Agenda 09/23/2014 Item #16A229/23/2014 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a present accrued value of
$54,550, for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Taylor Bean and Whitaker Mortgage Corp., Special Magistrate Case No.
CEPM20120012329, relating to property located at 717 Crossfield Circle, 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 $54,550, for payment of $450, in relation to
Special Magistrate Case No. CEPM20120012329.
CONSIDERATIONS: As a result of a code violation at 717 Crossfield Circle, for an
unmaintained pool and damaged screen enclosure panels and front door, the Special Magistrate
ordered the imposition of a lien against Taylor, Bean, and Whitaker Mortgage Corp., in Case No.
CEPM20120012329. The lien was recorded in the Official Public Records on July 17, 2013, at
O.R. Book 4944, Page 3737, and it encumbers all real and personal property owned by Taylor,
Bean, and Whitaker Mortgage Corp. The lien amount of $54,550 is based on a total of 220 days
of accrued fines (Dec. 15, 2012 through Feb. 21, 2013, or 69 days, to clean the pool; and Dec.
15, 2012 through May 14, 2013, or 151 days, to fix the remaining violation), at $250 a day, less
$450 in fines. The County's abatement and operational costs of $1,555.06 were previously paid,
in connection with a partial release of this same lien on another property (see O.R. Book 5021,
Page 3498).
The current owner took title on Dec. 31, 2013, as the result of a foreclosure (Case No. 2008 -CA-
4523). The property was brought into full compliance on May 14, 2013. The County's lien for
this property was filed after the foreclosure Hs 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 a $450 fine, and the County's costs were previously recouped. The owner is
requesting a waiver of $54,100 in accrued fines.
FISCAL IMPACT: Payment of a $450 fine has been made, and all costs were previously
recouped. If approved by the Board, accrued fines in the amount of $54,100 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 $54,100, accept payment amount of $450, release the lien, and authorizes the
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9/23/2014 16.A.22.
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
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9/23/2014 16.A.22.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to approve the release of a code enforcement lien with
a present accrued value of $54,550, for payment of $450, in the code enforcement action
entitled Board of County Commissioners v. Taylor Bean and Whitaker Mortgage Corp., Special
Magistrate Case No. CEPM20120012329, relating to property located at 717 Crossfield Circle,
Collier County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/12/2014 3:57:26 PM
Approved By
Name: Wrightleff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:49:52 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Enviro
Date: 8/13/2014 5:07:03 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/14/2014 8:11:06 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:40:18 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:59:05 PM
Name: IsacksonMark
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9/23/2014 16.A.22.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:54:42 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 4:35:08 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/25/2014 2:33:37 PM
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9/23/2014 16.A.22.
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:
Taylor Bean and Whitaker Mortgage Corp.
Respondent
The lien was recorded on July 17, 2013, in Official Records Book 4944, Page 3737, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty -
six thousand five hundred fifty -five dollars and six cents ($56,555.06), 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 4866550 OR 4944 PG 3737 RECORDED 7/17/2013 8:29 AM PAGES 3 9/23/2014 16.A.22.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
, ,,.,
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20120012329
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
TAYLOR, BEAN, AND WHITAKER
MORTGAGE CORP.,
Respondent.
f V o
THIS CAUSE came befbi,+ t }S ,ltai ira yr ulblic�jhearing upon the Petitioner's
Motion for Imposition of Fine/Lisn r y0 a{d ttseS}iial. Magistrate, having heard argument
respective to all appropriate hkztt s, nc!p zpbn issu�stuts Fi itlgs icy f act and Order of the Special
Magistrate, as follows: ; �- �` '` —'J —
%T
`% FINDrNGS' OF t 4`
1. On December 7, 2012, RespoQ& found guil }� `;V laiion of Collier County Code of Laws
and Ordinances, Chapter Z, A`T14 e o 73 ubsections 12k, 12n, and 15 for screen
panels missing/tom for pool enclosure, sing hardware, and unmaintained.
swimming pool, which violation occurred on the property located at 717 Crossfield Circle,
Naples, FL Folio #56570005408 (Legal Description: MAPLEWOOD UNIT 3 LOT 105).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 14, 2012, or a fine of $250.00 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 4868, PG 1963).
3. Operational costs of 5112.56 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. Part B of the Order has been abated as of February 21, 2013 and Part D of the Order has been
abated as of May 14, 2013.
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OR 4944 PG 3738 9/23/2014 16.A.22.
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 S250.00 per day are assessed against Respondent for 69 days
for the period from December 15, 20I2 to February 21, 2013, for a total amount of fines of
S17,250.00.
C. Part D of the Order. Daily fines of 5250.00 per day are assessed against Respondent for 151 days
for the period from December 15, 2012 to May 14, 2013, for a total amount of fines of
$37,750.00.
D. Respondent shall pay the previously assessed operational costs of 5112.56.
E. Respondent shalt pay the costs of abatcrnent4ricurrrd by the county in the amount of $1,442.50.
F. Respondent is ordered to payK� its in t e r unt of 556:555.06 or be subject to
Notice of Assessment of nst all properties ovv�c�espondent in Collier County,
Florida.
DONE AND ORDERED this( `U-sliankf i K /U tt l 4013 4:gAlier County, Florida.
`-! LOLL Udti `CODE ENFORCEMENT
4
SPECIAL M • TE
'�A
(:LIND4ACG ON
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 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 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.
cc: Respondent Taylor, Bean, and Whitaker Mortgage Corp.
Collier Co. Code Enforcement Dept.
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