Agenda 10/28/2014 Item #16A2210/28/2014 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$44,236.80, for payment of $1,036.80, in the code enforcement action entitled Board of County
Commissioners v. Amerada Hess, Corp., Code Enforcement Board Case No. 2005 -38, relating to
property located at 6300 Davis Blvd., 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 $44,236.80, for payment of $1,036.80, in relation to Code
Enforcement Board Case No. 2005 -38.
CONSIDERATIONS: As a result of a code violation at 6300 Davis Blvd., consisting of the addition of
panels to a pole sign without a valid Collier County permit, the Code Enforcement Board ordered the
imposition of a lien against Amerada Hess Corp. in Case No. 2005 -38. The lien was recorded in the
Official Public Records on February 20, 2006, at O.R. Book 3985, Page 0733, and it encumbers all real
and personal property owned by Amerada Hess Corp. The accrued lien amount of $44,236.80 is based on
291 days of accrued fines (December 20, 2005 through October 6, 2006) at $150 per day, plus $586.80 in
operational costs.
A special warranty deed was recorded on July 10, 2014 in favor of Hess Retail Stores, LLC. The property
was brought into compliance on October 6, 2006.
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 (in this case, compliance was achieved
approximately. The property is being actively maintained and the owner has paid $1,036.80. Hess Retail
Stores, LLC is requesting a waiver of $43,200 in accrued fines.
FISCAL IMPACT: Payment of $1,036.80 in accrued fines has been made, representing $450 in fines
and $586.80 in operational costs. If approved by the Board, accrued fines in the amount of $43,200
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
$43,200, accept payment in the amount of $1,036.80, 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
Attachments: l ) Release and Satisfaction of Lien
2) Lien Order
114 -CED- 00945/1121 178/1
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10/28/2014 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
an accrued value of $44,236.80, for payment of $1,036.80, in the code enforcement action
entitled Board of County Commissioners v. Amerada Hess, Corp., Code Enforcement Board Case
No. 2005 -38, relating to property located at 6300 Davis Blvd., Collier County, Florida.
Meeting Date: 10/28/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/1/2014 4:23:04 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 10/2/2014 9:54:10 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/2/2014 11:13:43 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/2/2014 4:43:54 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/13/2014 9:19:20 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 10/14/2014 9:21:10 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
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Date: 10/15/2014 1:08:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 2:50:16 PM
10/28/2014 16.A.22.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/18/2014 3:27:19 PM
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10/28/2014 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:
Amerada Hess Corp.
Respondent
The lien was recorded on February 20, 2006, in Official Records Book 3985, Page 0733, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand two hundred twenty -six dollars and eighty cents ($5,226.80), 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
0
By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
AMERADA HESS, CORP.,
Respondents
THIS CAUSE came on for p ing before the Doi
Respondent at which time the Bo he s ny
and Conclusions of Law and then d
November 23, 2005 and furnish tQ R sp d t
Florida at OR 3941, PG 0961, et. sexp November 23, 2005.
' An Affidavit of Non-Comp e' j s been filed with the
December 20, 2005, which Affidavit r
v�
ordered. 1-1F C
10/28/2014 16.A.22.
CEB NO. 2005-38
3787988 OR: 3985 PG: 0733
RSCORDSD iD OIIICIAL ucons of COLLIER cm, n
02/20/2006 at WSW DWIGHT E. BROCI, CLSRI
RSC M 18.50
Retmirri: SHIRES! GUCIII
COLLAR COOM CODS WICUT
rytWORSSSHOS DR
:�L 34104
5kPt tuber 22, 2005, after due notice to
` - evrdence, and issued its Findings of Fact
`ed tt writing nunc pro tunc on
Nc �eeords of Collier County,
lie Code Enforcement Official on
irrective action had not been taken as
Accordingly, it having been brought to the Board's attention that Respondent has not complied with the
Order dated November 23, 2005, it is hereby
ORDERED, that the Respondent, Amerada Hess, Corp., pay to Collier County fines in the amount of
$4,650.00 from December 20, 2005 through January 20, 2006 at VSO per day (Item 3) and $586.80 for the
operational costs incurred in the prosecution of this case for a total of 55,226.80.
IT IS FURTHER ORDERED that the fines and operational costs 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 162.09
Florida Statutes.
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10/28/201416.A.22.
* ** OR: 3985 PG: 0734 * **
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 Appeal shall not stay the Board's Order,
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property described in Exhibit "A"anndlor any other real or personal property owned by Respondents.
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DONE AND ORDERED this 2ay of _5" 1. , 2006 at Collier County, Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrum
Raymond Bowie, of the (
known to me or who has
CHFtt 't_ DD 24171
MY �µlSS10N / DD 2
ExpIRE5: t
CODE ENFORCEMENT BOARD
i;@ wie, Acting Chair
eshoe Drive
l� Naples' 11 j 04
k le jore �thi iT y of ( , -)C� • 2006, by
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who is person
a Florida Driver's Li44se as We etc iOIL
NOT LIC
f' e�r►m}tssion expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to CT
Corporation System, Reg. Agent, 1200 South Pine Island Road, Plantation,� Florida 3332.4-and to Arnczada Hess
Corp., Property Owner, 6300 Davis Blvd., Naples, Florida 34104 this day of fehriz,7pq 2006.
state of t LORIUA
;Aunty of COLLSO .
I H EREBY CgV0t -..ART fps is a two*
correct copy bt o'ti0eutt49ttt Q!t file In
Board M161fts and Reogms t -00111 r
LTNESS arty tl and ,off dAl ! a"
faL day ,Qr
Tr
DWIGHT E. "Sl&& G C OF COURT#
ev: O.C.
z
M. Jean ,Ason, Esq.
Florida No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263 -8206
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