008709.
CONSIDERATIONS: As a result of a code violation at 5325 Coronado Parkway, the Special
Magistrate ordered the imposition of a lien against China Pavilion,Inc., in Case No. CEPM20120008709.
This lien was recorded in the Official Public Records, April 23, 2013, at O.R. Book 4912,Page 129, and
it encumbers all property owned by China Pavilion, Inc. The lien amount of$102,212.38 is based on
accrued of fines of$101,000 (404 days at $250 per day, from December 3, 2012 through January 10,
2014), plus $1,100 in County abatement costs and $112.38 in operational costs. The violation consisted
of damaged windows and an unsecured rear sliding door. The violation was abated by the County on
January 10, 2014 at the cost of $1,100.00. Following a foreclosure (Case No. 2011-CA-002796), a
Certificate of Title was recorded on September 10,2013 in favor of PFPI,LLC.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered where a code
enforcement lien encumbers property that is under new ownership, fines accrued prior to transfer of title,
and compliance has been achieved. In this case,the violation was abated by the County. The property is
in compliance and the new owner has paid $1,662.38, which reflects $1,100.00 in County abatement
costs, $112.38 in operational costs, and $450.00 in fines. PFPI, LLC is requesting a waiver of
$100,550.00 in accrued fines.
FISCAL IMPACT: Payment of the $1,662.38 has been paid, representing the County's hard costs
($1,100.00 in abatement costs and$112.38 in operational costs)and a fine of$450.00. If approved by the
Board,accrued fines in the amount of$100,500.00 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$100,500.00, accept payment
of$1,662.38,release the lien,and authorize the Chairman to sign the attached release.
•
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,
Planning and Regulation.
Attachment: 1)Release and satisfaction of lien
2)Order imposing the lien
Packet Page-308-
4/22/2014 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$102,212.38,for payment of$1,662.38, in the Code Enforcement action entitled Board of
County Commissioners v. China Pavilion, Inc., Special Magistrate Case No. CEPM20120008709,
relating to property located at 5325 Coronado Parkway, Collier County, Florida.
Meeting Date: 4/22/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
3/31/2014 9:15:55 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 3/31/2014 10:43:3 5 AM
Name: WrightJeff
Title:Director-Code Enforcement,Code Enforcement
Date: 3/31/2014 11:00:08 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/31/2014 2:01:59 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/8/2014 3:04:24 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/8/2014 5:31:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page-309-
4/22/2014 16.A.12.
Date: 4/9/2014 11:29:30 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/9/2014 1:49:59 PM
Packet Page-310-
4/22/2014 16.A.12.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
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:
China Pavilion, Inc.
Respondent
The lien was recorded on April 23, 2013, in Official Records Book 4912, Page 129, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of thirty-two thousand two hundred twelve dollars and thirty-eight cents
($32,212.38), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Packet Page-311-
4/22/2014 16.A.12.
INSTR 4829445 OR 4912 PG 129 RECORDED 4/23/2013 6:09 PM PAGES 3
DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120008709
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
CHINA PAVILION INC.,
Respondent.
ORDE ' �S` C IRATE
` OSING FINES/LI
THIS CAUSE came before th `. ial agistraate for public hearing upon the Petitioner's
Motion for Imposition of Firies/Ili • 1 Special Magistrate, having heard
argument respective to all appro. at .. 1s, e e s Findings of Fact and Order of the
Special Magistrate,as follows t j`
-,' FINDINGS OFCT! Jti,�
\,N\\ / /.O .,
1. On November 2,2012, ' i.n• t was found guilty OrA.diatien of Collier County Code of Laws
and Ordinances,Chapter 22, : :n. and Buildi• ations,Article VI,Property
Maintenance Code,Sections 2 tlt> fi • ,• t -242 for damaged windows and
unsecured rear sliding door,which vi• : r.. : on the property located at 5325 Coronado
Parkway,Naples,FL Folio#36308320003(Legal Description:GOLDEN GATE UNIT 6 BLK
191 LOT 20 OR 1530 PG 2190 OR 1580 PG 2235).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 2,2012,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 4855,PG 2801).
3. Operational costs of S112.38 incurred by the County in the prosecution of this case have not been
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-312-
4/22/2014 16.A.12.
OR 4912 PG 130
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 124 days for the period from
December 3,2012 to April 5,2013.for a total amount of fines of 531,000.00.
C. Respondent shall pay the previously assessed operational costs of 5112.38.
D. Respondent shall pay the boarding costs incurred by the county in the amount of 51,100.00.
E. Respondent is ordered to pay fines and costs in the total amount of$32,2I238 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
F. The daily fine of S250.00 shalrillirjaununtillajoitement has been confirmed by a Collier
County Code Enforcemenytrtyeftigator. \.
DONE AND ORDERED this lik'l-r-l'-aYbf 1 �A�i sr • at Collier County,Florida.
_ .
•
.�' COLLI COUI CODE ENFORCEMENT
SPEC �4I419X )XATE
NDA C.G SON
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—China Pavilion Inc.
Collier Co.Code Enforcement Dept.
Packet Page-313-