Agenda 05/13/2014 Item #16A10 5/13/2014 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve two releases of lien, the first with an accrued value of$91,312.29, for
payment of $562.29, in Code Enforcement Special Magistrate Case No. 2007-100659; and the
second with an accrued value of $53,780.57 for payment of $80.57, in Code Enforcement Board
Case No. CEVR20110016570, both of which cases are styled Board of County Commissioners v.
Lonny Moore, Trustee of the Morrison Living Trust, relating to property located at 120 7th Street
SW,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined accrued value of$145,092.86, for payment of$642.86,
in Special Magistrate Case No. 2007-100659 and Code Enforcement Board Case No.
CEVR20110016570.
CONSIDERATIONS: In Case No. 2007-100659, as a result of a code violation for litter
accumulation at 120 7"' Street SW, the Special Magistrate ordered the imposition of a lien
against Lonny Moore, Trustee of the Morrison Living Trust ("Respondent"). The lien was
recorded in the Official Public Records on February 23, 2011, at O.R. Book 4654, Page 2397,
and it encumbers all of the Respondent's real and personal property. The accrued lien value of
$91,312.29 is based on fines (912 days at $100 per day, from January 4, 2011 through July 3,
2013),plus operational costs of$112.29.
In Case No. CEVR20110016570, as a result of a code violation for exotic vegetation, the Code
Enforcement Board ordered the imposition of a lien against Respondent. The lien was recorded
in the Official Public Records on June 13, 2012, at O.R. Book 4806, Page 3216, and it
encumbers all of the Respondent's real and personal property. The accrued lien value of
$53,780.57 is based on fines (537 days at $100 per day, from April 22, 2012 through October 10,
2013), plus operational costs of$80.57.
Following a foreclosure (Case No. 2008-CA-8310), a Certificate of Title was recorded on May 7,
2013 in favor of Federal National Mortgage Association ("FNMA"). The County's lien was
recorded after the lis pendens, making it unenforceable as to 120 7th Street SW. As a result of
proactive communications between the Code Enforcement Department and the new bank owner,
the litter violation was brought into compliance by FNMA on July 3, 2013 (Case No. 2007-
100659), and the exotic vegetation violation was brought into compliance by FNMA on October
10, 2013 (Case No. CEVR20110016570). On November 12, 2013, FNMA conveyed the
property to its current owner, Mansolillo Ira, LLC, who is requesting a waiver of the accrued
fines.
Pursuant to Resolution No. 2012-46, a request for waiver of fines would be considered when 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 prior to
the new owner taking title. The property is in compliance, is being actively maintained, and an
amount of $642.86 has been paid by the new owner. This amount represents $112.29 in
operational costs and $450.00 in fines in Case No. 2007-100659; and $80.57 in operational costs
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5/13/2014 16.A.10.
in Case No. CEVR20110016570. Between the two cases, the current property owner is
requesting a waiver of$144,450.00 in accrued fines.
FISCAL IMPACT: Payment of $642.86 has been paid, representing $112.29 in operational
costs and $450.00 in fines in Case No. 2007-100659; and $80.57 in operational costs in Case No.
CEVR2011 0016570. If approved by the Board, accrued fines in the amount of $144,450.00
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 accrued fines of$144,450.00, accept payment
of$642.86, and authorize the Chairman to sign the attached lien releases.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: 1)Releases and satisfaction of liens
2) Lien orders
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5/13/2014 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve two releases of lien,the first with an
accrued value of$91,312.29, for payment of$562.29, in Code Enforcement Special Magistrate
Case No. 2007-100659; and the second with an accrued value of$53,780.57 for payment of
$80.57, in Code Enforcement Board Case No. CEVR20110016570, both of which cases are styled
Board of County Commissioners v. Lonny Moore,Trustee of the Morrison Living Trust, relating
to property located at 120 7th Street SW, Collier County, Florida.
Meeting Date: 5/13/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
4/15/2014 12:21:56 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 4/15/2014 2:04:35 PM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 4/15/2014 2:44:44 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/23/2014 7:49:49 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/30/2014 4:37:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/1/2014 8:32:20 AM
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5/13/2014 16.A.10.
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date: 5/1/2014 9:46:40 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/1/2014 10:52:29 AM
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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:
Lonny Moore Tr., Est., Morrison Living Trust
Respondent
The lien was recorded on February 23, 2011, in Official Records Book 4654, Page
2397, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of three thousand three hundred twelve dollars and twenty-nine cents
($3,312.29), 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: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
✓/
Kevin Noell
Assistant County Attorney
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•
5/13/2014 16.A.10.
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:
Lonny Moore Tr., Est., Morrison Living Trust
Respondent
The lien was recorded on June 13, 2012, in Official Records Book 4806, Page 3216, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of three thousand three hundred eighty dollars and fifty-seven cents ($3,380.57),
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 Noel(
Assistant County Attorney
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INSTR 4528982 OR 4654 PG 2397 RECORDED 2/23/2011 11:36 AM PAGES 2 5/13/2014 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—2007-100659
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
LONNY MOORE TR,MORRISON LIVING
TRUST,
Respondents.
ORDER-OF'THE SPECIAL MAGISTRATE
/ ,IMPOSING FINES/LIENS/ /, —
THIS CAUSE came befo .,,S diai;,�l•' i st tc—f?r pIiblic\\`hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on epprt r�y}jy 11, 11, and//he Special Magistrate, having heard
argument respective to all approptiat mattets, lier'epp',n issa;es tits Findings of Fact and Order of the
Special Magistrate,as follows:,
\ FINDINGS OF ACT
1. On December 3,2010,Responder 3s..found guilty of-vi 1ation of Collier County Ordinance 2005-
44, Sections 6,7 and 8 for accumulatiotrof litter,whteh v u a'tiQn occurred on the property located at 120
7th St.SW,Naples,FL,Folio#371614400051
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before January 3, 2011, 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 4635,PG 828).
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-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
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*** OR 4654 PG 2398 *** 5/13/2014 16.A.10.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of 5100.00 per day are assessed against Respondent for 32 days for the period from
January 4,2011 to February 4,2011 for a total amount of fines of$3,200.00.
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$3,312.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents 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 Investigator.
DONE AND ORDERED this 41/1 day of b ill 2011 at Collier County,Florida.
L-;,/
— COLLIER COUNTY',CODE ENFORCEMENT
' ' ' -- P C A MAGISTRAT
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PAYMENT OF FINES: Any fines trdertd tp;be �'i#iirsutnt to this order may be paid at the Collier
County Code Enforcement Department,2b0t��"lorIIfi Drive,Naples,FL 34104, fax#(239)252-
2_43. 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 RIGHTS: 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(s)–Lonny Moore Tr,Morrison Living Trust
Collier Co.Code Enforcement Dept.
r.alit o: • v:ntun
',aunty of COLLith
i i,"cREPY GERTI '' 'KAT thl5 is a true ants
:o i'C1 coot'-oi coCumani.an file in
3 c,�r.j Nit tntrz s an fterorasof Cotner County
;11'r'4"E, ■ pang and-official seal this
l a"-ay:of, 'd-tlr-vtti 7.}2 /(
"WIGHT E.:'eRo Ct_ERt .OF COURTS
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INSTR 4705508 OR 4806 PG 3216 RECORDED 6/13/2012 8:37 AM PAGES 2 5/13/2014 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEVR20110016570
vs.
LONNY MOORE TR.,EST.,MORRISON
LIVING TRUST,
Respondent
ORDER II Pelitl otiF17uEN
THIS CAUSE came on for pubUC:If4titg-before the Boar'tf-or4ainh 22,2012,after due notice to
Respondent at which time the Board hear&Lsgstimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued—its—oral—Order which was reduced‘to writing on April 4,2012,and
furnished to Respondent and was recordod in the Public cora 'bf#Collier County,Florida at OR 4784,PG 1839,
et.seq.on April 11,2012. - �'
I �`'1 771i
An Affidavit of Non-Conipliaice laas been f ill with the-1404 the Code Enforcement Official on May
4,2012,which Affidavit certified tinder oan.'11:kezegtnrpclOarrectisie a' io 7ta snot been taken as ordered.
Accordingly,it having been`b(otight to the Board's atten`fipn that Rendent has not complied with the
Order dated April 4,2012,it is hereby 1, /-`7s
'1;' / c �r
ORDERED,that the Respondent!,I,.oitnx Moore TR,Est.,Morrison:Living Trust,pay to Collier County
fines in the amount of$3,300(Order lteni -4(2)).ba.rate of S100ki0}t`fo3-lthe period of April 22,2012 through
May 24,2012(33 days),plus operational costs-oft 130M;for it—tk al 91:$73 380.57.
IT IS FURTHER ORDERED that the fines and operational costs 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.
St
DONE AND ORDERED this 1 day of k ,2012 at Collier County,Florida.
CODE ENFORCEMENT BOARD
CO • `JNTY,FLO• DA
siatn a< c :kIf3A
;Durt.y of COLLIER B �/ •"
t /��•• '``'• le .ee . au m. ,C air
I HEREBY CERTIFY THAT tftta�t a'frutttalrid .'h 2800 milt :,_ oe Drive
:orrect copy of a Document oTt.tlie lit ' `r -• Naples, _• X4104
Board Minutes and ReeorcS Ot•Collier Ciao f. �;=.
Nts�ESS rnv hana ono otficiat seal this . .
dayof �t-u`C23-ot
OWtG E. BROCK,CLERK Otr":0
. • .
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*** OR 4806 PG 3217 *** 5/13/2014 16.A.10.
STATE OF FLORIDA )
)SS: •
COUNTY OF COLLIER)
T
The foregoing instrument was acknowledged before me this \S day of
2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier ounty,Florida,who is
personally known to me or - who has produced a Florida Driver's License as identification.
KRISTINE TWENTE A• . A
;'c Notary Public-State of Florida NOTARY PUBLIC
• :•`My Comm.Expires Jun 18.2015 My commission expires:
'O
�,:`o� Commission*EE 57272
Bonded Through National votary Assn. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correc1-4 o this.QRDER has been sent byrrU.S.Mail to Lonny
Moore TR.Est.,Morrison Living Trust,391 ,,Str 4 t,�-1 eP .FL.34117 this ' day of_= J
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