Agenda 09/23/2014 Item #16A209/23/2014 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$33,112.38, for payment of $562.38, in the code enforcement action entitled Board of County
Commissioners v. Daniel W. Sasaki and Julie B. Carlin - Sasaki, Special Magistrate Case No.
CEPM20130000199, relating to property located at 16540 Cellini Lane, 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 $33,112.38, for payment of $562.38, in relation
to Special Magistrate Case No. CEPM20130000199.
CONSIDERATIONS: As a result of a code violation at 16540 Cellini Lane, for an
unmaintained swimming pool, the Special Magistrate ordered the imposition of a lien against
Daniel W. Sasaki and Julie B. Carlin - Sasaki, in Case No. CEPM20130000199. The lien was
recorded in the Official Public Records on December 20, 2013, at O.R. Book 4994, Page 1897,
and it encumbers all real and personal property owned by Daniel W. Sasaki and Julie B. Carlin -
Sasaki. The lien amount of $33,112.38 is based on 132 days of accrued fines (June 15, 2013
through October 24, 2013), at $250 per day, plus $112.38 in operational costs.
Following a foreclosure (Case No. 2013 -CA- 2008), a Certificate of Title was recorded on April
1, 2014 in favor of Deutsche Bank National Trust Company, Trustee. The property was brought
into compliance by the lender /owner on October 24, 2013. 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 $562.38 in fines and operational costs. Deutsche Bank National Trust Company
is requesting a waiver of $32,550 in accrued fines.
FISCAL IMPACT: Payment of $562.38 has been made, representing $450 in fines and
$112.38 in operational costs. If approved by the Board, accrued fines in the amount of $32,550
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 accrued fines in the
amount of $32,550, accept payment amount of $562.38, release the lien, and authorizes the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
[I 4-CED-00919/1108455/11
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9/23/2014 16.A.20.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: 1) Release and Satisfaction of Lien
2) Lien Order
[ 14 -CED- 0091 9/1 1 08455/1 ]
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9/23/2014 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $33,112.38, for payment of $562.38, in the code enforcement action
entitled Board of County Commissioners v. Daniel W. Sasaki and Julie B. Carlin- Sasaki, Special
Magistrate Case No. CEPM20130000199, relating to property located at 16540 Cellini Lane,
Collier County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/12/2014 3:50:09 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:49:38 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Enviro
Date: 8/13/2014 4:51:42 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/14/2014 8:10:49 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:40:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:58:51 PM
Name: IsacksonMark
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9/23/2014 16.A.20.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:54:18 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 4:35:00 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/25/2014 2:33:44 PM
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9/23/2014 16.A.20.
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:
Daniel W. Sasaki and Julie B. Carlin- Sasaki
Respondents
The lien was recorded on December 20, 2013, in Official Records Book 4994, Page 1897, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirty -three thousand one hundred twelve dollars and thirty -eight cents ($33,112.38), 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
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INSTR 4926843 OR 4994 PG 1897 RECORDED 12/20/2013 4:19 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. — CEPM20130000299
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DANIEL W. SASAKI AND
JULIE B. CARLIN- SASAKI,
Respondent.
co
9/23/2014 16.A.20.
THIS CAUSE came Pefo F e qr blidy hearing upon the Petitioner's
Motion for Imposition of Fin s/L n o e b , 0 t e Special Magistrate, having heard
' a
argument respective to all ap ro 'a e i iss s its�F�indings of Fact and Order of the
Special Magistrate, as follows: -� ,1-
FINDINGS OF T
1.. On June 7, 2013, Responds t and guilty of vi i Collier County Code of Laws and
LF
Ordinances, Chapter 22, Artic an unmaintained pool, which
violation occurred on the property a lini Lane, Naples, FL, Folio
#59960214262 (Legal Description: MEDITERRA PHASE THREE EAST UNIT TWO BLK E
LOT 12).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June I4, 2013, or a fine of 5250.00 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 4937,
PG 130).
3. Operational costs of $112.38 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 2010 -04 has been timely filed.
6. The violation has been abated as of October 24, 2013.
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* ** OR 4994 PG 1898 * **
ORDER
9/23/2014 16.A.20.
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. Daily fines of $250.00 per day are assessed against Respondent for 132 days for the period from
June 15, 2013 to October 24, 2013, for a total amount of fines of $33,000.00.
C. Respondent shall pay the previously assessed operational costs of $112.38.
D. Respondent is ordered to pay fines and costs in the total amount of 533.112.38 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
DONE AND ORDERED this h day @ _ �;QU at Collier County, Florida.
COLLIER CO
SP MAG
i 1 1
CODE ENFORCEMENT
ATE
PAYMENT OF FINES: Any fine s4 (to 3 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 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 - Daniel W. Sasaki and Julie B. Carlin - Sasaki
Collier Co. Code Enforcement Dept. State of Florida
County of COLLIER
I HEREBY CERTIFY THAT.this is a true and
correct copy of a docume<ti,lsn
Board Minutes and Rids tif.s2�t�ier County
YdITN"SS my hand.a0cio fci �sea1 tS?+s
of
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