Agenda 12/11/2012 Item #11F12/11/2012 Item 11. F.
EXECUTIVE SUMMARY
Recommendation to deny a lender's offer of settlement in the Code Enforcement Action
entitled Board of County Commissioners vs. Tricia Jenks, Code Enforcement Case
Number CESD20090001470, relating to property located at 830 3rd Street NW, Collier
County, Florida, as contrary to Resolution 201246.
OBJECTIVE: That the Board of County Commissioners (BCC) adhere to BCC Resolution
2012 -46 in regard to Code Enforcement Board case number CESD20090001470.
CONSIDERATIONS: As a result of code violations at 830 3rd Street NW, the Code
Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner Tricia Jenks in
Code Enforcement Case Number CESD20090001470. The lien was recorded in the Official
Public Records on July 7, 2010, at O.R. Book 4583, Page 2803, and the lien encumbers all real
property owned by Tricia Jenks. The fine amount of $124,400 is based on accrued fines for the
non- compliance period of 622 days at $200 per day pertaining to a garage built on the property
without permits. A Special Warranty Deed was recorded to the lender, Residential Credit
Solutions, Inc. on April 26, 2011. A lender brought the property into compliance on January 31,
2012.
On March 13", 2012, the Board updated their policy and provided direction for fine waivers.
Pursuant to the Board of County Commissioner's Resolution 201246, all the fines that accrued
prior to transfer of title and thirty days following transfer of title would be considered for waiver
once the property is in compliance and the new owner diligently pursued compliance. Board
policy has resulted in code enforcement fine waivers of more than eight million dollars since
July 2008. Pursuant to BCC Resolution 201246, $74,000 in fines is eligible for a waiver;
$50,400 is due. Operational costs in the amount of $83.15 have been paid.
FISCAL IMPACT; The lender has offered $25,000, ,which is not in adherence to BCC
Resolution 2012 -46. The amount due, pursuant to the Board's Resolution is $50,400. Fines in
the amount of $74,000 are eligible for waiver under the Board's policy.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. -JW
RECOMMENDATION: That the settlement offer be denied pursuant to Board policy and
consistent with past actions of the Board.
Prepared by: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachments: Resolution 2012 -45 and Property Appraiser Detail
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F.
12/11/2012 Item 11.F.
Item Summary: Recommendation to deny a lender's offer of settlement in the Code
Enforcement Action entitled Board of County Commissioners vs. Tricia Jenks, Code Enforcement
Case Number CESD20090001470, relating to property located at 830 3rd Street NW, Collier
County, Florida, as contrary to Resolution 2012 -46. (Diane Flagg, Code Enforcement Director)
Meeting Date: 12/11/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
11/15/2012 2:42:11 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 11/15/2012 6:17:21 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/16/2012 2:03:54 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/26/2012 11:06:58 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/28/2012 11:52:09 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/29/2012 12:15:28 PM
Name: KlatzkowJeff
Title: County Attorney
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Date: 11/29/2012 1:45:18 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 2:25:26 PM
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12/11/2012 Item 11. F.
12/11/2012 Item 11. F.
RESOLUTION NO. 2012 - 4 6
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING
RESOLUTION NO. 2010 -1019 AUTHORIZING THE DIRECTOR OF THE
CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE OF THE
COUNTY MANAGER, TO UTILIZE A COLLECTION AGENCY FOR
THE COLLECTION OF CODE ENFORCEMENT LIENS; TO
RECOMMEND SETTLEMENT OF CODE ENFORCEMENT LIENS,
USING SPECIFIED CRITERIA; TO EXECUTE AND RECORD
SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN.
CERTAIN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS
NECESSARY TO THE SETTLEMENT OF CODE ENFORCEMENT
LIENS.
WHEREAS, Article. VIII, Section 1, Fla. Const., provides the Board of County
Commissioners (hereinafter `Board ") as ,the governing body of Collier County, with powers of
self - government as provided for by general or special law; and
WHEREAS, certain of these powers have been enumerated in Section 125.01(1), Fla.
Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and
prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the
power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or
incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall
be liberally construed in order to effectively carry out the purposes of this section and to secure
for the counties the broad exercise.of home rule powers; and
WHEREAS, the County Manager is responsible for the administration of all departments
of the county government which the Board has authority to control pursuant to Chapter 125, Part
III, the general laws of Florida and other applicable legislation; and
WHEREAS, the Director of Code Enforcement is charged with the responsibility of
enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code
of Collier County;
WHEREAS, pursuant to Chapter 162, Fla. Stat., the Collier County Code Enforcement
Board and Special Magistrate may, upon factual findings of a violation and the violator's failure
to correct or abate the violation pursuant to a previous Order by the Code Enforcement Board or
Special Magistrate, impose fines, and costs to repair, by virtue of an Order Imposing Fine /Lien;
and
WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board or
Special Magistrate may authorize the Office of the County Attorney to foreclose the lien or to
sue to recover a- money judgment for the amount of the lien in the event the fine /lien remains
unpaid three months after recording of the Order Imposing Fine/Lien; and
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12/11/2012 Item 11.F.
WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court
for enforcement of the order imposing fine and further provides for execution and levy to the
same extent as a civil judgment; and ^
WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not
effective methods for the recovery of code enforcement liens; and
WHEREAS, the use of a collection service has proven effective for recovering other
types of fines and/or assessments, and often presents the only cost- effective means of obtaining
partial or total recovery of liens; and
WHEREAS, a collection agency will typically require thirty percent (30 %) of all
amounts collected as compensation for its efforts; and
WHEREAS, the use of a collection agency for the collection of code enforcement liens
is a proper, and lawful manner of enforcement by the County and in the best interest of the
public; and
WHEREAS, the County is required to prepare and record a satisfaction or release of
code enforcement liens as well as a satisfaction of judgments for civil code infractions in every
instance where a lien or civil judgment has been paid; and
WHEREAS, the County wishes to establish criteria for the compromise, settlement and
satisfaction of code enforcement. liens and has determined that the policy set forth in this
Resolution is in the best interest of the County.
WHEREAS, the Board finds that the collection of code .enforcement liens by the
Director of Code Enforcement under the criteria set forth herein is reasonable and in the best
interest of the public.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Utilizing the most cost- effective means of enforcing and collecting code
enforcement fines and liens imposed by the Collier County Code Enforcement Board or Special
Magistrate is in the best interest of the County. It is the intent and purpose of the County in
adopting this Resolution to set forth a policy dictating a means of enforcement and collection
under circumstances where it is neither feasible nor cost - effective to pursue foreclosure or other
legal proceedings for the collection of these fines or liens.
2. To this end, the Director of Code Enforcement Department is hereby authorized
to collect code enforcement liens through the services of an independent debt collection
company. This authority may only be exercised when all of the following conditions have
occurred.
A. A certified copy of the Order Imposing Fine /Lien has been recorded in the public
records of Collier County; and
B. Three months have passed since the recording of the Order Imposing Fine /Lien
and the lien remains unpaid.
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12/11/2012 Item 11. F.
3. The Director of the Code Enforcement Department shall have the authority to
procure the services of an independent collection service company (hereinafter "Collection
Agent ") whose services provide for payment to the Collection Agent based on a percentage of
^ the amount recovered. This percentage shall not exceed thirty-percent of the recovery. Under no
circumstances may the Collection Agent negotiate the lien amount to be paid.
4. The Director of the Code Enforcement Department may recommend settlement of
those code enforcement liens, upon consideration of specific criteria set forth herein, and may
prepare certain documents necessary in the execution of this authority, subject to Board
approval.
4.1 Before a code enforcement lien settlement recommendation is made to the Board,
the following conditions must be taken into consideration:
A. Fine/lien amount is fixed and no longer accruing on a periodic basis.
B. Underlying violation(s) resulting in the fine /lien has been abated or corrected.
C. History of violations involving the offering party.
D.
r-� E
Extent to which payment of the full lien amount would impose a severe financial
hardship on the:property owner; fines accrued by an existing owner would be
considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved.
F. The amount recovered will equal or exceed the costs and expenses incurred by the
County in prosecuting the violation and obtaining, recording, and enforcing the
fine /lien.
4.2 All liens, excluding any that have been fully paid, must be formally released with
the approval of the Board of County Commissioners.
4.3 Once a code enforcement lien has been compromised by Board approval and full
payment of the compromised amount has `been received by the County, as verified by the
Director, or his/her designee, a Satisfaction and /or Release of Lien shall be prepared for the
Board Chairman's signature. Within thirty (30) days of Board approval, the Director, or his/her
designee, shall effectuate recording of the releasing instrument.
4.4 To the extent that other documents are 'needed to effectuate any action taken by
the Director pursuant to this Section, the Director is authorized to prepare and execute such.
documents. This provision shall not be construed as permitting or authorizing the Director. to
exercise any authority in violation of Florida law or County policy and law, but rather is intended
�-. to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien
compromise contemplated by this Section.
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12/11/2012 Item 11. F.
5. The Director is further authorized to prepare and execute on behalf of the County
Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued
pursuant to part II, Chapter 162, Florida Statutes. Director, or her/his staff, shall verify that full
payment has been received by the Clerk's Office or other County agency. The Office of County
Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency
.prior to recording. After approval by the Office of County Attorney, the Director, or her/his .
designee, shall effectuate recording of the instrument.
6. The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise "of the authority granted herein.
7. Nothing contained herein is intended or shall be construed to create any rights,
`entitlements or remedies to the enforcement and collection of a code enforcement lien in. a
particular manner by any person or entity. It is the intent of the Board to merely articulate a
means of compromise and, collection when doing so is in the best interest of the County and a
more cost effective means of collecting a code enforcement lien. The recommendation of
whether a lien should be compromised or subjected to collection through a collection agency is
made at the discretion of the Director of Code Enforcement.
8. The Director of the Code Enforcement Department, or his/her designee, may
record the Release and Satisfaction of Lien for those code enforcement liens which have been
fully, paid.
BE IT FURTHER RESOLVED THAT if one or more of the provisions of this policy
should be held contrary to. any provisions of law or contrary to public policy, or shall for
whatever reason be held invalid, then such provision shall be null and void and shall be deemed
severable from the remaining provisions of this Policy and in no way shall affect the validity of
all other provisions of this policy.
BE IT FURTHER RESOLVED THAT this policy shall become effective immediately
upon the adoption of this Resolution, and it shall replace and supersede Resolution 2010 -101.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favori ng
same this the /34u day of P arch_ , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
tti"Z
l ,
By:
pit. •t4 to. C4--,-.- t4y Clerk FRED W. COYLE, CHAI
Approved as to Torm
and legal sn€'iciencrd'` ~
r1 =}
Jeff Wright
Ass`i'stant County Attorney
4
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12/11/2012 Item 11. F.
I i
i Parcel No. 13 7 115960008 I 11 AS-1 ite - 1830 3RD ST NW
Name /
Address
RESIDENTAIL.CR SOLUTIONS INC
4282 NORTH FWY
City
FORT WORTH Zip 176137-5021
Change of
Address Form
Map No. I Strap No. Section 1 Township 1 Range I Acres *Acreage 1
4C04 328600 92 04C04 4 49 5
Legal GOLDEN GATE EST UNIT 11 TR 92
Latest Sales History
*See Instructions for
Calculations
2012 Certified Tax Roll
(Subject to Change)
If all Values shown below equal 0 if this parcel
was created after the Final Tax Roll
Land Value $42,500
�Improved Value $_368,943
Market Value $411,443
SOH & other Exe!ppt. $0
L ( =) Assessed Value $411,443
Homestead & other Exempt. $0
4
Taxable Value $411,443
'L MSchool Taxable Value $ 411,4431
SOH = "Save Our Homes" exempt value due to cap on
assessment increases.
http://www.collierappraiser.com/Main S Packet Page -1796- htnil?FolioID=37115960008 11/28/2012