Agenda 09/09/2014 Item #16A32 9/9/2014 16.A.32.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of a code enforcement lien with an accrued
value of$136,012.20 for payment of$562.20,in the Code Enforcement action entitled Board of
County Commissioners vs. Dusan Petric, Special Magistrate Case No. CESD20100004782,
relating to property known as 4609 Lakewood Boulevard,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a
code enforcement lien with an accrued value of$136,012.20, for payment of$562.20, as to property
known as 4609 Lakewood Blvd. only, in relation to Code Enforcement Special Magistrate Case No.
CESD20100004782.
CONSIDERATIONS:, As a result of code violations at 3122 Santa Barbara Blvd., the Code
Enforcement Special Magistrate ordered the imposition of a lien against Dusan Petric (deceased).
The lien was recorded in the Official Public Records on February 1, 2011, at O.R. Book 4647, Page
2992, and it encumbers all real and personal property owned by Dusan Petric. The lien amount of
$136,012.20 is based on accrued fines for the non-compliance period of 1,359 days (Nov. 16, 2010
through Aug. 5, 2014) at $100 per day ($135,900), plus the County's hard costs ($112.20). The
underlying violation is for a shed on the property without the required Collier County permits. This
violation has not been abated and therefore continues to accrue fines.
This request for a partial release is for a different property, 4609 Lakewood Blvd.,which contains no
code violations. This latter parcel was encumbered by the lien as a result of common ownership by
Dusan Petric. This property is under contract and the lien continues to encumber the property due to
the fact that it was owned by Dusan Petric at the time of lien imposition.
FISCAL IMPACT: Payment of$562.20 has been made, consisting of$1 12.20 in operational costs
$450 in fines. If approved by the Board, fines in the amount of$135,450 would be waived with
respect to 4609 Lakewood Blvd. only. The lien balance would continue to encumber all other
property owned by Dusan Petric.
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 $135,450 with respect to 4609 Lakewood Blvd. only, accept payment of $562.20, partially
releases the lien as described above, and authorizes the Chairman to sign the attached partial release
for recording in the Official Public Records.
Prepared by: Jeff Wright,Director,Code Enforcement Department, Growth Management Division,
Planning and Regulation
Attachment: 1)Partial Release and Satisfaction of Lien 2)Lien Order
[14-CED-00910/1107261/1]
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9/9/2014 16.A.32.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.32.
Item Summary: Recommendation to approve the partial release of a code enforcement
lien with an accrued value of$136,012.20 for payment of$562.20, in the Code Enforcement
action entitled Board of County Commissioners vs. Dusan Petric, Special Magistrate Case No.
CESD20100004782, relating to property known as 4609 Lakewood Boulevard, Collier County,
Florida.
Meeting Date: 9/9/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforcement
8/7/2014 10:11:03 AM
�-. Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 8/11/2014 1:27:37 PM
Name: WrightJeff
Title:Director-Code Enforcement, Code Enforcement
Date: 8/13/2014 8:14:29 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 8/13/2014 8:34:20 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:15:40 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 8/21/2014 3:50:18 PM
Name: KlatzkowJeff
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9/9/2014 16.A.32.
Title: County Attorney,
Date: 8/21/2014 4:33:04 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/21/2014 6:00:16 PM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 8/25/2014 2:11:01 PM
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9/9/2014 16.A.32.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
PARTIAL 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:
Dusan Petric
Respondent
The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2992, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand one hundred twelve dollars and twenty cents ($6,112.20), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida.
Lot 7, Block B, Lakewood, Unit No. 5, according to the plat thereof, as
recorded in Plat Book 12, at page 66, of the Public Records of Collier
County, Florida.
Site address: 4609 Lakewood Blvd.
Collier County, a political subdivision of the State of Florida, by execution of this Partial Release
and Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as partial satisfaction of the lien and hereby cancels said lien with respect to the
above-described property only.
The Clerk of the Circuit Court is hereby directed to record this Partial Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to
exist as to 4609 Lakewood Blvd.
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 Noel!
Assistant County Attorney
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INSTR 4521583 OR 4647 PG 2992 RECORDED 2/1/2011 9:53 AM PAGES 2 9/9/2014 16.A.32.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD—2010-0004782
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DUSAN PETRIC,
Respondent.
/ Co(- ,
ORDER` .,PI1crSPEcTM. ISTRATE
// 'MPOSING FINES/LIENS'\.�\
THIS CAUSE came befo �`' tar Mag to for public hearing upon the Petitioner's
Motion for Imposition of Finks/L.re.. •, J.••_-a ,• I k t'- a Special Magistrate, having heard
argument respective to all a , ro i a : t h- -us s! sl Findings of Fact and Order of the
'�• Special Magistrate,as follows f.--, -
F1Tr'DINGS OF CT! /~
1.0,
1. On October 15,2010,Res t1'cn vas found guilty of x,_'t`. •f the Florida Building Code,2007
Edition, Chapter 1 Permits, Sect 0 for shed wit . it, which violation occurred on the
property located at 3122 Santa Barbara =fvtj?; rri, €0 6459080001.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 15, 2010, or a fine of S100.00 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 4621,PG 2412).
3. Operational costs of 5112.20 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 07-44 has been timely filed.
6. The violation has not been abated as of the date of the 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:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
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*** OR 4647 PG 2993 *** 9/9/2014 16.A.32.
B. Daily fines of S100.00 per day are assessed against Respondent for 60 days for the period from
November 16,2010 to January 14,2011 for a total amount of fines of$6,000.00.
C. Respondent shall pay the previously assessed operational costs of S112.20.
D. Respondent is ordered to pay fines and costs in the total amount of$6,112.20 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida.
E. The daily fine of 5100.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this A day of a I ,t to 2011 at Collier County,Florida.
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51 COLLIER CQtI NIY CODE ENFORCEMENT
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PAYMENT OF FINES: Any fi d to be paid this order may be paid at the Collier
County Code Enforcement Departmen, ,8p.� _• ` , . ' rive,Naples,FL 34104,fax#(239)252-
2343. Any release of lien or confirmatro .in •.•• = or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
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 nova, 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: Respondent(s)-Dusan Petric
Collier Co.Code Enforcement Dept.
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