Agenda 06/10/2014 Item #16A12 6/10/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$355,800 for payment of
$450,in the code enforcement action entitled Board of County Commissioners v. Reinhard Marton,
Code Enforcement Board Case No. CESD20080010163, relating to property located at 3107
Cottage Grove Avenue,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$355,800.00 for payment of$450.00, in relation
to Code Enforcement Board Case No. CESD20080010163.
CONSIDERATIONS: As a result of a code violation at 3107 Cottage Grove Avenue,
consisting of demolition of a 30' x 10' structure and the rebuilding of a 15' x 10' structure in its
place, without first obtaining required permits, inspections and a certificate of completion, the
Code Enforcement Board ordered the imposition of a lien against the property owner, Reinhard
Marton, in Case No. CESD20080010163. The lien was recorded in the Official Public Records
on June 10,2009, at O.R. Book 4460,Page 2911, and it encumbers all real and personal property
owned by Reinhard Marton. The lien amount of$355,800.00 is based on accrued fines for 1,779
days at $200 per day from April 28, 2009 through March 12, 2014. A Certificate of Title was
recorded on February 27, 2014 in favor of Simon Hunt. This new owner abated the violation on
March 12,2014, less than 30 days after taking title.
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. The property is in compliance and the new
owner has paid $450.00 in fines. Operational costs ($87.57) were paid prior to the tendering of
this settlement offer. The new owner, Mr. Hunt, is requesting a waiver of $355,350.00 in
accrued fines.
FISCAL IMPACT: Payment of$450.00 in fines has been made, and all County costs have
been reimbursed. If approved by the Board, accrued fines in the amount of$355,350.00 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$355,350.00, accept
payment of$450.00, release the lien, and authorize the Chair to sign the attached lien release for
recording in the Official Public Records.
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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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Item Summary: Recommendation to approve a release of lien with an accrued value of$355,800
for payment of$450, in the code enforcement action entitled Board of County Commissioners v.
Reinhard Marton, Code Enforcement Board Case No. CESD20080010163, relating to property located at
3107 Cottage Grove Avenue, Collier County, Florida.
Meeting Date: 6/10/2014
Prepared By
Name: MarleneSerrano
Title: Manager-Code Enforcement Operations, Code Enforcement
Approved By
Name:jeffwright
Title: Director-Code Enforcement, Code Enforcement
Date: 05/1 3/2014 03:44:46 PM
Name: puigj
Title: Operations Analyst, Community Development&Environmental Services
Date: 05/16/2014 02:31:08 PM
Name: kevinnoell
Title: Assistant County Attorney, CAO General Services
Date: 05/19/2014 11:05:17 AM
Name: marcellajeanne
Title: Executive Secretary,Transportation Planning
Date: 05/28/2014 07:50:38 AM
Name: markisackson
Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date: 05/28/2014 09:07:42 AM
Name: klatzkowjeff
Title: County Attorney,
Date: 05/28/2014 03:37:08 PM
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Name: ochs_l
Title: County Manager, County Managers Office
Date: 05/29/2014 03:27:56 PM
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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:
Reinhard Marton
Respondent
The lien was recorded on June 10, 2009, in Official Records Book 4460, Page 2911, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of six thousand eighty-seven dollars and fifty-seven cents ($6,087.57),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 Noeli
Assistant County Attorney
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.: CESD20080010163
vs.
REINHARD MARTON,
Respondent.
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE having come/befoke er, ,Code Enforcement Board at public
a hearing on May 28, 2009, on County" y otion for Imposit 6nJo ,Fines/Liens, and the Board having
c.a ° heard the matter and being duly,advised.in_thespremises; and``
04 MI
o WHEREAS, this matter w dr. e E fereement Board on February 26, 2009,
0 o m after due notice to Respondent t ?Audi time tie 11Boar€d heard testimony under oath, received
p evidence, and issued its Findings\of Fact and ( ion's of taw ;and thereupon issued its oral
Order which was reduced to Writing on h 3 009 an fu"riii�shed to Respondent and was
c- o recorded in the Public Records,i f Collier County, Flohd.a at OR pok 4434, PG 1373, et. seq. on
March 11, 2009; and
WHEREAS, an Affidavit o I4bn- pliaties n filed with the Board by the Code
o ° Enforcement Official, which Affidavit cerwied ande_,j oatfi that the required corrective action has
•r a o not been taken as ordered; and
--
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04 o WHEREAS, it having been brought to the Board's attention that Respondent has not
"` complied with the Order dated March 3,2009, it is hereby
ORDERED that Respondent, REINHARD MARTON, pay to Collier County fines in the
• amount of$6,000.00 for the period of April 28, 2009 through May 28, 2009 (30 days) at a rate of
0$200.00 per day, plus $87.57 for the operational costs incurred in the prosecution of this case for a
total of$6,087.57.
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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
tc 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, n
but shall be limited to appellate review of the record created within. Filing an Appeal shall not
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6/10/2014 16.A.12.
stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes,
constitute a lien against the property as described and/or any other real or personal property
owned by Respondent.
DONE AND ORDERED this ) day of June, 2009,at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
"e Gerald Lefeb hair
cv 2800 North Horseshoe Drive
Crt Naples,Florida 34104
N
STATE OF FLORIDA )
COUNTY OF COLLIER)
The foregoing instrument knowledged be this Src day of June, 2009, by
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Gerald Lefebvre, Chair of the Code-E.rif cement Board�nf Collier County, Florida, who is
x ✓ personally known to me oT—' vlC o produced a Florida Driver's License as
identification.
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I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.
Mail to Reinhard Marton, 2620 Fountain View Circle, #208, Naples, FL 34109 this(ft -day of
June,2009.
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H IDI ASHTON-CICKO, ESQUIRE
.tare a F ,Flwida Bar No. 966770
;aunty of COWER nney for the Code Enforcement Board
OFFICE OF THE COUNTY ATTORNEY
i HEREBY CERTIFY THAT this Is 4*US 4110 3301 East Tamiami Trail
.errect cony or a aocument on Ma in Naples,Florida 34112
ioard Minutes and Recoras of,Paler( (239) 252-8400
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)WI BROCA CLERK OF COUIiT$
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