Agenda 12/01/2009 Item #16K 1
Agenda Item No. 16K1
December 1, 2009
Page 1 of 3
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EXECUTIVE SUMMARY
Recommendation to authorize the Office of the County Attorney to initiate
foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to
two (2) code enforcement liens, arising from Code Enforcement Board Case Nos.
CEB 2005-35 and 2005-39, entitled Board of County Commissioners, Collier County,
Florida vs. Curtis D. and Brenda Blocker.
OBJECTIVE: To obtain Board authorization for the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation
to two (2) Code Enforcement Board licns (totaling approximately $625,128.72) imposed
against all real and personal property owned by Curtis D, and Brenda Blocker, for
unpermitted mobile homes, sheds, and one concrete block structure at two properties in
Collier County,
CONSIDERA nONS: Together, Curtis D. and Brenda Blocker, (the "Blockers") own
several properties in Collier County (nine, according to the Property Appraiser's
website). The two liens at issue are based primarily on unpem1itted mobile homes on two
non-adjacent properties owned by the Blockers and located in 1mmokalee, The two liens
were imposed by the Code Enforcement Board on March 27, 2007, and both were
recorded on March 30, 2007, at OR Book 4205, Page 799, and OR Book 4205, Page 801.
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According to Code Enforcement Department calculations, the total outstanding for these
two liens is approximately $625,128.72 (approximately $312,500 each), and the liens
continue to accrue at the rate of $250 per day (per lien). The violations have not been
abated, and they continue to create health and safety concems. It is believed that tenants
continue to live (and pay rent for space) in the unpermitted structures.
Under Section 162.09, Florida Statutes, these liens are against all real and personal
property owned by the Blockers, The initial targets of the proposed foreclosure action
are the two properties where the violations exist: 511 Newmarket Road East
(Immokalee) and 2900 Bradley Avenue (lmmokalee). Together, these two non-
homestead properties are appraised at $214,6 17, according to the Collier County Property
Appraiser 2009 Preliminary Tax Roll. If authorized, the foreclosure lawsuit could also
encompass other properties owned by the Blockers, if and as necessary, based on
deficiency between the lien value and the value of these two target properties.
FISCAL IMP ACT: The fiscal impact of initiating the foreclosure suit is approximately
$2,000 (representing a $900.00 filing fee, title work, and cost of service). Costs for
maintaining the lawsuit (including, as necessary, any title review, copies, mailings,
service, transcripts, and other routine litigation costs) should not exceed $500. The
County should ultimately recover all costs in initiating and pursuing this lawsuit via
acquisition of title to the target propel1ies,
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Agenda Item No. 16K1
December 1, 2009
Page 2 of 3
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
ADDITIONAL LEGAL CONSIDERATIONS: This item is unrelated to ongoing
litigation between the County and .Jerry and Kimberlea Blocker; it is legally sufficient for
Board action, -.JW
RECOMMENDA nON: That the Board of County Commissioners authorize the Office
of the County Attorney to initiate foreclosure proceedings against any and all of the
Blockers' non-homestead property, in relation to the code enforcement liens referenced
above, pursuant to Section 162.09 Florida Statutes.
PREPARED BY: .JetTE. Wright, Assistant County Attorney
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Agenda Item No. 16K1
December 1, 2009
Page 3 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to authorize the Office of the County Attorney to initiate foreclosure
proceedings pursuant to Section 162.09, Florida Statutes, in relation to two (2) code
enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2005-35 and 2005-
39, entitled Board of County Commissioners, Collier County, Florida VS. Curtis D. and Brenda
Blocker.
12/1/20099:00:00 AM
Prepared By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 1115/20098:39:36 AM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 1119120091:01 PM
Approved By
Jeff Klatzkow County Attorney Date
11117/20093:04 PM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11/18/20099:11 AM
Approved By
John A. Y onkosky Director ~ Management and Budget Date
Office of Management & Office of Management & Budget 11/181200912:45 PM
Budget
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