Agenda 09/23/2014 Item #16A179/23/2014 16.A.17
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$431,864.18, for payment of $714.18, in the code enforcement action entitled Board of County
Commissioners v. Jeffrey A. Macasevich, Code Enforcement Board Case No. 2006100314, relating
to property located at 4469 Lakewood Boulevard, 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 $431,864.18, for payment of $714.18, in relation
to Code Enforcement Board Case No. 2006100314.
CONSIDERATIONS: As a result of code violations at 4469 Lakewood Blvd., consisting of a
home completely enclosed with sliding doors and windows without first obtaining all required
Collier County permits, the Code Enforcement Board ordered the imposition of a lien against
Jeffrey A. Macasevich, in Case No. 2006100314. The lien was recorded in the Official Public
Records on October 6, 2008, at O.R. Book 4398, Page 3859, and it encumbers all real and
personal property owned by Jeffrey A. Macasevich. The lien amount of $431,864.18 is based on
2,158 days of accrued fines (Aug. 4, 2008 through June 23, 2014) at $200 per day, plus $264.18
in operational costs.
Following a foreclosure (Case No. 2008 -CA- 3412), a Certificate of Title was recorded on
October 31, 2013 in favor of JP Morgan Chase Bank, NA. The property was then conveyed to
the current owner, Dayneris Gonzalez, on May 14, 2014. The property was brought into
compliance by this new owner on June 23, 2014. 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, the new owner has
diligently pursued abatement, and compliance has been achieved within 30 days of acquisition.
In this case, the new owner abated the violation within approximately 41 days of acquisition,
incurring fines for 10 days (at $200 per day) under this policy. The property is being actively
maintained and the owner has paid $714.18 in accrued fines and costs. The new owner is
requesting a waiver of $431,150 in accrued fines.
FISCAL IMPACT: Payment of $714.18 has been made, representing $450 in fines, plus
$264.18 in operational costs. If approved by the Board, accrued fines in the amount of $431,150
in accrued fines 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
[ 14 -CED- 00912/1107771 /1
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9/23/2014 16.A.17.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $431,150, accept payment amount of $714.18, 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
3) Hardship Letter
[ 14 -CED- 00912/1107771 /1 ]
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9/23/2014 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $431,864.18, for payment of $714.18, in the code enforcement action
entitled Board of County Commissioners v. Jeffrey A. Macasevich, Code Enforcement Board
Case No. 2006100314, relating to property located at 4469 Lakewood Boulevard, Collier
County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/8/2014 8:55:55 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 8/11/2014 11:26:11 AM
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:19:29 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/13/2014 9:23:45 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:16:12 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:55:30 PM
Name: IsacksonMark
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9/23/2014 16.A.17.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:52:47 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 4:33:27 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/25/2014 2:33:51 PM
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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:
Jeffrey A. Macasevich
Respondent
The lien was recorded on October 6, 2008, in Official Records Book 4398, Page 3859, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
thousand sixty -four dollars and eighteen cents ($2,064.18), 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:
Deputy Clerk
Approved as to form and legality
— e'-2111v
Kevin Noell
Assistant County Attorney
By:
Tom Henning, Chairman
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Reta: w wkwow 4'21919'4 OR: 4'398 FG: 3$59
cool JIlo MIff tiCORDIC in the OLLICIA! RECORDS of CQLLIiR CODIti. IL Ric !ti 11.9
240 1 E01SIR0E1D1 ODES BLDG 10/01/2061 at 0315" DiCiET I. Blon. Cull
Il US LL 34101
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA.
Petitioner,
vs.
JEFFREY A. MACASEVICH,
Respondent
CES NO. 2006100314
ORDER IMPOSINf FINEILIEN
THIS CAUSE came on for public hearing before the Board on March 27, 2008, after due notice to
Rent at which time the Board heard testitne}ir ved evidence. and issued its Findings of Fact
and Conchtsicons of Law and thereupon i Order wh' to writing on April 2, 2008 and
furnished to Respondent and was � �u1 Records olii � ur: Florida at OR 4347, PG 0366 .
et. seq. on April 8, 2008. t j
An Affidavit of Non-C b Cade EnfomccmcntO[ficial on
August 4, 2008, which Affidavit c under oath that the regted co(rtctition has not been taken as
ordered...
Accordingly, it having bt en brat :t'ftZ-Qp!' r d "s attar ' Q f dent has not complied with the
Order dated April 2, 2008, it is hereby
ORDERED, that the Respondent, Jeffrey A. Macasevich, pay to Collier County fines in the amount of
57.800 for the period of July 27, 2048 through August 4, 2008 (9 days) at a rate of S200 per day, plus $264.18 for
the operational costs incurred in the prosecution of this cast fora total of 5'_064.18.
IT IS FURTHER ORDERED that the fines and operational oasts 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 162.04
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 Appall shall not MY the Board's Order.
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*** OR: 4398 PG: 3860 It**
f
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutcs, constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
'9
DONE AND ORDERED this I day of 2008 at Collier County, Florida .
STATE OF FLORIDA )
)SS;
COUNTY OF COLLIER)
The foregoing instrument was ac
Lefebvre, Chair of the Code Enforcement
me or ✓ who has produced a Florida•
NYCM"SS"j76jjX
, 0!!S4 V I& 2M I
I HEREBY CERTIFY
Jeffrey A. Macasevich, 4469 U
.Asnty of COLLIER
CODE ENFORCEMENT BOARD.
COLLIER COUNTY. eRJ
B .
crald Lefeb it
2800 North Horseshoe Qi(ve
Naples, Florida 34104
fl-M
vc and correct copy of
E]Alvd., Naples. Florida
HEREBY CERTIFY T14AT this is a ton SW
Offs= amrw a '9*14110 =
Imm Minum 846 08W#j
E"My of
CLP• OF 00 U I DO
�"Oday of nr+ 2008, by Gerald
,*, who is _ personally known to
v sent by U. S. Mail to
day of Q C-1- . . 2008.
"'W
M. Jcs$4awson, Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avcnue.S., Sit. 300
Naples, Florida 34102
(239) 2634206
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11�1 Naples FL
Attention to code enforcement office.
9/23/2014 16.A.17.
06/23/2014
My name is Dayneris Gonzalez, I am the owner of the house
4469 Lakewood Blvd. Naples FL 34112.
1 am writing this letter to explain my delete for the removal of
the wall and installment of the 2 hurricane doors (having the
lanai back to its original version ).
I did the closing on the house the 14 of May 2014, 1 did not
know that the title of the house was recorded till the 23 of
May.
The survey of the house was done the 30 of May.
We did apply for the permit and we receive the approval the 6
of June 2014.
The 18 June 2014.1 had the inspection at the house, and only
the plumbing pass.
The 19 June 2014 the final construction and the impact doors
pass the inspection, but not the electrical.
I could not made an appointment for the 20 so the first
available date was the 23 of June and the inspection pass.
I hope this delete will be take in consideration, is all new for
me.
Thank you for your time and best regards.
Dayneris Gonzalez
f
t
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