Agenda 10/14/2008 Item #16K 3r�gendla Item ho. 13K3
October 14, 2003
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize a representative of
the County Attorney's Office to bid on behalf of the County at code enforcement lien
foreclosure sales scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS v.
JEAN CLAUDE MARTEL, Circuit Court Case No. 06- 1902 -CA, in an amount not to exceed
the value of the County's foreclosed lien interest (approximately $180,000).
OBJECTIVE: To obtain the Board's authorization for a representative of the County
Attorney's Office to bid on two properties to be sold at separate code enforcement lien
foreclosure sales (currently set for October 27, 2008), as a result of a Summary Final Judgment
in favor of the County in Collier County v. Jean Claude Martel, Circuit Court Case No. 06-1902 -
CA.
CONSIDERATIONS: A foreclosure action was filed on November 3, 2006, in relation to
several code enforcement liens imposed against real and personal property owned by Mr. Martel.
On September 24, 2007, the Court entered an Order reciting a total sum due of $277,114.45
under the liens.
The September 24, 2007 Order also directed the Clerk to sell three of Mr. Martel's properties on
Karen Drive, in unincorporated Collier County, to satisfy the liens. On May 13, 2008, the Board
authorized the County Attorney's Office to bid on Mr. Martel's properties at a sale set for June 5,
�. 2008 (see Executive Summary, Item 16.K.6, from the May 13, 2008 Board meeting, attached
hereto as Exhibit A).
As a result of the June 5, 2008 sale, the County acquired title to one of Mr. Martel's properties
(3155 Karen Drive). Because the lien amounts were not satisfied as a result of this acquisition,
the County requested, and on September 23, 2008 the Court ordered, sale of two additional
properties owned by Mr. Martel (3175 and 3176 Karen Drive). A copy of the September 23,
2008 Order is attached as Exhibit B. The October 27, 2008 public sales have been advertised
and will be conducted in accordance with Florida law.
As a further consideration, Mr. Martel appeared before the Board on July 22, 2008, by Public
Petition, to voice his dissatisfaction with the Code Enforcement Department. At that meeting„
Mr. Martel discussed his frustration with the foreclosure of his property. See agenda materials,
Item 6.A, from the May 13, 2008 Board meeting, attached as Exhibit C.
Mr. Martel currently holds title to five (5) single family lots on Karen Drive. If foreclosure is
successful, Mr. Martel would continue to own three (3) of these lots.
In the event the County obtains title to the properties, there is a strong likelihood that the County
will be able to recoup any cleanup costs, as well as costs associated with the acquisition of this
property, upon re -sale .
FISCAL IMPACT: No real dollars are being requested by this Executive Summary. We would
be utilizing only a portion of what we are owed on the property to purchase the property, which
is the foreclosed lien ( cun"ently approximately $1800,000). If successful at auction, nominal
,, -:nda 11em rJr). 1,7 3
October 14, 21j03
rxe41DI1J
recording and related costs would be paid from the "Code Enforcement Board Fines" Revenue
Account, and sufficient budget exists for such costs.
GROWTH MANAGEMENT IMPACT: There is no Growth ]Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize a representative of the County Attorney's Office to bid on the subject property
in an amount not to exceed the value of the County's foreclosed lien interest
(approximately $ 180,000); and
2. Accept title to the properties and authorize recording of title to the properties, upon
confirmation of the sale by the Clerk and issuance of a Certificate of Title; and
3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and
recording of the Certificate of Title; and
4. Authorize staff to take necessary measures to abate the existing violations on the property
and to thereafter surplus and sell the property in accordance with state and local laws.
Prepared by: Jeff E. Wright, Assistant County Attorney
item ��la. 1 6K3
)do") --,r 14, -,' V 3
Page 3 of 13
Agonda Rem NO, 16Kf;
May 13, 2003
Page 1 1f 10
EXECUTIVE SUMMARY
Authorize Assistant County Attorney to bid on behalf of County at foreclosure (Code
Enforcement )Caen) sales schedule by the Clerk in BOARD OF COUNTY
COMMISSIONERS v. JEAN CLAUDE3f-IRTF.L, CASE NO. 06-1902-CA.
OBJECTIVE: To obtain the Board's authorization for a representative of the County
Attorney's Office to bid on two properties to be sold at a code enforcement lien foreclosure sale
(currently set for June 5, 200,), as a result of a Summary Final Judgment in favor of the County
in Collier County v. Jean Claude Wartel, Circuit Court Case No. 06- 1902 -CA.
CONSIDERATIONS: An action was filed on November 3, 2006 to foreclose several code
enforcement liens imposed against real property owned by Jean Claude Martel located on Karen
Drive, in the unincorporated area of Collier County. A Summary Final Judgment in favor of the
County was entered by the court on Scptcrnber 24, 2007, in the total amount of $277,114.45, and
foreclosing the interest of all defendants or persons claiming through said defendants upon
public sale of the property by the Clerk. A copy of the signed Amended Final Summary
Judgment for Foreclosure is attached hereto, along with the Order setting the sale for June 5,
2008. The June 5, 2008 public sale has been advertised and will be conducted in accordance
with Florida law.
Mr. Martel owns six properties on Karen Drive. During the period between 2002 and present,
there have been multiple code violations at these propertics, which have negatively impacted the
neighborhood's appearance. Several of these violations have resulted in imposition of code
enforcement liens in favor of the County, which are the basis for the foreclosure action. Most of
the violations have been for storage of large amounts of abandoned materials (including
appliances, furniture, carpet, garage doors, scrap metal, used windows, vehicle parts,
lawnmowers, assorted debris, and the like). Other violations include property maintenance and
housing code violations (for example, lawn mowing violations, and a partially demolished
mobile home exposed to the elements). Some of the violations have been abated, while other
violations continue. Consequently, the County desires to exercise its statutory right, under
Chapter 162, Florida Statutes, to obtain title to the properties in order to abate the remaining
violations, and to recoup costs incurred to date by the County in relation to enforcement and
abatement of violations on Mr. Martel's properties. In the event the County is the successful
bidder at the sale, the property acquired can be added to the County's inventory of surplus
property. In order for the County to participate in the public auction and exercise its right to
obtain title to the properties, a County representative will need authority to bid on the properties
at the sale. The County may bid up to the amount of its judgment ($277,144.45) and receive
credit against the judgment for its bid. Consequently there is no expenditure by the County
except payment of the clerk's fee of $60.00, and the cost of advertising the sale, which costs
must be paid at the time of sale.
Staff recommends that the County exercise its statutory right to acquire title to the property, in
order to ensure that the v7olations are con•ected in a timely manner; to recoup costs incurred to
date; and to ensure fair and appropriate disposition of the County's lien interest. In the event the
County obtains title to any of the properties, there is strong likelihood that the County will be
able t0 recoup any Cleanup costs, as well as costs a. ;socrat�d V�Itil the aequtSltloil of tli1S property,
upon re-sale of the propL rtv,
=ic;n A S.i
Agenda Item No:-?G�ai
may 13, 2,008
Page 2 ref ,10
FISCAL TNIPAC;T: Not to exceed $400.00 from "Code Enforcement Board Fines" Revenue
Account. Sufficient budget exists in the FY 08 MSTD Fund (I 11) Code Enforeement budget to
participate in this foreclosure sale.
GROWTH MANAGENTENT IMPACT : There is no GroAAnh Management Impact Associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize a representative of the County Attorney's office to bid on the subject property
up to the amount of its final judgment at the foreclosure sale; and
2. Accept title to the properties and authorize recording of title to the properties, upon
confirmation of the sale by the Clerk and issuance of a Certificate of Title; and
3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and
recording of the Certificate of Title; and
4. Authorize staff to take necessary measures to abate the existing violations on the property
and to thereafter surplus and sell the property in accordance with state and local laws.
Prepared by: Jeff E. Wright, .Assistant County Attorn .y
Paoe I of I
.. A -i ') I
�genr.a 1*--m H- I 6K3
:Giber 14 2')03
Pace 5 o 13
COMER COUNTY
ROARD OF COUNTY COMMISSIONERS
Item Number: 161<3
Item Summary: Recomr.nendation that the Board of County Comm is sjone!-s authorize a representative of the
County Attorneys Office to bid on hehalf of the County at code enforcement lien foreclosure
sales s3nedLfled by the Clerk in BOARD OF CCOUNTY COMMISSIONERS v. JEAN CLAUDE
MART EL. Circuit Court Case No. 06-1902-CA, in an amount not tc exceed the Value of the
Countys foreclosed hen interest (approximately $180,050)
Meeting Date: 10/1412008 9 -00 00 AM
Prepared By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 101!3/2008 2:26:13 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 101312008 4:53 P141
Approved By
Jeff Wright As5iS,,ajjt County Attorney Date
County Attorney County Attorney 047_in� 123 CIS 7:45 P R111
Approved By
OMB Coordinator ow--_
County Manager's Off',-
Approved By
John A. Yonkosky -jf.rjCe �)4 r O�ILT ��
1 . - , 1.2
f i e Cs 4 Fir, t n �� � ) 1, , � , �� ":, -, t v! 11 -_ � 0Z ' 2 0 F �',l
&
County Managr's Oil:�e
Approved By
James V. Mud(!,
Board of CoUn-y 4:12 P rA�',
Commissioners
T%20AGEND... 10/8/2008
file://C:\A2eiidaTest'\Exi-)oi-t\114-October'�/0'-)O14.0/,()--)020()8\16.1/'O'-)OCONSEN
"agenda item No. 13K3
October 14, 20068
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Page 6of13
J
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State of Florida,
Plaintiff,
V.
JEAN CLAUDE MARTEL (a.k.a. CLAliDE
MARTEL ), and any tenants /persons in
possession, and any unknown heirs, successors,
assigns, devisees, grantees, creditors, and other
unIcnown persons or unknown spouses claiming by,
through and under the above -named Defendant,
Defendant.
CASE NO. 06- 1902 -CA
L-
42!k J0
ORDER
AMENDING SEPTEMBER 24, 2007
:+►MENDED FINAL StJ'_IIVIARY JUDGMENT FOR FORECLOS "RE
w
THIS ACTION came before the Court on Plaintiff's MOTION FOR AMENDED FINAL
SUn,j,gARY LT)GMEN- T FOR FOR.ECLOSLrRE ("MOTION"), and the Court, having
reviewed the MOTION and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that the legal descriptions for PARCEL 42 and PARCEL
#3 contained in Paragraph F of the Court's Septemher 24, 2007 AINIENDFD FINAL.
SLT.VMARY .TtMGMENT FOR FORECLOSURE are amended to:
PARCEI #2: 3175 Karen Drive (folio 461839440003), described as:
Lot #16 of an unrecorded Plat. Commencing at the Northeast corner of Lot 100, Naples
Grove and Truck Co's Little Famts No. 2, according to plat in flat Book 1, Page 27, Public
Records of Collier County, Florida, thence North 89 degrees 26 minutes, 40 seconds W 420
feet to the POINT OF BEGENNiNG; thence South 00 degrees 09 minutes, 00 seconds, W
139.0 feet: thence South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00
degrees, 09 minutes, QQ seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40
seconds W 60.0 feet to the POIItiT OF BEGINNING,
P ARC'FI 43. 3176 Karen Drive folio 461838800000' ?• described as:
Lot 38 of an unrecorded plat, TARPON MOBILE HOMES, more particularly described as:
Beginning at the NE cor:ier of Lot t00, Nlaples Grove and Truck Co's E_iitle Farms ;tiro. 2,
according to plat in Plat Book 1, Pagc 27, Publi ecos of C Dt!icr County, Floric_a; thence
c R (
f
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D ��
3
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ry
S 00 degrees, 09 minutes, 50 seconds W 337.8 feet, thence N S9 degrees, 27 minutes, 00
seconds W 420 feet to POINT OF BEGINNLNG. Thence N 00 degrees, 09 minutes, ()0
seconds E 139.0 feet, tlhonce S 89 degrees, 27 minutes, 00 seconds E 60.0 Feet, thence S 00
degrees, 09 minutes, 00 seconds W 139.0 Feet, thence N 89 degrees, 27 minutes, 00 seconds
W 60.0 fcct, to the POINT OF BEGI'� 'NING.
IT IS FURTHER ORDERED AND ADJUDGED that Paragraph 4 of the Court's
September 24, 2007 .-\JMENDED FL\IAL SUTvIMARY JliDG.MENT FOR FORECLOSURE is
-9 ...
aniertUcd as iuiivr n ws.
4. Unless the Defendants shall, at any time prior to the sale of the properties
described herein, pay to Plaintiff the total sum due in this action, with interest at the rate
prescribed by law and the aforesaid costs and fees, the Clerk of Court, aver publication of notice
as required by law, shall sell each of the Subject Properties (i.e., PARCEL 42 and PARCEL
43) at two (2) separate public sales on (1) 2008, at 111; 60 o'clock;
and (2) 2005, at�,,,o'clock to the highest and best bi�kler(s) for
cash, On the Sixth l;loorsof the Collier County Courthouse, Naples, Collier County, Florida, in
accordance with § 45.031, Florida Statutes. 'The Subject Properties shall be sold free and clear of
all right, title, interest, claim, lien, encumbrance, rernainder reversion, homestead, dower, or
equity of rederilption whatsoever of the Defendants named herein, and all persons or entities
claiming interest in said properties, as of the date of filing of the Notice of Lis Pendcns.
IT IS FURTHER ORDERED .- N D ADJUDGED, That unless inconsistent with this
Order, ail ternis of the Court's September 24, 2007 ;t' VENDED FINAL S(,T -,' .l <�RY
JUDGMENT FOR FORFCI,OSLRE shall remain in full force and effect.
DOVE .'12,,71) ORDERED at Naples, f-lor-ida, this day of
C 'l -h
Conformed copies to:
fir- Claude Martel
3190 Karen Drive
'f Naples, Florida 34112
Pat Jones
17
6 Karen Drive
Naples, Florida 34112
THE, O. O} BLE HUGH D. HAYES
Circuit Court ludge
Unknown Tenaurt
155 Karen Drive,
Naples, Florida 34112
Unknown Tenant
175 Karen Drive
Naples, Florida 34112
"eff E. Wright
Assistant County Attorney
3301 Tamiami Trail, East
Harmon Turner Building, 8`h Floor
:Naples, Florida 34112
Bookkeeping
3
Agenda !tern No. 15K3
October 14, 2303
Page .5 of 13
/,,,3enda Item No. GA
Jufy 22, 2008
rage 1 cf 5
COLLIER I R COt NTY MANAGER'S OFFICE
3301 East Tamian -i Frail • Naples, Florida 34112 • (239) 774 -8383 • FAX 239 774 -4010
June 26, 2008
Mr. Jean Claude Martel
3190 Karen Drive
Naples, FL 34112
Re: Public Petition Request to Discuss Code Enforcement Issues
Dear Mr. Martel:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of July 22, 2008 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. if the subject matter is currently under litigation or is an on -going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need tor action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F ") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
James V. Mudd
County Manager
JVM/ib
cc: Jeffrey Klatzkow, County Attorney
Joseph Schmitt, CD &ES Administrator
-.:xe
oe ,
,'- -enda item No. '16K3
Ocfober 14. 2008
Page 10 of 13
Agenda Item r.lo. nA
July 22, 200£3
Page 2 of 5
Request to Speak under Public Petition
Please print
Name, --
Address:
Phone:
Date of the Board Meeting you wish to speak:
Must circle yes or no:
is this subject matter under litigation at this time? Yes
is this subject matter an ongoing Code Enforcement case? Yes � `.-�,.
Note: If either answer is "yes ", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessar)):
Please explain in detail the action you are asking the Commission to take (attach
KVIAary- JoWubit Petition Request Form - 20W new iorm.doc
C-Job�r 14 2
( rage 11 of ^ 3
Agenda Item Na. 6A
,!uiy 22. 2008
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, A political Subdivision
of the State of Florida,
Plaintiffs)
06- 1902- CA -01, PARCEL I and 2
Ws.
CASE NO
JEAN CLAUDE MARIEL (a.k_s- CLAUDE MARTEL),
and any tenants/persons in possession, and any unknovoi
heirs, su;.cessors; assigns, del.isees, grantees, creditors, and
other unknown persons or unknown spouses claiming by,
through and under the above -named Defendant,
Defendant(s)
CERTIFICATE OF TITLE
The undersigned, DWIGHT E. FROCK, Clerk of the Circuit Court, certifies that he executed
and fled a Certificate of Sale in this action on June 5, 2008, for the property described herein,
and that no objections to the sale have been filed within the time allowed for filing objections.
The foIIowing property in Collier County, Florida:
PARCEL 41: 3155 Karen Drive (folio #61840320002), described as:
Lot 15, Tarpon Mobile Home, more particularly described as: Beginning at the Northeast comer
of Lot I00, Naples Grove and Truck Co's Little Darns No. 2, according to plat in Plat Book 1,
Page 27, Public Records of Collier County, Florida, thence N 89 degrees 26 minutes, 46 seconds,
West 480 feet to POINT OF BEGINNING, thence S 00 degrees 09 minutes, 00 seconds West
139.0 feet, thence S 89 degrees 25 minutes 40 seconds East 60.0 feet, thence North 00 degrees
09 minutes 00 seconds East 139 feet, thence N 89 degrees 26 minutes 40 seconds West 60.0 feet
to PONT OF BEGINNING.
PARCEL 42:3175 Karen Drive (folio #61839440003), described as:
Lot #16 of an unrecorded Plat. Commencing at the Northwest corner of Lot 100, Naples Grove
and Truck Co's Little Farms No. 2, according to plat in Plat Boot: 1, Page27, Public Records of
Collier County, Florida, thence North 89 degrees 26 minutes, 40 seconds W 480 feet to the
POINT OF BEGINNING; thence South 00 degrees 09 minutes, 00 seconds, W 139,0 feet; thence
South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00 degrees, 09 minutes,
00 seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40 seconds W 60.0 feet to the
POINT OF BEGINNING.
A'
,tl,gerida item No. 1,3K3
October 14, ?003
Page 12 of 13
Acerida Item No. GA
July 22, 2008
Page 4 of 5
was sold W
COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida,
c/o Office of the Collier County Attorney, 3301 Tamiarni Trail, East, Hannon Turner Building,
Sth Floor, Naples, Florida 34112.
Bid Amount:$ 100,000.00
WITNESS my hand and seal of the court on June 17, 2 008,
DWIGHT E. BROCK,'
Clerk of the Circuit OU&S
Q
BY:
Deputy Clerk
- iG..r i3 .ui
:�erda t,em No' 6A
J;.ah 22. 2W)a
P=1ie5, of5
IN THE CIRCUIT COURT OF THE T'VF.,NTIFTH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida,
Plaintiff
vs. CASE NO. 06- 1902- CA -01, PARCIIf, 1 and 2
JEAN CLAUDE MARTEL (a_k.a. CLAUDE MARTEL), and any tenants/persons in
possession, and any urx sown heirs, successors, assigns, devisees, grantees, creditors, and
other unlu701,vn persons or unknown spouses claiming by, through and under the above -
named Defendant,
Defendant
CERTIFICATE OF DISBURSEMENTS
The undersigned, DWIGHT E. BLOCK, Clerk of the Circuit Court, certifies that no
monies were received or disbursed by the Clerk, the property herein foreclosed having
been purchased by the Plaintiff.
WITNESS my hand and the seal of the court on June 17, 2008.
DWIGHT E. BROCK, ;
Clerk of the Circuit Court!
Deputy Clerk
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