Agenda 09/09/2014 Item #16A33 9/9/2014 16.A.33.
n
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value
of $99,680.57, for payment of $80.57, in the code enforcement action entitled Board of
County Commissioners v.Kenneth T.Jenkins and Aundrea L. Jenkins, Code Enforcement
Board Case No. CESD20110012249, relating to property located at 260 Weber Boulevard
S.,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$99,680.57, for payment of$80.57, in relation to
Code Enforcement Board Case No. CESD20110012249.
CONSIDERATIONS: As a result of a code violation at 260 Weber Blvd. S., consisting of the
expiration of a pool permit without receiving a certificate of completion/occupancy and not
acquiring the required Collier County permits for the pool enclosure, the Code Enforcement
Board ordered the imposition of a lien against Kenneth T. Jenkins and Aundrea L. Jenkins, in
Case No. CESD20110012249. The lien was recorded in the Official Public Records on June 13,
2012, at O.R. Book 4806, Page 3218, and it encumbers all real and personal property owned by
Kenneth T. Jenkins and Aundrea L. Jenkins. The lien amount of$99,680.57 is based on 664
days of accrued fines at$150 per day(March 21, 2012 through January 13, 2014),plus$80.57 in
operational costs.
t
Kenneth T. Jenkins and Aundrea L. Jenkins owned the property throughout this period.
Following a foreclosure (Case No. 2011-CA-3512), a Certificate of Title was recorded on
August 9, 2013 in favor of Federal National Mortgage Association. On December 9, 2013, the
property was conveyed to its current owner, John and Danielle Paulich. Following considerable
effort and expense to promptly address the code violations, the property was brought into
compliance on January 13, 2014 (approximately 34 days after taking title, which period
coincided with holiday season). The County's lien for this property was filed after the
foreclosure lis pendens;therefore it is not presently enforceable.
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 $80.57 in fines and operational costs. The Paulichs are requesting a waiver of
$99,600 in accrued fines.
FISCAL IMPACT: Payment of$80.57 has been made, representing the operational costs. If
approved by the Board,accrued fines in the amount of$99,600 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[14-CED-00913/1107784/1]
Packet Page-1337-
9/9/2014 16.A.33.
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 waives accrued fines in the
amount of$99,600, accept payment in the amount of$80.57, release the lien, and authorizes 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: 1)Release and Satisfaction of Lien
2)Lien Order
/'■
114-CED-00913/1107784/1]
Packet Page-1338-
9/9/2014 16.A.33.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.33.
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of$99,680.57, for payment of$80.57, in the code enforcement action entitled Board of
County Commissioners v. Kenneth T.Jenkins and Aundrea L.Jenkins, Code Enforcement Board Case
No. CESD20110012249,relating to property located at 260 Weber Boulevard S., Collier County,Florida.
Meeting Date: 9/9/2014
Prepared By
Name: DeborahFarris
Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management
Approved By
Name: puig_j
Title: Operations Analyst,Community Development&Environmental Services
Date: 08/11/2014 11:18:22 AM
Name:jeffwright
Title:Director-Code Enforcement,Code Enforcement
Date: 08/13/2014 08:19:15 AM
Name:kevinnoell
Title:Assistant County Attorney,CAO General Services
Date: 08/13/2014 09:28:23 AM
Name: marcellajeanne
Title:Executive Secretary,Transportation Planning
Date: 08/21/2014 10:15:55 AM
Name: klatzkowjeff
Title: County Attorney,
Date: 08/21/2014 02:55:46 PM
Name: markisackson
Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 08/21/2014 03:50:33 PM
Packet Page -1339-
9/9/2014 16.A.33.
Name: EdFinn
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 08/21/2014 06:00:29 PM
Name: durham_t
Title: Executive Manager of Corp Business Ops,
Date: 08/25/2014 01:30:43 PM
n
Packet Page-1340-
9/9/2014 16.A.33.
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:
Kenneth T. Jenkins &Aundrea L. Jenkins
Respondents
The lien was recorded on June 13, 2012, in Official Records Book 4806, Page 3218, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of nine
thousand eight hundred thirty dollars and fifty-seven cents ($9,830.57), 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
i; II
Kevin Noell
Assistant County Attorney
Packet Page-1341-
INSTR 4705509 OR 4806 PG 3218 RECORDED 6/13/2012 8:37 AM PAGES 2 9/9/2014 16.A.33.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
.—\
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20110012249
vs.
KENNETH T. JENKINS AND
AUNDREA L.JENKINS,
Respondents
/
RCO r
•Lb1„..�„1•m:[ss;:•..J a
THIS CAUSE came on for p • ir�,.h • ing before the Board on u: 19,2012,after due notice to
Respondents at which time the Boar ear• nder oath receive. evid. ce,and issued its Findings of Fact
and Conclusions of Law and there on i ue� 4ts Or. w t as redu d t• writing on January 24,2012,and
furnished to Respondents and was - or•e• •a to - R- • • •: _-.i noun ,Florida at OR 4760,PG 632,
et.seq.on January 31,2012.
An Affidavit of Non-Co .. . ., . `: Bo••• . _ • ,
' ' +CO a Enforcement Official on
March 26,2012,which Affidavit c:rtif.. un•er oath at the re ired c., • ion has not been taken as
ordered.
Accordingly,it having been b • oy o the Board's attention • —•
Order dated January 24,2012,it is hereb dents have not complied with the
ORDERED,that the Respondents, • a�' 1
ilk. dreg L.Jenkins,pay to Collier County fines
in the amount of$9,750(Order Items! and 2)at a a : ►:. or the period of March 21,2012 through May
24,2012(65 days),plus operational costs of$80.57 for a total of$9,830.57.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed 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.
DONE AND ORDERED this I‘4--- day of(ullg ,2012 at Collier County,Florida.
CODE ENFORCEMENT BOARD
s:atr, tr; F1;,,:a';tIDA C• ' OUNTY, •RIDA
;aunty at COLUtk -
t HEREBY CERT1 r � S
F �THAT ti�, ilaA +�
':orreet cony or a 41)911 ner t oti fits in- ''bertKa• ,
Board Minutes a,FtiRecoros of COflij. 2800-14o r:, oe Drive
X-(Z'vfSS my Betio anti official siM, N:. -, o •a 34104
.L&clay of �u1A'`aCi t �'
., `, - r�
4WIGKT E. BROG. ..downs
Packet Page-1342-
*_* OR 480e PG 3219 *** 9/9/2014 16.A.33.
STATE OF FLORIDA )
)SS: 1
COUNTY OF COLLIER) I
tSil-
The foregoing instrument was acknowledged before me this t day of ,
2012,by Robert Kaufman,Chair of the Ca a Enforcement Board of Collier unty,Florida,who is
personally known to me or who has produced a Florida Driver's License as identification.
A.�.+Y'�wy KRISTINE TWENTE t
,p .,,,'c: Notary Public-State at Florida (114/0a
oi5 ► NOTARY PUBLIC
:, My Comm.Expires run te.2 0 My commission expires:
-'s,� a Commission#EE 87272
I - e,°;it.'� Bonded Through National Notary Assn. P
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by S.Mail to Kenneth
T.Jenkins and Aundrea L.Jenkins,620 Weber B * ' i� 34117 this day of \+an1 ,2012.aNuovit‘-0 .ti �t 4 4011,
C M.Je:.:f•.wso . '
Florida Bar No.7 '311
I.••- e,eRoad .,S. .210
,'•p s Flo •a 4r_
0 -. 74-1: s,
(71 (11C -%,..
1-1-1F, CIV`C
•
Packet Page-1343-