Agenda 06/10/2014 Item #16A13 6/10/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a release of a code enforcement lien with an accrued value of
$29,687.38 for payment of $4,637.38, in the code enforcement action entitled Board of County
Commissioners v. Rick Summers, Code Enforcement Special Magistrate Case No.
CEPM20130005654,relating to property located at 440 5th Street S.W.,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$29,687.38 for payment of$4,637.38, in relation
to Code Enforcement Special Magistrate Case No. CEPM20130005654.
CONSIDERATIONS: As a result of a code violation at 440 5th Street S.W., consisting of a
home that was completely damaged by a fire, the Code Enforcement Special Magistrate ordered
the imposition of a lien against Rick Summers, in Case No. CEPM20130005654. This lien was
recorded in the Official Public Records on December 20, 2013, at O.R. Book 4994, Page 1895,
and it encumbers all real and personal property owned by Rick Summers. The lien amount of
$29,687.38 is based on accrued fines of$25,500 (102 days at $250 per day from July 20, 2013
through October 29, 2013), plus $4,075.00 in County abatement costs and $112.38 in operational
costs.
Mr. Summers was properly served with all notices, including the notification of the demolition of
the home by the County, at the address reflected on the Property Appraiser and Tax Collector
records. The County brought the property into compliance by demolishing the fire damaged
home on October 29, 2013. According to the attached hardship letter, Mr. Summers did not
receive any of the notices as his address was not updated in the records. Mr. Summers contacted
Code Enforcement upon his discovery of the demolition of his home on the property in March of
2014. Mr. Summers provided further information relating to his hardship in paying the full
amount of the accrued lien in the hardship letter.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when
payment of the full lien amount would impose a severe financial hardship on the property owner.
In this case, the house burned down, the violation has been abated, and the owner is actively
maintaining the property. Mr. Summers has paid $4,637.38 to settle this matter, which
represents the County's abatement cost of$4,075.00, operational costs of$112.38, and $450 in
fines. Mr. Summers is requesting a waiver of$25,050.00 in accrued fines.
FISCAL IMPACT: Payment of$4,637.38 has been made, representing all County hard costs
($4,187.38), plus $450 in fines. If approved by the Board, accrued fines in the amount of
$25,050.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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6/10/2014 16.A.13.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and t"-■
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 in the amount of $25,050.00,
accept payment of$4,637.38, release the lien, and authorize the Chairman 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)Hardship letter
3) Order imposing lien
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6/10/2014 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve a release of a code enforcement lien with
an accrued value of$29,687.38 for payment of$4,637.38, in the code enforcement action
entitled Board of County Commissioners v. Rick Summers, Code Enforcement Special
Magistrate Case No. CEPM20130005654, relating to property located at 440 5th Street S.W.,
Collier County, Florida.
Meeting Date: 6/10/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
5/13/2014 2:55:20 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 5/13/2014 3:44:52 PM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/16/2014 2:39:58 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/19/2014 11:05:26 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/28/2014 7:50:45 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/28/2014 9:13:00 AM
Name: KlatzkowJeff
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6/10/2014 16.A.13.
Title: County Attorney,
Date: 5/28/2014 3:37:16 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/29/2014 1:38:51 PM
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6/10/2014 16.A.13.
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:
Rick Summers
Respondent
The lien was recorded on December 20, 2013, in Official Records Book 4994, Page
1895, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of twenty-nine thousand six hundred eighty-seven dollars and thirty-eight
cents ($29,687.38), 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
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Rick Summers March 13,2014
21621 Belhavenway
Estero FL, 33928
Cell 239-989-4424
Case No.—CEPM20130005654
I Rick Summers owned the house at 440 5th st SW along with Ocewn Mortgage Company.
On the morning of March 25, 2013 I got a phone call from the Golden Gate Estates Fire
Department informing my home had caught on fire and was a total loss.
I called my insurance company to report the fire. I was assigned a claim number and total to
Barrie acid the property as best as I could and the Adjuster would be contacting me.
The Adjuster went to inspect and only took a picture from the street because of the beware of
dogs.
It took my insurance company until august to make claim to myself and the mortgage company.
The claim check was incorrect and it took until December for us to finalize the loss claim.
I was living and working in Fort Lauderdale because of the lack of work for me here.
I had been by property few times butt without the funds to clean up and start repairs in was a
waste of time for me to go there.
Over the summer with my job in Fort Lauderdale I was working 7 days a week to complete a
new school.
I was unaware of the court case and the hearing that I missed.
My Insurance Company did a title search and found the fine which I have enclosed a two party
check for.
The notice that were mailed to my old address that I had not used for several years.
I did not realize it was not current as my mortgage company paid the taxes it was part of my
house payment.
I was able to find a job back in the area and have made the agreement with Mortgage Company
and now I was going to get estimates and see if the home was repairable.
I sent and Contractor to site and that's when I found out it was knocked down and that there
was notice sent to my old address a PO Box in Alva FL.
I was planning to try and rebuild if possible and now the walls are gone and I am not sure what I
will be able to afford to due at this time.
I have also enclosed the letter with the time line it took to resolve my case from my insurance
company.
Please review and let me know if there is any way possible to resolve all the fines you have
placed on my property.
This has added more burden and cost to the loss of my home that I originally bought in 1998.
Respectfully,
Rick Summers
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24-834-13 Timeline - rsum281 gmail.eom- Gmail 6/10/2014 16.A.13.
Gmail More
COMpost Gross-Guile Stic s.ktarss rrsp-Osr social mrketing grade will give a you insights on=Newry and measuring real ROt in 2014
24-834-13 Timeline
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Crouch,ouch,fdloh W
Sent Mae
Mr.Stammers.
Drafts
[ Trash This is a basic timeline of your clams. It certainty does not reflect every contact or action taken on your file. t have tried to outline the most grip*
Bits Sincerely,
Business Michael Crouch,CPCU,AIC,AIM,API
pb offer Manager,Fort Myers Claims Branch
Jobs Auto-Owners Insurance Company
PO Box 60019
Junk E-mail Fort Myers,Fl.33906
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Notes -
Fax 12391939-1399 ..
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3/25/13-loss notice is received in the claim branch and claim 24-834.13 is set up as a vandalism claim-"Insured tenants moved out and left mt
3/28/13-Claim Rep contact you and finds out that the home caught fire
4/8/13-Clams Rep inspects the residence and takes photos-did not get dose to home due to Concerns over the`Beware of Dag"sign posted at
4/19/13-Fire report obtained
4/29/13-Claim Reported per procedure to our Home Office Claims Department
S/23/13-HO Clams Responds and has the file blue to the circumstances of the loss}sent to the Special Investigations Unit for further mvestgati
5/30/13-the rent supports requested from you are sent to our office
6/21/13-original Claim RepenenbLVe leaves the company-I take over handling
....<.. v.. 7/2/13-per Home Office a fire cause&angel expert is assigned to the claim to investigate
Dane Borzenkav 7/19/13-we receive expert's report
Jeff Burks 7/23/13-1 receive authority to make payments for the 5204,000 dwelling knits and 56,000 personal property limits
- We have to work out the mortgage awe wen OCWEN
- We nave to wont out the issue of a)utlprnera against the Rick Summers Construction Inc.teat rs pieced as a hen on the home
- We have to wort out the issue of a for*from Collar County Code Ertartaene t$11208
7/24/13-$6,0170 personal property limits paid to Rick Summers
6/6/13-paid Collier County Code Enforcement 511238
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https://mail.google.com/maiUu/1/ 3/12/2014
6/10/2014 16.A.13.
INSTR 4926842 OR 4994 PG 1895 RECORDED 12/20/2013 4:19 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S18.50
COWER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case Na.—CEPM20130005654
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA.
Petitioner,
vs.
RICK SUMMERS,
Respondent.
ORDER 0 ~1 FCW MkGISTRATE
Le* :r;...rettat.y....
f ,j. ,..i--
THIS CAUSE came before, be Special Magistrate for. pu rc hearing upon the Petitioner's
Motion for imposition of Fine}t/Lieris ccrttber'6:0713, and\the Special Magistrate, having heard
argument respective to all app c .' n ' sues it's Fillings of Fact and Order of the
Special Magistrate,as follows; ?\ r^. \-,1 57' 'i
,^ ',,�, t►:.� sj..FAr' i
i
1. On July 2013,Respond t,was found guilty of V._ tjon bi gllier County Code of Laws and
c �
Ordinances,Chapter 22,Ai-tick VI,Section 22-236;Rityiestmiletely burned out single family
home on the property,whit t '•1ation occurred on the, ,p ty located at 440 Si'Street SW,
Naples,FL,Folio i 3716448i',t } ci `DEN GATE EST UNIT 12 S 75FT
OF TR 60). ``mi l J( ,/
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 19,2013,or a fine of$250.00 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 4944,
PG 3725).
3. Operational costs of S112.38 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 October 29,2013.
1
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*** OR 4994 PG 1896 ***
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$250.00 per day are assessed against Respondent for 102 days for the period from
July 20,2013 to October 29,2013,for a total amount of fines of$25,500.00.
C. Respondent shall pay the previously assessed operational costs of 511238.
D. Respondent shall pay the abatement costs incurred by the county in the amount of$4,075.00.
E. Respondent is ordered to pay fines and costs in the total amount of;29,687.38 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
FZ
DONE AND ORDERED this -t'1® ai ; 03ytt 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.
State of Florida
County of COLLIER
cc: Respondent—Rick Summers
Collier Co.Code Enforcement Dept. I HEREBY CERTIFY THAT fhis'fl;a'true,and
correo copy of a daournorrot �rri'..•
Board Minutes and Re*;rds p'4fidt,Caunty.
W Tfa SS my Ind a off al`seal thrs
lq 4 ay .► 1
&WIGHT E. -ROCK;Creik•t C617RTS.-.
.0..6.11 .1,
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