Agenda 09/23/2014 Item #16A189/23/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$27,438.46, for payment of $1,888.46, in the code enforcement action entitled Board of County
Commissioners v. Camil Camili, Special Magistrate Case No. CEPM20130002097, relating to
property located at 1353 Briarwood Court, 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 $27,438.46, for payment of $1,888.46, in relation
to Special Magistrate Case No. CEPM20130002097.
CONSIDERATIONS: As a result of code violations at 1353 Briarwood Ct., consisting of an
unmaintained swimming pool and a torn screen panel in a pool enclosure, the Special Magistrate
ordered the imposition of a lien against Camil Camili, in Case No. CEPM20130002097. The
lien was recorded in the Official Public Records on August 14, 2013, at O.R. Book 4955, Page
502, and it encumbers all real and personal property owned by Camil Camili. The lien amount
of $27,438.46 is based on 52 days of accrued fines (May 11, 2013 through July 1, 2013) at $500
per day, plus $112.56 in operational costs and $1,325.90 in abatement costs.
Following a foreclosure (Case No. 2009 -CA- 9630), a Certificate of Title was recorded on
September 27, 2013 in favor of BAC Home Loans Servicing, LP. The property was brought into
compliance by the County on July 1, 2013, prior to this new owner taking title. 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 $1,888.46 in fines, operational costs, and abatement costs. In relation to a
pending sale, the owner has requested a waiver of $25,550 in accrued fines and release of the
lien.
FISCAL IMPACT: Payment of $1,888.46 has been made, representing $450 in fines, plus
$112.56 in operational costs and $1,325.90 in abatement costs. If approved by the Board,
accrued fines in the amount of $25,550 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 $25,550, accept payment in the amount of $1,888.46, release the lien, and authorizes
[I 4-CED-009 1 7/1 1 0844 1/11
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9/23/2014 16.A.18.
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) Order of the Special Magistrate Imposing Fines/Lien
[ 14 -CED- 00917/1108441 /I
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9/23/2014 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $27,438.46, for payment of $1,888.46, in the code enforcement action
entitled Board of County Commissioners v. Camil Camili, Special Magistrate Case No.
CEPM20130002097, relating to property located at 1353 Briarwood Court, Collier County,
Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/12/2014 3:13:16 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:49:24 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Enviro
Date: 8/13/2014 3:53:58 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/13/2014 4:23:36 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:39:44 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:54:11 PM
Name: KlatzkowJeff
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9/23/2014 16.A.18.
Title: County Attorney,
Date: 8/21/2014 4:34:41 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 6:01:44 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/25/2014 12:52:44 PM
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9/23/2014 16.A.18.
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:
Camil Camili
Respondent
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 502, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty
seven thousand four hundred thirty -eight dollars and forty -six cents ($27,438.46), 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
_G�1 .Arm
Kevin Noell
Assistant County Attorney
By:
Tom Henning, Chairman
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INSTR 4878128 OR 4955 PG 502 RECORDED 8/14/2013 11:32 AM PAGES 2 9/23/2014 16.A.18.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPM20130002097
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
CAMIL CAMILI,
Respondent.
THIS CAUSE came Ve fo t ial airs "e for bli hearing upon the Petitioner's
Motion for imposition of Fi es i S 'al Magistrate, having heard
argument respective to all la t to s in ings of Fact and Order of the
Special Magistrate, as follows (.�
FINDINGS OF T
I. On May 3, 2013, Respon found guilty of viola ' ollier County Code of Laws and
Ordinances, Chapter 22, Art , tion 22 -2 d (15) for a screen panel that is
su
.ripped/tom on pool enclore a �' g pool, which violation occurred on
the property located at 1353 Briarwo es, FL Folio #24768109326 (Legal
Description: BRIARWOOD UNIT NINE BLK E LOT 7).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 10, 2013, or a fine of $250.00 per clay would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4922,
PG 616).
3. Operational costs of $112.56 incurred by the County in the prosecution of this case have not been
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 2010 -04 has been timely filed.
6. The violation has been abated as of July 1, 2013.
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* ** OR 4955 PG 503 *_ 9/23/2014 16.A.18.
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. Part B of the Order. Daily fines of $250.00 per day are assessed against Respondent for 52 days
for the period from May 11, 2013 to July 1, 2013, for a total amount of fines of $13,000.00.
C. Part D of the Order: Daily fines of $250.00 per day are assessed against Respondent for 52 days
for the period from May 11, 2013 to July 1, 2013, for total amount of fines of $13,000.00.
D. Respondent shall pay the previously assessed operational costs of $112.56.
E. Respondent shall pay the costs of abatement incurred by the county in the amount of $1,325.90.
F. Respondent is ordered to pa fines s I amount of 527.438.46 or be subject to
Notice of Assessment of Lien IV Y$ by Respondent in Collier County,
Florida. T
DONE AND ORDERED thi f!1 t C Bier County, Florida.
-� ODE ENFORCEMENT
l ✓, SPEC G TE
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order maybe 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 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 transcnbed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Specia111tie °t�sdrder.
County of COLLIER
cc: Respondent —Camil Camili 4
Cattier Co. Code Enforcement Dept. l HEREBY CERTIFY TNA�'tttiS �s a file andw
txrrrect copy of a document o i�la�n
Board Minutes and iigco>ds'o# ColiierCounI
WfTN SS my hand and oriicial seal this ,
13 day of
DWIGHT E. BROCK, CI EJ*0 TS
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