Agenda 05/27/2014 Item #16A20 5/27/2014 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of S63,862.38 for payment of
S10,112.38, in the code enforcement action entitled Board of County Commissioners v. Federal
National Mortgage Association, Special Magistrate Case No. CEPM20130002731, relating to
property located at 116 Santa Clara Drive, Unit 5, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $63,862.38 for payment of $10,112.38, in
relation to Special Magistrate Case No. CEPM20130002731.
CONSIDERATIONS: As a result of a code violation at 116 Santa Clara Drive, Unit 5, for a
vacant unsecured structure with torn and missing screens, the appearance of mold and a
temporary front door that was not properly attached, the Special Magistrate ordered the
imposition of a lien against Federal National Mortgage Association, in Case No.
CEPM20130002731. The lien was recorded in the Official Public Records on December 10,
2013, at O.R. Book 4990, Page 2906, and it encumbers all real and personal property owned by
Federal National Mortgage Association. The lien amount of $63.862.38 is based on accrued
fines for Parts B and D (permitting and property maintenance) of the original order, as referenced
in the lien instrument (87 days at $500 per day, from May 11, 2013 through August 5, 2013,
totaling $43,500), and for order E (mold) of the original order (81 days at $250 per day from
May 11, 2013 through July 30, 2013, totaling $20,250), plus operational costs of $112.38. A
deed in lieu of Foreclosure was recorded on June 4, 2013 in favor of Federal National Mortgage
Association. The County abated the mold violation on July 30, 2013, and the new owner abated
the remaining violations on August 5, 2013.
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, fines accrued prior to
transfer of title, and compliance has been achieved. While it took over 30 days to abate the
violations, the nature of the violations and the property value (Appraiser records indicate a value
of $12.240) were considered. The property is in compliance and $10,112.38 has been paid to
settle this matter. which amount consists of $112.38 in operational costs, plus $10.000.00 in
settlement of the fines. Federal National Mortgage Association is requesting a waiver of
$53.750.00 in accrued fines.
FISCAL IMPACT: Payment of $10,112.38, representing $112.38 in operational costs and
$10.000.00 in fines, has been made. The County's mold abatement costs ($3,034.79) were
reimbursed to the County in December 2013. All hard costs have been recouped. If approved by
the Board, accrued fines in the amount of$53,750.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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5/27/2014 16.A.20.
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 waives accrued fines in the amount of $53,750.00,
accept payment of$10,112.38, and authorize the Chairman to sign the attached lien release for
recording.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: 1) Release and satisfaction of lien
2) Order imposing lien
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5/27/2014 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$63,862.38 for payment of$10,112.38, in the code enforcement action entitled Board of
County Commissioners v. Federal National Mortgage Association, Special Magistrate Case No.
CEPM20130002731, relating to property located at 116 Santa Clara Drive, Unit 5, Collier
County, Florida.
Meeting Date: 5/27/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
5/2/2014 2:12:06 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 5/5/2014 8:57:30 AM
Name: Puigiudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/5/2014 3:58:40 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/5/2014 4:39:22 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/12/2014 8:49:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 3:20:15 PM
Name: lsacksonMark
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5/27/2014 16.A.20.
Title: Director-Corp Financial and Mngmt Svs, Office of Management& Budget
Date: 5/15/2014 12:36:45 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/15/2014 2:58:54 PM
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5/27/2014 16.A.20.
This Instrument Prepared By:
Q II E. 1111.:"1,+
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:
Federal National Mortgage Association
Respondent
The lien was recorded on December 10, 2013, in Official Records Book 4990, Page
2906, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of sixty-six thousand eight hundred ninety-seven dollars and seventeen
cents ($66,897.17), 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 Noeil
Assistant County Attorney
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INSTR 4922143 OR 4990 PG 2906 RECORDED 12%10/2013 9:06 AM PAGES 2 5/27/2014 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.—CEPM20130002731
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
FEDERAL NATIONAL MORTGAGE ASSN,
Respondent.
1
ORDER OF THE-SPECIAL—MAGISTRATE
IMPOSING FINES/LIENS
THIS CAUSE came before the--Special—Maaistrate for 'public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens-on,-No.vember:: 5?-2013,-.and_the Special Magistrate, having heard
argument respective to all appropriate matters,`,hereupgn issues its'.Findings of Fact and Order of the
Special Magistrate,as followw-s: .1
FINDINGS OF FACT;
I. On May 3,2013,Respondent ssas found guilty of violation,of Collier County Code of Laws and
Ordinances,Chapter 22,.Article, 1;Section 22-231.(l2)(i),22-231 (12)(1),22-231 (12)(p),22-
231(19),22-242,and 22-243(2)(c)for a vacant unsecured structure with torn missing screens,
what appears to be mold,and temporary front_dOor not properly attached,sshich violation
occurred on the property located at 116 Santa Clara Drive, Unit 5,Naples, FL, Folio
446573000724(Legal Description:GRANADA LAKES VILLAS CONDOMINIUM BLDG
116-0S).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 10,2013,or a fine of 5250.00 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 4922,
• PG 6I0).
3. Operational costs of 5112.38 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 August 5,2013.
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*** OR 4990 PG 2907 **,, 5/27/2014 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. Part B of the Order:Daily fines of$250.00 per day are assessed against Respondent for 87 days
for the period from May 11,2013 to August 5,2013,for a total amount of fines of$21,750.00.
C. Part D of the Order:Daily fines of S250.00 per day are assessed against Respondent for 87 days
for the period from May 11,2013 to August 5,2013,for a total amount of fines of$21,750.00.
D. Part E of the Order: Daily fines of$250.00 per day are assessed against Respondent for 81 days
for the period from May 11,2013 to July 30,2013,for a total amount of fines of$20,250.00.
E. Respondent shall pay the previously assessed operational costs of 5112.38.
F. Respondent shall pay the mold remediatioriciistS ncurred by the county in the mount of
$3,034.79.
G. Respondent is ordered to pay fines-and costs in the total amount of S66.897.17 or he subject to
Notice of Assessment of Lien against,all-PTortiesowned by Respondent in Collier County,
Florida.
,y is
State of FleD.9NE AND ORDERED this kkday f' i (�\�` ,2013 at Collier County,Florida.
County of COLLIER __
COLLIER COUNT\ CODE ENFORCEr4ENT
I
HEREBY CERTIFY THAT this is a true and SPEC CISTRATE
correct cory of a c'ocumttn;d�j'e in
B eard t.; fs t R:r rd';o?x Daher Courty n
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DWIGHT E.3F'OC i,,CLK "COUttTS ,
: 'ENDA C.CARRETSON
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 1
(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 nov0.
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—Federal National Mortgage Assn.
Collier Co. Code Enforcement Dept.
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