Agenda 09/23/2014 Item #16A199/23/2014 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a net accrued value of
$64,579.84 for payment of $679.28, in the code enforcement action entitled Board of County
Commissioners vs. Walter David Crawford, Special Magistrate Case No. CEPM20140000371,
relating to property located at 270 Sugar Loaf Lane, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with a net accrued value of $64,579.84, for payment of $679.28, in
relation to Special Magistrate Case No. CEPM20140000371.
CONSIDERATIONS: As a result of a code violation at 270 Sugar Loaf Lane, for lack of
running water to an occupied dwelling, the Special Magistrate ordered the imposition of a lien
against Walter David Crawford, in Case No. CEPM20140000371. The lien was recorded in the
Official Public Records on April 16, 2014, at O.R. Book 5027, Page 2285, and it encumbers all
real and personal property owned by Walter David Crawford. The net accrued lien value of
$64,579.84 is based on 150 days of accrued fines (February 11, 2014 through July 11, 2014), at
$500 per day, plus operational costs of $229.28, less $10,649.44 received in conjunction with a
tax deed sale.
On June 10, 2014, Three JJF Trust acquired title to the property via tax deed sale. By July 11,
2014, the new owner had brought the property into compliance by removing occupants from the
dwelling.
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, Three JJF Trust, has paid $679.28 in fines and operational costs. They are now
requesting a waiver of $63,900.56 in accrued fines.
FISCAL IMPACT: Payment of $679.28 has been made, representing $450 in fines, plus
$229.28 in operational costs. If approved by the Board, accrued fines in the amount of
$63,900.56 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 accrued fines in the
amount of $63,900.56, accept payment in the amount of $679.28, release the lien, and authorize
the Chairman to sign the attached release and satisfaction of lien for recording in the Official
Public Records.
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9/23/2014 16.A.19.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: 1) Release and Satisfaction of Lien
2) Lien Order
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9/23/2014 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve the release of a code enforcement lien with
a net accrued value of $64,579.84 for payment of $679.28, in the code enforcement action
entitled Board of County Commissioners vs. Walter David Crawford, Special Magistrate Case
No. CEPM20140000371, relating to property located at 270 Sugar Loaf Lane, Collier County,
Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/12/2014 3:14:00 PM
Approved By
Name: WrightTeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:49:31 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Enviro
Date: 8/13/2014 4:04:02 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/13/2014 4:23:45 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:39:52 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/21/2014 4:34:49 PM
Name: KlatzkowJeff
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9/23/2014 16.A.19.
Title: County Attorney,
Date: 8/22/2014 8:50:18 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/22/2014 10:59:21 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/25/2014 12:41:35 PM
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9/23/2014 16.A.19.
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:
Walter David Crawford
Respondent
The lien was recorded on April 16, 2014, in Official Records Book 5027, Page 2285, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty -six thousand seven hundred twenty -nine dollars and twenty -eight cents ($26,729.28),
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
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Tom Henning, Chairman
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INSTR 4969556 OR 5027 PG 2285 RECORDED 4/16/2014 4:11 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20140000371
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
ETM
WALTER DAVID CRAWFORD,
Respondent.
9/23/2014 16.A.19.
THIS CAUSE came efo the Spiali for bIi hearing upon the Petitioners
Motion for Imposition of F' 1 S ial Magistrate, having heard
testimony under oath, receiv i rce e t e to alt appropriate matters,
hereupon issues its Findings o Fad ial follows:
FINDINGS OF T
1. On February 7, 2014, Re found guilty a dl`at n of Collier County Code of Laws
and Ordinances, Chapter 22, a ar no running water to occupied
dwelling, which violation occu at 270 Sugar Loaf Lane, Naples, FL,
Folio #81626560008 (Legal Description: WIND ESTATES CONDOMINIUM UNIT
164).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 10, 2014, or a fine of $500.00 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 5010, PG 3509).
3. Operational costs of $115.40 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 2007 -44, as amended, has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
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* ** OR 5027 PG 22$6 * ** 9/23/2014 16.A.19.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 200714, as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $500.00 per day are assessed against Respondent for 53 days for the period from
February 11, 2014 to April 4, 2014, for a total amount of fines of $26,500.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.40.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$113.88.
E. Respondent is ordered to pay fines and costs in the total amount of $26.729.28 or be subject to
Notice of Assessment of Lien against all ro rties owned by Respondent in Collier County,
Florida. � R C0 T
F. The daily fine of $500.00 nue tv accrue ants aj ent has been confirmed by a Collier
County Code Enforceme In ti tar.
n Co LL ODE ENFORCEMENT
SPECIAL TE'
TAE CI�C�
C.
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 afinal 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.
State of t- 10i
County of COLLIER
; is a true and
file in
Collier County
kseal this
cc: Respondent — Walter David Crawford
Collier Co. Code Enforcement Dept.
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