Agenda 07/08/2014 Item #16A137/8/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a release of a code enforcement lien with an accrued value of
$235,580.86, for payment of $3,580.86, in the code enforcement action entitled Board of County
Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement Board Case No.
CESD20110007245, relating to property located at 4530 20th St. NE, 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 $235,580.86, for payment of $3,580.86, in
relation to Code Enforcement Board Case No. CESD20110007245.
CONSIDERATIONS: As a result of code violations at 4530 20t' St. NE, consisting of expired
Collier County pen-nits for a pool and screen cage, failure to obtain 10 -day spot surveys, and an
unpermitted shed on the property, the Code Enforcement Board ordered the imposition of a lien
against Ofelina M. and Dean L. Patten, in Case No. CESD20110007245. The lien was recorded
in the Official Public Records on December 8, 2011, at O.R. Book 4744, Page 1215, and it
encumbers all real and personal property owned by Ofelina M. and Dean L. Patten. The lien
amount of $235,580.86 is based on 942 days of accrued fines, at $250 per day (October 14, 2011
through May 12, 2014), plus $80.86 in operational costs.
Ofelina M. and Dean L. Patten owned the property throughout this period. Following a
foreclosure (Case No. 2009 -CA- 7645), a Certificate of Title was recorded on February 19, 2014
in favor of Nafdof22 LLC. The property was brought into compliance by the new owner on May
12, 2014. Because the County's lien was filed after the foreclosure lis pendens, it is not
presently enforceable as to this property.
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 the settlement amount of $3,580.86. Nafdof22 LLC is requesting a waiver of
$232,000 in accrued fines.
FISCAL IMPACT: Payment of the settlement amount of $3,580.86 has been made,
representing $3,500 in fines, plus $80.86 in operational costs. If approved by the Board, accrued
fines in the amount of $232,000 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
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7/8/2014 16.A.13.
RECOMMENDATION: That the Board waive the fines in the amount of $232,000, accept the
settlement amount of $3,580.86, release the lien, and authorize the Chairman to sign the attached
release and satisfaction of lien for recording in the Official Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: l) Release and Satisfaction of Lien
2) Lien Order
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7/8/2014 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 $235,580.86, for payment of $3,580.86, in the code enforcement action
entitled Board of County Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement
Board Case No. CESD20110007245, relating to property located at 4530 20th St. NE, Collier
County, Florida.
Meeting Date: 7/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
6/10/2014 8:22:31 AM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 6/10/2014 12:47:43 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/11/2014 1:42:20 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/11/2014 2:08:35 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/12/2014 11:42:38 AM
Name: K1atzkowJeff
Title: County Attorney,
Date: 6/13/2014 1:15:57 PM
Name: IsacksonMark
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7/8/2014 16.A.13.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 10:22:51 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:08:34 PM
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7/8/2014 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:
Ofelina M. and Dean L. Patten
Respondent
The lien was recorded on December 8, 2011, in Official Records Book 4744, Page
1215, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Nine thousand eighty dollars and eighty -six cents ($9,080.86), 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
e oell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Tom Henning, Chairman
INSTR 4635270 OR 4744 PG 1215 RECORDED 12 /8/2011 3:39 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
OFELINA M. AND DEAN L. PATTEN,
Respondents
THIS CAUSE came on for public
Respondents at which time the Board hear(
and Conclusions of Law and thereupon s
.
and furnished to Respondents and was ecc
873, et. seq. on October 18, 2011. )
An Affidavit of Non
-Comp ianc
October 18, 2011, which Affidavit c rtifi
ordered.
Accordingly, it having been pro.
Order dated September 30, 2011, it is 1tei
CESD20110007245
i6ny under oath, receive
oral Order which was n
t t the Fbb c-R=W6 of
to the Board's anentlim that
r
7/8/2014 16.A.13.
22, 2011, after due notice to
:e, and issued its Findings of Fact
writing on September 30, 2011
Runty, Florida at OR 4728, PG
Enforcement Official on
;ion has not been taken as
have not complied with the
ORDERED, that the Responde , Telina M. and Dean L. Pati.,pa,y ` Collier County fines in the
amount of 59,000 (Order Item 1 and 2) for 'off Of October 14 ' hr gh November 18, 2011 (36 days) at
S250 per day plus S80.86 operational costs in ed1fr�r i�6 es, for a total of 59,080.86.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents come into compliance or until Judgment is rcndcred in a suit to foreclose on a lien tiled 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.
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 Respondents.
DONE AND ORDERED this 2-L r day of i v • , 2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
El tlk 0' F t.1:K1JJ(% COLLIER COUNTY, FL DAB
'cunty of,COt,CM
Vic;: ,,....,, LY, . BY: C--- j
f HE0'Y£ERTI &T4AT this Is a true Ono Kenneth
'Urrect Copy. ot'e aocz*ni an file in 2800 North Horseshoe Drive
cs - ` Naples, Florida 34104
3oa�d: t:; nut _ an cores of Co :lier Cohn p
Nt 5� rnv' ts3,4nq:offici&I seal this
Of'2
OYr'1G�SffIAI`K` '(/ CLERK OF COURTS _
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* ** OR 4744 PG 1216 * **
7/8/2014 16.A.13.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 2-2 day of l --+y • , 2011, by
Kenneth Kelly, Chair of the Code Enforcement Board of Collicr County, Florida, who is / personally
known to me or who has produced a Florida Driver's License as identification.
KRISTINE TWENTE NOTARY PUBLIC
::�` •w �,
Noaty Pubtic -State of Ftoride
• .€ qy Comm. Wire, Jun 18.20`15 My commission expires:
a Commission a EE 87272 ERTIFICATE OF SERVICE
'Nd: Bonded Though National wary Asm.
rIFT at a true and correct copy of this ORDER has been sent by U. S. Mail to Ofelina
M. and Dean L. Patten, 4530 20'" Street N.E., Naples, FL, 34120 thi ?�-'�-:'day of t,_- ±h�j . , 2011.
l C 4- e- �
G� M. Jea Esq.
Florida a e. 0311
At�ttney for e C de Enforcement Board
2375 . Tamialm il, Ste. 208
p41 3
2 - 06
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