Agenda 12/09/2014 Item #16A20 12/9/2014 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$19,812.38, for payment of $1,762.38, in the code enforcement action entitled Board of County
Commissioners v.Dale C.Hunt and Anne M.Hunt, Code Enforcement Special Magistrate Case No.
CEPM20110010931, relating to property located 4972 Traynor Court, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$19,812.38, for payment of$1,762.38, in relation
to Code Enforcement Special Magistrate Case No. CEPM20110010931.
CONSIDERATIONS: As a result of a code violation at 4972 Traynor Court, consisting of an
unmaintained pool with green water, the Code Enforcement Special Magistrate ordered the
imposition of a lien against Dale C. Hunt and Anne M. Hunt in Case No. CEPM20110010931.
The lien was recorded in the Official Public Records on April 24, 2012, at O.R. Book 4789, Page
1093, and it encumbers all real and personal property owned by Dale C. Hunt and Anne M.
Hunt. The accrued lien amount of$19,812.38 is based on 74 days of accrued fines (December
10, 2011 through February 21, 2012) at $250 per day, plus $112.38 in operational costs and
$1,200 in abatement costs.
Following a foreclosure (Case No. 2011-CA-3464), a Certificate of Title was recorded on
August 1, 2014 in favor of Federal National Mortgage Association. The property was brought
into compliance by the County on February 21, 2012. The County's lien for this property was
filed after the foreclosure lis pendens, and is not presently enforceable as to the property in
question.
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, and compliance has
been achieved within 30 days. The property is being actively maintained and the new owner has
paid $1,762.38. The owner is requesting a waiver of$18,050 in accrued fines.
FISCAL IMPACT: Payment of$1,762.38 in accrued fines has been made, representing $450
in fines, $112.38 in operational costs and $1,200 in abatement costs. If approved by the Board,
accrued fines in the amount of$1 8,050 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 of County Commissioners waive the fines in the
amount of$18,050, accept payment in the amount of$1,762.38, release the lien, and authorize
1 4-CED-00963/1 1 3 1 73 6/1]
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12/9/2014 16.A.20.
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
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
114-CED-00963/1 1 3 1 73 6/1]
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12/9/2014 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$19,812.38,for payment of$1,762.38, in the code enforcement action
entitled Board of County Commissioners v. Dale C. Hunt and Anne M. Hunt, Code Enforcement
Special Magistrate Case No. CEPM20110010931, relating to property located 4972 Traynor
Court, Collier County, Florida.
Meeting Date: 12/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/12/2014 10:52:19 AM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 11/14/2014 9:52:27 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 11/14/2014 2:40:28 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/17/2014 9:25:51 AM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div,Business Management&Budget Office
Date: 11/23/2014 10:51:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2014 8:59:26 AM
Name: IsacksonMark
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12/9/2014 1.6.A.20.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 11/24/2014 9:37:48 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 11/25/2014 10:44:50 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/30/2014 11:11:45 AM
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12/9/2014 16.A.20.
This Instrument Prepared By:
Jeff 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:
Dale C. Hunt and Anne M. Hunt
Respondents
The lien was recorded on April 24, 2012, in Official Records Book 4789, Page 1093, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Nineteen thousand eight hundred twelve dollars and thirty-eight cents ($19,812.38), 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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INSTR 4684447 OR 4789 PG 1093 RECORDED 4/24/2012 10:02 AM PAGES 2 12/9/2014 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.—CEPM20I100I0931
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DALE C.HUNT AND
ANNE M.HUNT,
Respondents. ,/�w \.,,,v:_:_.- f_.--I AJ
ORDER OF- 1 HE SEECI i.MAGISTRATE
17-IM'PO ` f Nest \
THIS CAUSE came bF�r tisi i 46,lagi t e for jiub is tie ing upon the Petitioner's
Motion for Im osition of Finesj s'tm'Apn ,--_f0 d the pci iigistrate having heard
argument respective to all appr`ti rii to matters,hereupon i es its Fin,„1ngs of Fact and Order of the
Special Magistrate,as follows: �..� C /0
Ti FINDINGS OF EACT„,s/'
I
I. On December 2,2011, Respondent i;as unti godly of violation of Collier County Code of Laws
and Ordinances,Chapter 22,Article VI, Section 22-231(15)for a pool that was found to be
green/black in color and in need of chemical treatment,which violation occurred on the property
located at 4972 Traynor Court,Naples,FL Folio#29555019103(Legal Description:CROWN
POINTE EAST LOT 177 OR 1985 PG 486).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 9,2011,or a fine of S250.00 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 4745, PG 3250).
3. Operational costs of S112.38 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent.havine 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 February 21,2012.
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'*** OR 4789 PG 1094 *** 12/9/2014 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. Daily fines of S250.00 per day are assessed against Respondent for 74 days for the period from
December 10,2011 to February 2I,2012, for a total amount of fines of S18,500.00.
C. Respondent shall pay the previously assessed operational costs of S112.38.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of S1,200.00.
E. Respondent is ordered to pay fines apd-cestsi a total amount of S19.81238 or be subject to
Notice of Assessment of Lien gai"tst+jflt 'o °tai rAi"ned by Respondent in Collier County,
Florida. '. 1 t
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DONE AND ORDERED this ,dak~of ,2012 at'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,
F t':hI OA �.
cc: Respondent—Dale C.Hunt and Anne M.Hunt :0-tiftly COLU R
Collier Co.Code Enforcement Dept. ' . ..
t HEREBY CERTIFY THAT ttrtt'b a +tsa ''•
;orroct copy at a aocument*ttta`{
Board Minutes ano Recott15,0f cattier
NITN S my nano a ofElr` t1!ai{.t!}i1t> .
_t_ ay of
Wl T E. GROG CLERK Of COTEIR'V$ .�,.
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