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Agenda 09/13/2022 Item #16A29 (Code Enforcement Release 2045 Wilson Boulevard North)09/13/2022 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $128,864.03 for payment of $6,214.03 in the code enforcement action titled Board of County Commissioners v. Linda C. Daigle in Special Magistrate Case No. CEPM20120013875 relating to property located at 2045 Wilson Blvd. N, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement lien with an accrued value of $128,864.03 for payment of $6,214.03 in relation to Special Magistrate Case No. CEPM20120013875. CONSIDERATIONS: As a result of code violations at 2045 Wilson Blvd. N., the Special Magistrate ordered the imposition of a lien against Linda Daigle in Case No. CEPM20120013875. The violations consisted of a vacant and unsecured residence with the doors removed, broken windows, mold, and an unrepaired roof. The lien was recorded in the Official Records on May 23, 2014, at O.R. Book 5040, Page 2349. The lien amount of $128,864.03 is based on 515 days of accrued fines ($250 per day from February 9, 2013, through July 8, 2014) totaling $128,750, and $114.03 in operational costs. The property was brought into compliance on July 8, 2014. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full 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. Linda Daigle and her late husband acquired the home, intended to be an investment to supplement their retirement income, before his passing in 2005. After relocating to Georgia, Mrs. Daigle entrusted a family friend to occupy and maintain the residence. Sadly, the friend failed to fulfill the obligation by allowing the home to fall into a state of disrepair and failed to notify the family before vacating the residence. Ms. Daigle became aware of the violations when it was determined squatters had broken the doors and windows to gain access to the home to dismantle copper wires and piping without her knowledge. Throughout the investigation, the assigned investigator remained in contact with Ms. Daigle, and her sister, manager of the property. A Stipulation Agreement was signed on February 3, 2013, and recorded in the Official Records on February 13, 2013, at O.R. Book 4885, Page 3202. In 2014, she deemed the cost to rectify the damage far exceeded her limited income and decided it would be best to demolish the home. It took a substantial amount of time, commitment, and follow-up, to demolish, and clear the property. The property is being actively maintained and $6,214.03 has been paid in settlement of fines. The owner is requesting a waiver of $122,650 in accrued fines, as outlined in the attached hardship letter. There are no known violations at this time. FISCAL IMPACT: Payment of $6,214.03 in settlement of fines and costs has been made. If approved by the Board, accrued fines in the amount of $122,650 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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. -CAK RECOMMENDATION: To waive the fines in the amount of $122,650, accept a payment amount of $6,214.03, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. 16.A.29 Packet Pg. 976 09/13/2022 Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Owner Letter (PDF) 2. Backup documents (PDF) 3. Lien Order (PDF) 4. release of lien (PDF) 16.A.29 Packet Pg. 977 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.29 Doc ID: 22839 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $128,864.03 for payment of $6,214.03 in the code enforcement action titled Board of County Commissioners v. Linda C. Daigle in Special Magistrate Case No. CEPM20120013875 relating to property located at 2045 Wilson Blvd. N, Collier County, Florida. Meeting Date: 09/13/2022 Prepared by: Title: – Code Enforcement Name: Dana Rarey 07/18/2022 10:21 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 07/18/2022 10:21 AM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 07/18/2022 10:30 AM Code Enforcement Colleen Davidson Additional Reviewer Completed 07/19/2022 11:22 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/05/2022 3:09 PM Growth Management Department Diane Lynch Growth Management Department Completed 08/08/2022 2:49 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 08/11/2022 8:27 AM Growth Management Department James C French Growth Management Completed 08/13/2022 10:07 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2022 8:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2022 9:32 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/15/2022 2:03 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 09/07/2022 3:47 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 16.A.29 Packet Pg. 978 To whom it may concern. This letter is in reterence lo case #cepm2o120013875 for the property at 2045 Wilson Boulevard. Naples, Florida. Enclosed yotl will find a brieF summary of what I have done thorough lhe years for this property. I allowed someone to live in the house so that it would be occupied, and she was supposed to notify me if anything went wrong. She thanked me by moving out without telling me. I had no idea that the house was vacant and had been broken anto, all the copper wiring and piping ripped out, and windows and doors were broken until I received a 'tolice on 411112011 . The notiflcation said that the house at this address was not in code compliance. I immediately tried to rectify the violations as best as I could within my financial and physrcal means. This property was purchased with the intenlions that it would be used to supplement my income in my later years. On 1217120121 was granted a continuance to resolve this rssue. On 2l1l13l signed an agreement to correct the violations. The following year, on 3131120141 obtained an application to board of the house after removing all of the mold inside and cleaning up the property. The work was completed. inspected. and accepted by the code enforcement official. I decided at this point that it would be better for me.financially. to have the home torn down than to have it repaired. Tnen on 412112014 I requested a postponement for a hearing thatwas scheduled tot 5l2l?014 for code violations thatwe knewnoihing about The hearing was lo address the violalions. This was the first we had heard of it. After lhe request for lhe poslponement, we never heard anything else But we did get our annual property tax statement irom the county, which I always fa,thfully paid in a trmely manner I got a permit from the code office to have the house torn down. so I found a local contractor and srgned papers on 512012014 to have the house torn down and all ofthe debris hauled away. ln June a notice of commencement was flled, and the work was compleled. lt wasn't until July that Christopher Ambach, the code enforcemenl officia!, inspected the enlire site and told me that I was in compliance wilh all of the requirements thal were asked of me. My current flnancial situation requires me to have to sell lhe property to help me financially. \y'{hen I attempted to sell the property rs when I found out that there is a lien agarnsl it. I cannot even begin lo exp,ain how stunned lwas, and still am. I was completely unaware that it existed. I have never received anything to tell me that thjs was happening. My current address is where my property tax statements are sent. l've had the same address for years. I never received any kind of documentation about a lien. lf I had known, we would've tried to make things right before now. Vvhen the code enforcement official told me that everythrng was okay on7t8t2014,I thought, obviously erroneously, that I had laken care of all the legalities and was in compliance with all codes. l've had no reason to think anything was amiss Now I have learned that I owe more money on the lien than the properly is worth. I am totally devastated and don't know what to do. llive in Mississippi, 800 miles from Naples, Florida. I am handicapped, and my husband is a disabled veteran, who has various disabilities from his service in Vietnam. I also think this situation is making me ill from stress. l'm not sleeping well and don't have much of an appetite. My husband had triple bypass surgery a few years back. and he just had stenls placed in his heart this past December. so his health is compromised as well. My only sources of income are my social security check and a check from the VA for disabilities that my husband sustained 16.A.29.a Packet Pg. 979 Attachment: Owner Letter (22839 : BCC v. Linda C. Daigle) from fighting in the Vaetnam War. I have done everything I could to uphold the law in this matter and now lfind out that I nol only can't sell my properly, for money thal I badly need, but I have a lien on it lhat, at 74 years old on a small iixed income. I wrll never even begin to pay off. l'rn asking you to please remove the lien that you have against me. There has to be someone who can help me. I have copies of all of my paperwork. I have done nothing wrong. I did everything lwas told to B years ago. How could no one have said anything to me in all of this time? I do receive my property tax statements yearly though. I don't know whal to do. All of these years I knew thal I had this that I could fall back on when and if I needed to. That's actually why my late husband and I bought the property. He knew he was sick wath asbestosis and kept telling me that he would leave this Earth sooner than me, and he was righl. I lost him to cancer in 2005. lf anyone has any questions, you have our phone number and address. I do hope that you will do everything in your power to get the lien removed. I desperately need to sell this property because my finances are very tight these days. We Just want to enjoy old age. l've done everything through the code office, so lhere shouldn't be any problemg, Can you please help me? We would like to thank you in advance for your assistance and hope to hear from somebody soon. Respectfully, Linda C. Daigle Steven D. England 16.A.29.a Packet Pg. 980 Attachment: Owner Letter (22839 : BCC v. Linda C. Daigle) Linda C. Daiele CEPM201200r387s 2045 Wilson Blvd N Naples, FL34120 Folio # 37598720001 Violation: Residence vacant and unsecured, windows broken, doors removed, mold, roof needs repair Order Items: $250/day fine x 448 days (February 9,2013 - May 2,2014) = $112,000.00, plus operational costs of $l14.03 Total Fines: $1 12,114.03 FOF Order (Continuance) OR 4868/PG 1979 recorded on l2126l12 FOF Order OR 4885iPG 3199 recorded on2l23l13 IOF Order OR 5040/PG 2349 recorded on 5l23ll4 Violation abated: July 8, 2014 Fines accrued after IOF: Order Items: $250/day fine x 67 days (May 3,2014 - July 8,2014) = $16,750.00 Total Fines Owed: $128.864.03 Deed recorded on9126197, then new deed recorded 916113 adding Steven D. England Fines for Owner: $128.864.03 Offer of settlement: $6,214.03 ($6,100 fine * $l14.03 operational costs) ACCRUED VALUE: PAYMENT OF: TOTAL FINES TO BE WAIVED: $128.864.03 $6.214.03 $122.650.00 16.A.29.b Packet Pg. 981 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-2s2-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paidl Change / Overage: Contact: FEE DETAILS: Fee Description Specia I Magistrate Cashier Name: Batch Number: Entered By: 2022987556 2022-O62626 06/22/2022 $111,600.00 Payment Method Check Amount Paid $s,700.00 Check Number 557 $s,700.00 $0.00 ENGLAND, STEVEN D & LINDA C 17120 GINA LN GULFPORT, MS 39503 Orioinal Fee $ 1 12,000.0 0 Amount Paid $ 5,7 00.00 GL Account 111- 138911-343922 Vanessa.McHenry 11140 KerryAdams Reference Number cEPN4 20120013875 16.A.29.b Packet Pg. 982 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) Collier County G rowth Management Division 2800 Horseshoe Drive N, Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Special Magistrate Cashier Namei Batch Number: Entered By: 202297925t 2022-O6032t 06/t5/2022 $112,000.00 Pavment Method Check Reference Numb€r cEPM20120013875 Amount Paid $400.00 Check Number 546 $400.00 $0.00 ENGLAND, STEVEN D & LINDA C 17120 GINA LN GULFPORT, MS 39503 Original Fee $ 1 12,00 0.00 Amount Paid $400.00 GL Account 111- 138911-343922 Vanessa. McHenry 11120 KerryAdams 16.A.29.b Packet Pg. 983 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 34104 2i9-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Duei Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Operational Costs (SM) Cashier Name: Batch Number: Entered By: Pavment Method check Vanessa.McHenry 11120 KerryAda ms Amount Paid $114.03 Check Number 545 $114.03 $0.00 ENGLAND, STEVEN D & LINDA C 17120 GINA LN GULFPORT, MS 39503 Originai Fee $ 114.03 Amount Paid $ 1 14.03 GL Account 111- 138911-343922 2022979255 2022-060325 06/ ts/2022 $114.03 Reference Number cEPM20120013875 16.A.29.b Packet Pg. 984 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) / R.tum !o: (crrlote $clf-add(csscd snmped envelope) Nrnp: ACTtoNTlTllSEIvlcES Addresr: !7lt Tshol Trdl Nonh N.plr' fL tal0t This Inst utEnl Prcparcd by: BEVERLY A. OXENDER of AcTtoN TtTt^E sEnvtcEs 8r r rrrc$sary incidenl to lhc ltllilhxnl of'conditions conarincd in a lill€ insurrncs commilmtnt issurd tty lt. Propcrty Appraisers Prrtcl ldcntilication (l;oli(, Numbcr(s); 37598720001 Grenlcr(s) S,S.r(s): ilr 2230258 0R: 2350 PG: 0859 m ItcolDto i! o'llcttt llcolD! ol cottlu c{urfl, tt0t/ll/t, tt 0l:l0ll0flGI? l, lmil, cUilclll 10000.00 uc nt t,c!Illliltc l.r0 Doc-.10 210.00 lct!: tc?lor ?tru c0 ?ICt Ut 5rA( L AB()!! Illlr l.lNt lol Plu-t$ls D IA FILE NO: 97060144 WARRANTYDEED (ft .rd 'yle' rra 't,.e' tr.rn tlullL dr[d u rElul.ll |.6n un rr!& u tluJ $ tlt r*n 'dr.Bt r Thlr Werrenty Deed Mr,le rhis l5thrbv ol September A D. 19 97 , bv STEVEN KISSINGER, AS PLENARY GUARDIA.}I FOR HELEN PHILLIS TIPLER A/K/A HELEN TIPLER, A/K/A HELENA TIPLER, A/K/A LENA TIPLER whos rnerilal stetus is: 2O IMPERIAI, GOLF COURSE tsLVD.,ifl23I COURSE BLVD ff231 NAPLES, FL 341I SiSned, Sabd Wilrg Sitirn|rt: Wimss Prinrod lYiE$ SLn $rc:**'r""**M_ Wln ar SBIn|r: w,*sr Priaod Nsnc' GECILIA mofuil Wirr[ Sgmn: winc$ Priilld Nm: STATEOF FLORIDA COUNTY OF COITIJIER Theforcgoin8bsrrurrcntwrsrckrcrlcd3edbcforernerhis 15th rlryul Septenrber .19 9? by STEVEN KISSINGER, AS PLENARY GUARDIAN FOR HELEN PHILLIS TIPLER , A/K/A HELEN TIPLER, A/K/A HELENA TIPLER, A/K/A LENA TIPLER rho b/rr? pcnollllly l0ovn !o nr or wlUryfpfuvr Prutucc,J L. ,.-;t LrclrisEs es llcntifrrtbo. My Comrniltion Serirl Numbcr: "] KI Nrme: crpircl t Ndrry hblac Aox LINDA RECORDS OF COLLIER COUNTY, IS NOT TI{EIR I{OMESTAAD HOMESTEAD, WHICH IS BLVD. #231, NAPLES,., 34110A MARRIED WOMAN in C0unty, Fkrrx,la, Yiz: 131, GOLDEN GATE ESTATES, UNIT NO,NORTH 150 FEET 20, ACCORDING TO THE OF RECORD IN PLAT BOOK ?, GRAIVTOR IITARRANTS SUBJECT PROPERTY, NOR IS IT LOCATED ATr 1520 IMPERIAL FLORIDA 341 1 O PAGES 79 AND 80, Ob' FLORIDA. ihrt rhc granor gleGPl liarct ..--]. , 9 6 . rcscrvrtioru, ,cr 16.A.29.b Packet Pg. 985 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) 'r*r.* 4886481 oR 4962 PG l-L19 RECoRDED g/6/20L3 L2:30 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REc $18.50 Prenared by: Fred Grunst 5683 Strand Suite 4 Naples, Fl341 Fred Grunst and Grantees'names and addresses are: Cr.II for rccording o(fice use only) belorv: 171 Cul t. Linda C. Daigle,", 17120 Gina Lane Gulfport, MS 395 Steven D. England, 17120 Gina Lane Gulfport, MS 39503 The rvord "you" as hereafter used means the Grantees. t.t .,-.*i.,f\ii ,/' ,*...r' j "... ,! ..,/ I ...,,? )t . .-"*.*,'} 'rl WITNESSETH: That Grantor, for and in consideration of the sum of $10.00, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt rvhereof is hereby acknorvledged, has granted, bargained, and sold to Grantees as Joint tenants and not as tenants in common, the follorving land situated in Collier County, Florida: The North 150 feet of Tract l3l, Golden Gate Estates, Unit No. 20, according to the Plat thereof, of record in Plat Book 7, Pages 79 and 80 of the Public Records DEED i._-, THIS INDENTURE, made on August Grantor's name and address is:a single woman 16.A.29.b Packet Pg. 986 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) *** oR 4962 PG 1120 *** of Collier CountY, FIorida.. Property Appraiser's Parcel LD. No. 37598720001 and Grantor does hereby fully rvarrant the title to the land and will defend the same against the lawful claims of alllperions whomsoever. Subject to 2013 taxes; easements, and restrictions of record ,, i ). ,,/ cRANroR, ' .:_') . 0 n Linda 17120 Gina Lane Gilfport MS 39503 Signed in the presence of:the presence of: Witness 0 STATE OF,t 0tlto COUNTY OFv L* The foregoing instrument was acknorvledged before me this' 2013, by Linda Daigle, rvho is personally kno*n to me or has ' luouSi , AS TRACY SCOfi t'lolary Publlc, Slate o,ohio My Commlssion Explres DecenSer 1'1,2016 o. Notary Public State ;. ""j t n r'''' Jf *J 16.A.29.b Packet Pg. 987 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) Collier County Property Appraiser Property Summary tifilirlffi zo45 wrlsoN BwD NParcel No 37 Latest Sales History (Not all Sals are listed due to Confidenriality) Date Book-Page Amount 08/25113 4962-111909/26/97 a350:C5go8lo1l81 93--4":5"1o8/o1/81 934-46o6/o1l6e i13--3CZ '598720001 DAI6LE, LINDA C STEVEN D ENGLAND 17120 GINA LANE State MS Map No. Strap No. Section Township 3C27 331900 131 13C27 27 48 Legal GOLDEN GATE EST UNIT 20 N l5OFTOF TR 131 290 331900 . GOLDEN GATE EST UNIT 20 O - VACANT RESIDENTIAT Mlllage Rates O *Calculations School Other Total Zip 39503 2021 Certified Tax Roll {Subje(t to Change) Acres lEg[lnaled 2.34 $ 56,690 $o $ 66,690 $ 3s.578 $ 31,1 12 $ 66,690 $ 31,112 Rahge 27 4.889 8.7793 13.6683 $o $ 30,000 shown above equal 0 this parcel was Site City NAPLES Site Zone lNele 34120 City GULFPORT Land Value (+) lmproved Value (=) Market Value (-) 10% Cap 1=y Assessed Value 1=y Taxable Value 16.A.29.b Packet Pg. 988 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) BLVD I{ Naples, FL 2045 'ritli15on BLVD N ?fi45 Tvoe Dcgcrinlion DAIGLE, LII}]DA f , AdSressr?Si!5 'd/ILSD DAI6LE, L]TIDA C AND STEXJEN S EI'IGLA DAIGLE, UNDA C, Addrrssr?OaS WILSO Histnric 0'rvner Htstoric Owner Orqner Add a nes- persan or bustness ts Address Book Show hte cEPi,r3013fr0 r38?5 $ 11 $ 0.[s CEPI'4?fi I e,l*11S75 Operatirnal Costt (5MJ $ 114",13 $ I6,75S"rlS {nnn $ 0.00 PRBD2n140s14A36 Oemo s i3.75 S ?3.75 rl5/291?CI14 PFBD!014S51,1836 $ 57.0fi PR8p2Al.4(r51.1$35 Inspection Fee BCAI 5 ?,00 $ a.00 06/1 1/2014 06/1 1/1014 PRtsD?q14'151"{_836 PCBDZ,I r+OSi.+a:S 06/1 1l?014 Il7,/88;rl0l.4Fee for tsuilding DCA 5 ?"00 ?t ?q $ ?.00 $ 50.0r I I aE 50.00 06,1?5,r?t114 Amount Owing / Amount Paid Date Entered SYEVE?IE D Parcel No. l3739s72ooo1 Addr*rc{ss) Froperty Infornration Spen &lerts: I Fees Description 5/291L3 paid CC conf$ 342574?-C299S33B /bg Refre:h & * quantity lx.os Fee Fayabler Entered By ILEC&CY: lennifer tsaker fee Pard? Date Due Payrnents {sl"1l rR,evision t1?."r7 Arrvxmt Fairt Account Fsynwnt f.letlu.'d I Cluck $R**glol *Bakln f Trxnsectr*n$! Dar*P*ix , ?{}3rxs3s4 Paid tsy / Ts lDiu6LE, LIN&A c A{r]0 STEVEH D EN&LANO. Addr:*ssrLTl?$ GINA ULNE 16.A.29.b Packet Pg. 989 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) GOLLIER COUNTY BOARD OF GOUNTY GOMMISSIONERS CERTIFIGATE OF GOMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the tirne of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: PR8D2014051483601 CO NBR: STATUS: Finaled CO TYPE: COMP ISSUED DATE: July 08,2014 ADDRESS: 2045 Wilson BLVD N SUBDIVISION: LOT: BLOCK: T.R.S.: SLUC CODE: UTILITY COMPANY: JOB DESC: TOTAL HOUSE DEMO 2045 WILSON BLVD N 612612014: REV, SLAB TO REMAIN RT NUMBER OF METERS: OWNER: DAIGLE, LINDA C STEVEN D ENGLAND LEGAL DESCRIPTION GOLDEN GATE EST UNIT 20 N IsOFT OF TR I3I Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or properfy described. A new certificate voids any certificate or prior date. 16.A.29.b Packet Pg. 990 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) COLLIER COUNTY, FLORIDA OFFICE OF TIIE SPECIAL MAGISTRATE osM cAsE No. CEPM20120013875 COLLIER COUNTY BOARD OF COTINTY COMMISSIONERS, Petitioner vs. DAIGLE, LINDA C AND STEVEN D ENGLAND, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County. who after being fully swom, deposes and says: L That on December 07,2012, the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 504p PG 2349 2. That the respondent did contact the investigator' 3. That a re-inspection was performed on July 8th 2014' 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance by obtaining all required permits, inspections and a Certificate of Completion.. FURTHER AFFIANT SAYETH NOT DATED this lOth day of July,20l4. , FLORIDA THE SPECIAL GISTRATE Christopher Ambach Code Enforcement Offi cial STATE OF FLORIDA COUNTY OF COLLIER Swom to (or (Signature ofNotary (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { and bed this |Ci{hay"r1$-V \\ ."ffi , 2014 by Christopher Ambach I.IEILC. DAY MY COMMISSION * FF O4S4.r/ EXPIRES: August 26, 2017 B{ndld Thru Sdgel Nohry Senhes 16.A.29.b Packet Pg. 991 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) rNsTR 4986223 oR 5O4O PG 2349 RECoRDED 5/23/2OL4 9:16 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 vs. COLLIER COUNTY CODE ENT'ORCEMENT SPECIAL MAGISTRATE Case No. -CEPM20120013875 BOARD OF COUN:TY COMMIS$ONERS COLLIER COUNTY, FLORIDA, Petitioner, LIIYDA C. DAIGLE AI\[D STEVEN D. ENGLAIID' Respondent THIS CAUSE came on on May 2,2014, and the Special Magistrate, having and being duly advised in and Order of the Specialthe premises, hereupon Magistrate, as fol lows: 1. Respondents, Linda C.owners of the subject properly. mail and posting and the Special2. Respondents were notified of Magistrate has jurisdiction ofthis matler. 3. Respondents, having been duly notified, did not appear at the public hearing. 4. The real properly located at2045 Wilson Blvd, Naples, Florida, Folio #37598720001(Legal Description: COLpeN GATE EST UNIT 20 N l50FT OF TR 13l), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c), (i), and (p) in the following Particulars: Residence is vacant and unsccured, windows broken, doors are rtmoved, interior rvalls are infested with mold, and roof is in need of repair. 5. The violation has not been abated as ofthe date ofthe public hearing. ORDER Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED: pr\ rlU 16.A.29.b Packet Pg. 992 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) *** oR 5040 PG 2350 *** A. The Respondent's Motion for Continuance is denied. B. Daily fines of$250.00 per day are assessed against Respondent for 448 days for the period from February 9,2013 to May 2,2014, for atotal amount of fines of $l12,000.00. C. Previousty assessed operational costs in the amount of $112.47 have been paid' D. Respondent shall pay operational costs for the lmposition of Fines hearing in the amount of $114.03. E. Respondent is ordered to pay fines and costs in the total amount of $112;!!4.03, or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. F. The daily fine of $250.00 shall until abatement has been confirmed by a Collier County Code DOnm AND ORDERED this Countyr Florida. ENFORCEMENT PAYMENT OF FIhIES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis order may also be obtained at this location. APPEAL: Any aggrieved pary may appeal a final order of the Special Magistrate to the Circuit Court ,ithin thirty (30) days of the execution of the Order appealcd. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. State of Florida County of C0LLIER I HEREBY CERTIFY Respondent(s) - Linda C. Daigle and Steven D. England. Collier Co. Code Enforcement Dept. correct copy of a Board llinutes and /-1, cc: lVIINEBS mv 4l'hri,6t 16.A.29.b Packet Pg. 993 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) INSTR 4799374 oR 4885 PG 3199 RECoRDED 2/L3/2013 9:46 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $35.50 COI,LIER COI'NTY CODE ENFORCEMENT SPECIAL MACISTRATE Case No. -C8PM201200f 3875 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. LINDA C. DAIGLE, Respondent. THIS CAUSE came on February l, 2013, and the Special Magistrate,evidence and heard argument respective to all appropriate Magistrate, as follows: and Order of the Special 2. Respondent was notified of the mail and posting and the Special Magistrate has jurisdiction of this matter 3 Respondent, having been duly notified, appeared at the public hearing and entered into a stipulation. 4. The real property located at 2045 Wilson Blvd N, Naples, Florida, Folio #37598720001 (Legal Description: GOLDEN GATE EST UNIT 20 N 150F-I OF TR 131), is in violation of Collier County Code of I:ws and Ordinances, Article VI Chapter 22, Section 22-231(12)(c), (i), and (p) in the following particulars: Residence is vacant and unsecured, windows broken, doors are removed, interior rvalls are infested rvith mold, aud roof is in need of repair. 5. The violation has not been abated as ofthe date ofthe public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Cotlier County Ordinance No.20t0-0+, it is hereby ORDERED: I l. Respondent, Linda C. 16.A.29.b Packet Pg. 994 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) oR 4885 PG 3200 A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Article VI Chapter 22, Section 22-231(12)(c), (i), and (p). B. Respondent must abate the violation by obtaining all required Collier County building permits, or demolition permit, inspections, and certificate of completior/occupancy and restore the structure to a permitted state consistent with the Collier County Property Maintenance Code on or before February 8, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively, Respondent must abate the violation by obtaining a Collisr County Boarding Certificate and board the structure on or before February 8, 2013 and obtain all required Collier County building or demolition permits, inspections, and certificate of completion/occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure on or before August 1, 2013 or a fine of 5250.00 per day will be imposed for each day the violation remains thereafter. D. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any violation into compliance. If necessary, the County may request the ff s Office for the purpose of accessing the property for shall be assessed against the property. E. Respondent is ordered Sll2.47 on or before of this case in the amount of F. Respondent shall Davis, within 24 hours of abatement or compl to confirm compliance. DONE AND ORDERED this County, Florida. CODE ENFORCEMENT MAGISTRATE C C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this.order may be paid at the Collier County Code Enforcement Department, 2800 North H0rseshoe Drive, Naples, FL 34104, fax # (239) 252'2343. Any release of lien or confirmation of compiliihce br torinniirition of the sarisfaction of the obligations of this order may also be obtained at this location. l: fi::"': I ii "';i l:!i \r'i1" " "'-r:-"' APPEAL: Any aggrieved party may appeal a finql order of tfie Sqeciql Magiitrate to the Circuit Court rvithin thirty (30) days of the execution'of{tre Order'app'ealecl.'Ari ai,peal shall not be a hearing de novo, but shall be limited to appellate revieiv of the iecord criated rvithin the original hearing. It is the responsibility of the appealing party to obtain 'a transcribed recoid of thb hearing from the Clerk of courts. Filing an Appeal will not automatically stay the Special,Magis.trate:s'Order. Respondent(s) - Linda C.'Daigle' ' Collier Co. Code Enforcement Dept. All costs cc: 16.A.29.b Packet Pg. 995 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) oR 4885 PG 3201 srdq.rfim tounqt dObll.ttl ' HEREBY CERT'FT ,,r,r,.:r.fiq,ffimn cooy ot t 3oard Mlnutes rH5::,ru }wlQHT E. re.rirrtr, f\ I I I t :0t7ect 16.A.29.b Packet Pg. 996 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) *** oR 4885 PG 3202 *** Respondent or v10BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Linda C. Daigle Case No. CEPM20120013875 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Linda Daigle, on behalf of herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resoluiion of Notices of Violation inreference (case) number C8PM2A120013875 dated the 18th day of September, 2012. ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for whicha hearing is cunently scheduled for February 1 , 2013; to promote efficiency in the administration of the codeenforcement process; and to obtain a quick and expeditious resolution of the matters ouflined therein theparties hereto agree as follows:1) The violations noted in the accurate and I stipulate to their existence. THEREFORE, it is agreed between 1) Pay operational cosls in the of this case within 30 days of this hearing. 2) Abate allviolations by: 1. Obtaining all Demolition Permit, inspections, andCertificate of permitted state consistent with the Collier County Property Mait or a fine of $_250.00_ per day will be irnposed untilthe 2.Alternatively, obtain a and board the structure within 7 days Certificates of this heari ng of AND obtain all or Demolition Permits, inspections,and consistent with the Collier County structure to a permitted condition Code,or remove the structure within 180 days of the boarding certificate issuance, or a fine of $250.00 a day will be imposed for each day the any violations continue. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (24 hours notico shall bs by Phone or fax and made durlng thB mrkweek. r tne uolauon ls abited 24 hors prlor to a Satuday, Sunday or tegal hoilday, then the notrrcatlon musl ba msd6 on lhe next day that ls not a Saturday, Sunday or legat hotiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any methodto bring the violation into compliance and may use the assistance of the Collier County Sheriffs Officeto enforce the provisions of this agreement and all costs of abatement shall be assessed to the property (sig Diane Flagg, Director Code Enforcement Department a /rl"'to^ Respondent or that the tn Code within 7 abated Boarding noa- (print)Date 3 REV 1t4r12 -zr Date 16.A.29.b Packet Pg. 997 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) INSTR 4778613 oR 4868 PG 1979 RECoRDED L2/26/2012 9:49 At4 PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 COLLIER COUNTY CODE ENFORCEIIIENT SPECIAL I!{AGISTRATE Case No. {EPII{201200f 3875 BOARD OF COUNTY CON{I\TISSIONERS CoLLIER COITNTY, FLORIDA, Petitioner, I.!_/'lt vs. " .ny' "1 {i' /'.LINDA C. DAIGLE,._"_". .',.. Respondent. I THIS CAUSE came on for and the Special Magistrate, havi advised in the premises, hereupon Special Magistrate, as follorvs: before the Special Magistrate on December 7,2012, Respondents' Motion for Continuance and being duly of Fact, Conclusions of Larv, and Order of the Code of Larvs and Ordinances, Article fol lorving particu lars: removed, interior rvalls are infested ./, l. Respondent is charged rvith violation of VI, Chapter 22, Section 22-231(12)(c), (1), Residence is vacant and unsecured, rvindorvs rvith mold, and roof is Respondents - Linda C. Daigle Collier Co. Code Enforcement Dept. ORDER COLLIER COUNTY CODE ENFORCEMf,NT SPECIAL IIIAGISTRATE Based upon the foregoing, and pursuant lo the authority grantedin Chapter I62, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: ( , , I A. The Respondent's Motion for Continuance of this case is grant;; f ' j :,/ B. All parties shall be re-noliced for a subsequent hearing dare. " "" : "r, , DONE AND ORDERED this \a^. ou, or-}gr-.,- ,2012 atco[ier cooqdinoria".''i!''' cc: C. 16.A.29.b Packet Pg. 998 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) *** oR 4868 PG 1980 *** ,:I.r' l_) ../,../; f,/.\,\,\ -*-y' '..'", . /.) jl. I -\.{' \f.. J,.!,'1 f ., rr,{, :.' ).'. '. .,/. :'., ) (',./ ; .). y'- " . '... 't .{// -) ._"1' ..l 1. '.,,' ;1, ../ .: ,. .?..,' ':.,. .3. i' :.. '' ,/t )".,*./ {l "..i.\tl,, ,.t,-../{r.1 I' -'/ 'l T. .. l--*J'll >.tte Oi ; Lr;XllrA iautttt o, COLUER I HEEEnI CERITIF1 THAT xrlroct cooy ol a oocumtm goard Mlnut$ and Recoror lllrugSS r,jgl5uay ot and (i,t rRocx, crf,it s 00um M 16.A.29.b Packet Pg. 999 Attachment: Backup documents (22839 : BCC v. Linda C. Daigle) rNsTR 4986223 oR 5040 PG 2349 RECoRDED 5/23/2OL4 9:L6 AM PAGES 2 DI,!,IGHT E. BROCK, CLERK OF THE CfRCUIT COURT' COLLIER COUNTY FLORIDA REc $18.50 CoLLIERCOT NTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -{EPM201200I3875 BOARD OF COUNTY COMMISSIONERS COLLIER CO['NTY, FLORIDA, Petitioner, vs. LINDA C. DAICLE AI\[D STEVf,N D. ENGLAND' Respondent THIS CAUSE came on May 2,2014, and the Special Magistrate, having and being duly advised in and Order of the Specialthe premises, hereupon Magistrate, as follows: L Respondents, Linda C.owners ofthe subject property. mail and posting and the Special2. Respondents were notified of Magistrate has jurisdiction of this matter. 3. Respondents, having been duly notified, did not appear at the public hearing. 4. The real property located at2045 Wilson Blvd, Naples, Florida, Folio #37598720001 (Legal Description: GOLDEN GATE EST UNIT 20 N 150FT OF TR 131), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22'231(12)(c), (i), and (p) in the following Particulars: Residence is vacant and unsecured, windows broken, doors are rcmoverl, intcrior rvalls are infested with mold, and roof is in need of repair. 5. The viotation has not been abated as ofthe date ofthe public hearing. ORDER Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED: ,e l:IJ 16.A.29.c Packet Pg. 1000 Attachment: Lien Order (22839 : BCC v. Linda C. Daigle) *** oR 5040 PG 2350 *** A. The Respondent's Motion for Continuance is denied. B. Daily fines of$250.00 per day are assessed against Respondent for 448 days for the period from February 9,2A13 to May 2,2014, for a total &mount of fines of $l 12,000.00. C. Previously assessed operational costs in the amount of $112.47 have been paid. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $114.03. E. Respondent is ordered to pay fines and costs in the total amount of$112.114.03 or be subject to Notice of Assessment of Lien against atl properties owned by Respondent in Collier County, Florida. F. The daily fine of $250.00 shall until abatement has been confirmed by a Collier County Code DOIYE AND OR.DERED this County, Florida. ENFORCEMENT pAYMENT OF FIIIIES: Any fines ordered to be paid pursuant to this order may be paid at the C"ttter Cor"ty Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (23g) 252-234f . n"y release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis order may also be obtained at this location. APPEAL: Any aggrieved parly may appeal a final order of the Special Magishate to the Circuit Court *ttht, thtrtj, (30) days of the execution of the Order appealcd. An appeal shall not be a hearing de novo, but shall UL timiteA to appellate review of the record created within the original hearing' It is the responsibility of the appealing parly to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order' state ol Florida Counly of COLLIER I HEREBY CERTIFY Respondent(s) - Linda C. Daigle and Steven D' England. Collier Co. Code Enforcement DePt. correct copy of a Board llinutes and cc: lVIINEBS mv 4lxhrvot 16.A.29.c Packet Pg. 1001 Attachment: Lien Order (22839 : BCC v. Linda C. Daigle) 16.A.29.d Packet Pg. 1002 Attachment: release of lien (22839 : BCC v. Linda C. Daigle)