Agenda 07/08/2014 Item #16A167/8/2014 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien (and amended lien) with an
accrued value of $23,967.96, for payment of $1,168.90, in the code enforcement action entitled
Board of County Commissioners v. Jerry Currie and Susan Currie, Special Magistrate Case No.
CEPM20090008987, relating to property located at 1797 54th St. SW., 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 $23,967.96 for payment of $1,168.90, in relation
to Special Magistrate Case No. CEPM20090008987.
CONSIDERATIONS: As a result of a code violation at 1797 54th St. SW, that consisted of an
unmaintained pool that is "green and stagnate," the Special Magistrate ordered the imposition of
a lien against Jerry & Susan Currie, in Case No. CEPM20090008987. The first lien was
recorded in the Official Public Records on November 19, 2009, at O.R. Book 4511, Page 1427
and an amended lien order was recorded on July 30, 2010, at O.R. Book 4590, Page 2157. Both
the lien and the amended lien encumber all real and personal property owned by Jerry & Susan
Currie. The lien amount of $23,967.96 is based on 231 days of accrued fines, ($100 per day
from September 26, 2009 through May 14, 2010), plus $117.96 in operational costs and $750 in
abatement costs. The County brought the property into compliance on May 14, 2010.
Following a foreclosure (Case No. 2010 -CA- 2933), a Certificate of Title was recorded on April
15, 2014 in favor of Household Finance Corporation III. Because the County's lien, and
amended lien, were recorded after the underlying mortgage, the County's lien was foreclosed,
and is no longer 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 $1,168.90, representing fines, operational costs, and abatement costs. The new
owner is requesting a waiver of $22,799.06 in accrued fines.
FISCAL IMPACT: Payment of $1,168.90 has been made, representing $300.94 in accrued
fines, $117.96 in operational costs, and $750 in County abatement costs. If approved by the
Board, accrued fines in the amount of $22,799.06 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.16.
RECOMMENDATION: That the Board of County Commissioners waives accrued fines in the
amount of $22,799.06, accept payment of $1,168.90, release the lien and amended lien, and
authorizes the Chairman to sign the attached lien releases.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1) Two lien releases
2) Two lien orders
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7/8/2014 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve the release of a code enforcement lien (and
amended lien) with an accrued value of $23,967.96, for payment of $1,168.90, in the code
enforcement action entitled Board of County Commissioners v. Jerry Currie and Susan Currie,
Special Magistrate Case No. CEPM20090008987, relating to property located at 1797 54th St.
SW., Collier County, Florida.
Meeting Date: 7/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
6/12/2014 3:42:23 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 6/12/2014 3:59:11 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/12/2014 4:40:19 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/13/2014 11:31:08 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/13/2014 4:05:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2014 8:16:43 AM
Name: IsacksonMark
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7/8/2014 16.A.16.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 10:36:13 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:14:07 PM
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7/8/2014 16.A.16.
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:
Jerry Currie and Susan Currie
Respondent
The lien was recorded on July 30, 2010, in Official Records Book 4590, Page 2157, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Twenty -three thousand nine hundred sixty -seven dollars and ninety -six cents
($23,967.96), 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
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Tom Henning, Chairman
7/8/2014 16.A.16.
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:
Jerry Currie and Susan Currie
Respondent
The lien was recorded on November 19, 2009, in Official Records Book 4511, Page
1427, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Four thousand two hundred seventeen dollars and ninety -six cents
($4,217.96), 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
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
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INSTR 4365118 OR 4511 PG 1427 RECORDED 11/19/2009 2:17 PM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM — 2009 - 0008987
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JERRY CURRIE and SUSAN CURRIE,
Respondents.
-,R C-C)
THIS CAUSE came before hhe ai asp
Motion for Imposition of Fines/Lieris�,j�'ov erS
argument respective to all appropriate m rs� ere `oil is
Special Magistrate, as follows: {
FINDINGS OF iFAC
1. On September 18, 2009, Resp€✓ n its were found guilty
Laws & Ordinances, Chapter 22, Atfi6 `t{ Section 22 -2,3
maintained, which violation occurred o`tre�r�ot�
#45850640002._
7/8/2014 16.A.16.
for publi� hearing upon the Petitioner's
and Special Magistrate, having heard
es\jY indings of Fact and Order of the
yon of the Collier County Code of
)r pool is green and stagnate, not
54`s Street SW, Naples, FL, Folio
2 An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before September 25, 2009, or a fine of 5100.60 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 4497, PG 3151
and attached hereto }.
3. Operational costs of $117.96 incurred by the County in the prosecution of this case were ordered to
be paid.
4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the hearing and no legal defense to the Motion was presented.
No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
The violation has not been abated as of the date of 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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7/8/2014 16.A.16.
* ** OR 4511 PG 1428 * **
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $100.00 per day are assessed against Respondents for 41 days for the period from
September 26, 2009 to November S, 2009 for a total amount of fines of $4,100.00.
C. Respondents shall pay the previously assessed operational costs of $117.96
D. Respondents are ordered to pay fines and costs in the total amount of 54.217.96 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent 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 N� day of 2009 at Collier County, Florida.
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yaanry of COLI:IER ',-�- C,.
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ENFORCEMENT
PAYMENT OF FINES: Any fines ordered to a 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.
LIEN RIGHTS: This order shall be recorded in the Public Records of Collier County. After three (3)
months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may
authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event
that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those
costs incurred by Collier County.
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: Respondents — Jerry and Susan Currie /
Collier Co. Code Enforcement Dept
Pit 13.E
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INSTR 4458507 OR 4590 PG 2157 RECORDED 7/30/2010 9:57 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM — 2009 -0008987
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JERRY CURRIE and SUSAN CURRIE,
Respondents.
cc)
THIS CAUSE came before h`" ial- 7Giagistiate for
Motion for Imposition of Finep/Lienn,T er5, -7.t1� c
argument respective to all ap rop;iatd ma eeirettp4 iss _ek
Special Magistrate, as follows: I`k T../
s FINDINGS OF CT
1, r�
r
1. On September I8, 2009, ResA�jl d is were found guilty
Laws & Ordinances, Chapter 22, A Section 22 -1 §
maintained, which violation occurred on -,*h p e t}t "I
#36248400009.4 —'°
7/8/2014 16.A.16.
hearing upon the Petitioner's
ecial Magistrate, having heard
Ines of Fact and Order of the
-�7
QWion of the Collier County Code of
(/for pool is green and stagnate, not
F97 54 "' Street SW, Naples, FL, Folio
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before September 25, 2009, or a fine of $100.00 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 4497, PG 3151
and attached hereto).
3. Operational costs of Sl 17.96 incurred by the County in the prosecution of this case were ordered to
be paid.
4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the 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 fled.
6. The violation has been abated as of May 14, 2010.
r•r •
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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7/8/2014 16.A.16.
* ** OR 4590 PG 2158 * **
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $100.00 per day are assessed against Respondents for 231 days for the period from
September 26, 2009 to May 14, 2010 for a total amount of fines of 523,100.00.
C. Respondents shall pay the previously assessed operational casts of Sl 17.96.
D. Respondents shall pay abatement costs in the amount of S750.00.
E. Respondents are ordered to pay fines and costs in the total amount of 523,967.96 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
DONE AND ORDERED Nunc Pro Tunc this "I"day of 2020 at Collier
County, Florida.
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:ounzy of COLLIER
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ENFORCEMENT
TE
PAYMENT OF FINES: Any fines ordered }t i td, uant 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.
LIEN RIGHTS: This order shall be recorded in the Public Records of Collier County. After three (3)
months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may
authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event
that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those
costs incurred by Collier County.
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 do 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: Respondents — Jerry and Susan Currie
Collier Co. Code Enforcement Dept.
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