Agenda 03/22/2011 Item #16A3
3/22/2011 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of four Liens and one
Order in the Code Enforcement Actions entitled Board of County Commissioners
vs. Marion Smith and James A. Seals, relating to property located at 5408 Carlton
Street, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of
four liens and one Order in relation to the Code Enforcement Board (CEB) actions
entitled Board of County Commissioners vs, Marion Smith and James A. Seals,
CONSIDERA nONS:
CEB Case No, 2001-056: On June 28, 2001, the CEB found Respondents in violation
of the Collier County Code of Laws and Ordinances for litter in the rear yard on the
property, A written order was recorded on July 17, 2001 at OR, Book 2885, Pages
1541-1543,
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Respondents were ordered to correct the violations on or before July 12, 2001, or a fine
of $25 per day would be imposed until compliance had been met. The property was
brought into compliance by the Respondents on July 10, 2001, and no fines were
imposed, Respondents were assessed operational costs in the amount of $393,86,
Based on the above order, the CEB entered a lien order for operational costs only,
which was recorded on August 23, 2001, at O,R, Book 2888, Page 1510, of the Official
Public Records of Collier County,
OSM Case No, 2006030815: On July 21, 2006, the Code Enforcement Special
Magistrate found Respondents in violation of the Code of Laws and Ordinances for
having unlicensed/inoperable vehicles on their residential property, A written order was
recorded on August 2,2006, at OR, Book 4081, Page 2827,
Respondents were ordered to correct the violations on or before August 21, 2006, or a
fine of $50 per day would be imposed until compliance had been met. Respondents
were also assessed operational costs in the amount of $126.22,
Based on the above order, the Special Magistrate entered a lien order, which was
recorded on February 28, 2007, at OR, Book 4190, Page 0574, of the Official Public
Records of Collier County,
The property was brought into compliance on September 6, 2006, Based on accrued
fines for the noncompliance period of 16 days at $50 per day, the accrued lien amount
is $926.22 which includes $126,22 for operational costs,
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OSM Case No, 2006050912: On August 22, 2006, the Special Magistrate found
Respondents in violation of the Collier County Code of Laws and Ordinances for
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3/22/2011 Item 16.A.3.
accumulation of litter. A written order was recorded on September 6, 2006, at OR,
Book 4101, Page 0165,
Respondents were ordered to correct the violations on or before August 29, 2006, or a
fine of $100 per day would be imposed until compliance had been met. Respondents
were also assessed operational costs in the amount of $132,23,
Based on the above order, the Special Magistrate entered a lien order, which was
recorded on February 16, 2007 at OR, Book 4190, Page 0568, The property was
brought into compliance on September 25, 2006, Based on accrued fines for the
noncompliance period of 27 days at $100 per day, the accrued lien amount is $2,832,23
which includes $132.23 for operational costs,
OSM Case No; 2006060001: On August 22, 2006, the Special Magistrate found
Respondents in violation of the Code of Laws and Ordinances for failure to register
rental property, A written order was recorded on September 6, 2006, at OR, Book
4101, Page 0149,
Based on the above order, the Special Magistrate entered a lien order, which was
recorded on February 28, 2007 at OR, Book 4190, Page 0572, of the Official Public
Records, Respondents were ordered to correct the violations on or before August 29,
2006, or a fine of $25 per day would be imposed until compliance had been met.
Respondents were also assessed operational costs in the amount of $123,99,
The property was brought into compliance on March 6, 2008, Based on accrued fines
for the noncompliance period of 381 days at $25 per day, the accrued lien amount is
$9,648,99, which includes $123,99 for operational costs,
OSM Case No, 2006050608: On July 6, 2007, the Special Magistrate found
Respondents in violation of the Code of Laws and Ordinances for multiple minimum
housing code violations, A written order was recorded on August 10, 2007, at OR,
4268, Page 3914,
The order required Respondents to correct the violations on or before July 11, 2007, or
a fine of $500 per day would be imposed until compliance had been met. Respondents
were also assessed operational costs in the amount of $240,52, Based on accrued
fines for the noncompliance period of 1,314 days at $500 per day, the accrued amount
under the order is $657,240,52,
In addition to these orders, three citations were entered in 2006 and 2007 for litter and
illegal water connections, respectively, Also, a nuisance abatement case in 2010
resulted in fines against the property, Together, these four cases resulted in
approximately $1,000 in fines and costs on the property,
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3/22/2011 Item 16.A.3.
On July 27, 2009, Bank of America, NA, mortgagee, took title to the property via
foreclosure, On May 26, 2010, Bank of America filed a quit claim deed to transfer title
to the Collier County Board of County Commissioners,
On December 14, 2010 (Item #16,E,4), the Board accepted the quit claim deed and
approved the transfer of title to Habitat for Humanity of Collier County, The County has
abated the violation by demolishing the structure at 5408 Carlton Street Habitat for
Humanity has paid $8,140 for demolition costs and $2,018.49 for operational costs for a
total hard cost reimbursement to the County in the amount of $10,158.49, All past due
taxes and assessments are to be paid by Habitat for Humanity at closing, Closing is
scheduled to take place prior to March 31, 2011,
Habitat for Humanity of Collier County is requesting a waiver of accrued fines in the
amount of $674,300, and release of the orders, as described above,
FISCAL IMPACT: None, The County was reimbursed for all the hard costs including
the cost of demolition, Accrued fines in the amount of $674,300 will be waived,
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 Board waive the fines and release the orders as
detailed herein, and by approval of this item, authorize the Chairman to sign the
attached releases,
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation,
ATTACHMENTS: Five Releases
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3/22/2011 Item 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16A3,
Item Summary: Recommendation to approve the Release of Liens and Satisfaction of four
Liens and one Order in the Code Enforcement Actions entitled Board of County Commissioners
vs, Marion Smith and James A, Seals, relating to property located at S408 Carlton Street, Collier
County, Florida,
Meeting Date: 3/22/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforce
2/24/201 I 4:45:53 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 3/2/2011 3:05:20 PM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 3/2/20117:04:19 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/3/201 I 7:50:43 AM
Name: FedcrNonn
Title: Administrator - Growth Management Div, Transportati
Date: 3/3/2011 10:49:40 AM
Name: WrightJeff
Titlc: Assistant County Attorney,County Attorney
Date: 3/11/2011 8:29:44 AM
Name: KlatzkowJeff
Title: County Attorney,
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3/22/2011 Item 16.A.3.
Date: 3/11/2011 3A2:39 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/14/2011 4:06AO PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 3/14/2011 4:26:18 PM
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3/22/2011 Item 16.A.3.
This Instrument Prepared By:
Jeff E, Wright , Assistant County Attorney
Collier County Attorney's Office
3001 E, Tamiami Trail
Naples, FL 34112
(239) 252-8400
RELEASE AND SATISFACTION OF ORDER
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain recorded interest against real and personal property owned by:
Marion Smith and James A Seals, Respondents
The recorded interest is an Order of the Special Magistrate, recorded on August 10,
2007, in O.R. Book 4268, Page 3914, et seq., of the Official Records of Collier County,
State of Florida, The Order imposes an obligation to correct certain code violations,
subject to assessment and accrual of monetary penalties, and also orders payment of
operational costs, against real property situated in Collier County, Florida, which
property is described as follows:
5408 Carlton Street, Naples, Florida
Folio No, 62100120006
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Order, acknowledges payment as full satisfaction of the Order and
hereby cancels said Order.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Order in the Official Records of Collier County, Florida, to acknowledge that the Order
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Order, by action of the Board on this day of
,2011.
ATTEST
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W, Coyle, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
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Ass nt County Attorney
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3/22/2011 Item 16.A.3.
This Instrument Prepared By:
Jeff E, Wright , Assistant County Attorney
Collier County Attorney's Office
3001 E, Tamiami Trail
Naples, FL 34112
(239) 252-8400
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:
Marion Smith and James Seals, Respondents
The lien was recorded on February 28, 2007, in Official Records Book 4190, Page
0568, et seq., in the Official Records of Collier County, State of Florida, The lien
secures the principal sum of two thousand eight hundred thirty-two dollars and twenty-
three cents, plus accrued penalties, and imposes certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
5408 Carlton Street, Naples, Florida
Folio No, 62100120006
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels 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.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this day of
,2011,
ATTEST
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
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3/22/2011 Item 16.A.3.
This Instrument Prepared By:
Jeff E, Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E, Tamiami Trail
Naples, FL 34112
(239) 252-8400
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:
Marion Smith and James Seals, Respondents
The lien was recorded on February 28, 2007, in Official Records Book 4190, Page
0572, et seq., in the Official Records of Collier County, State of Florida, The lien
secures the principal sum of four thousand three hundred ninety-eight dollars and ninety-
nine cents, plus accrued penalties, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
5408 Carlton Street, Naples, Florida
Folio No, 62100120006
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels 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.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this day of
,2011,
ATTEST
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred W, Coyle, Chairman
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Je ' right
Assis nt County Attorney
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3/22/2011 Item 16.A.3.
This Instrument Prepared By:
Jeff E, Wright , Assistant County Attorney
Collier County Attorney's Office
3001 E, Tamiami Trail
Naples, FL 34112
(239) 252-8400
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:
Marion Smith and James Seals, Respondents
The lien was recorded on February 28, 2007, in Official Records Book 4190, Page
0574, et seq., in the Official Records of Collier County, State of Florida, The lien
secures the principal sum of nine hundred twenty-six dollars and twenty-two cents, plus
accrued penalties, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
5408 Carlton Street, Naples, Florida
Folio No, 62100120006
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels 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.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this day of
,2011,
ATTEST
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W, Coyle, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
,
ight
County Attorney
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3/22/2011 Item 16.A.3.
This Instrument Prepared By:
Jeff E. Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252-8400
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:
James Seals and Marion Smith, Respondents
The lien was recorded on September 6, 2001, in Official Records Book 2888, Page
1510, et seq., in the Official Records of Collier County, State of Florida, The lien
secures the principal sum of three hundred ninety-three dollars and eighty-six cents, plus
accrued penalties, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
5408 Carlton Street, Naples, Florida
(also described in lien instrument as 5406 Carlton, Lots 1 and 2, Block 12,
Naples Manor Addition, as per plat thereof recorded in Plat Book 3, pages 67 and 68,
Public Records of Collier County, Florida)
Folio No, 62100120006
Collier County, a poiitical subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels 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.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this day of
,2011,
ATTEST
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred W, Coyle, Chairman
Approved as to form and legal sufficiency
~
right
t County Attorney
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