Agenda 04/23/2024 Item #16A16 (Release of 2 code enforcement Liens by the Special Magistrate)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve the release of two code enforcement liens with an accrued value of $331,500 for
payment of $14,439.90 in the code enforcement action titled Board of County Commissioners v. Joanne
Christine Power Est. and Iris M. Paul, in Special Magistrate Case Nos. CESD20130007839 and
CENA20150015570 relating to property located at 3612 Croton Rd., Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release two code enforcement liens
with an accrued value of $331,500 for payment of $14,439.90 in relation to Special Magistrate Case Nos.
CESD20130007839 and CENA20150015570.
CONSIDERATIONS: As a result of a code violation at 3612 Croton Rd., the Special Magistrate ordered the
imposition of liens against Joanne Christine Power Est. and Iris M. Paul in Case No. CESD20130007839. The
violation consisted of multiple unpermitted, dilapidated accessory structures on the property. The lien was recorded
in the Official Records on November 26, 2014, at O.R. Book 5098, Page 1691, and the lien amount of $120,900 is
based on 2,418 days of accrued fines ($50 per day from October 5, 2014, through May 18. 2021). The property was
brought into compliance on May 18, 2021.
In Case No. CENA20150015570, due to a code violation consisting of an unauthorized accumulation of litter, the
Special Magistrate ordered an imposition of a lien against Joanne Christine Power Est. and Iris M. Paul. The lien
was recorded in the Official Records on February 3, 2016, at O.R. Book 5239, Page 0526, and the lien amount of
$210,600 is based on 2,106 days of accrued fines ($100 per day from January 16, 2016, through June 17, 2021).
The property was brought into compliance on June 17, 2021.
Pursuant to Resolution No. 2023-90, a request for reduction of fines may be considered, in part, when a lien
encumbers property under new ownership, and the new owner has diligently pursued abatement and achieved
compliance and/or when payment of the lien would impose a severe financial hardship on the owner. William L.
Poyer and Iris Poyer purchased 3612 Croton Rd. via Quit Claim Deed recorded on August 31, 1973, at O.R. Book
0598, Page 1691. After the Poyer’s divorce, Iris Poyer, now known as Iris Paul, remained on the deed. Although
Mrs. Paul didn’t live at the property when the violations occurred, she’s been in contact with our office over the
years and attempted to resolve the liens when she became aware.
Mrs. Paul had offered to pay $22,000 to settle the liens when she submitted her Code Lien Relief Application,
equating to approximately 10% of the property's Land Value, $218,018. However, Code Enforcement recommends
following Resolution 2023-90, Section (4), which states, “the lien shall be reduced to a sum not to exceed ten
percent (10%) of the Assessed Value of the property” and accept payment of $14,439.90 based on ten percent of the
Collier County Property Appraiser’s Assessed Value of $144,399.
Code Enforcement is recommending a waiver of $317,060.10 in accrued fines, as outlined in the attached Code
Lien Relief Application. There are no known violations at this time.
FISCAL IMPACT: Acceptance of a payment of $14,439.90 to settle the liens will correlate to what is outlined in
Collier County Resolution 2023-90.
GROWTH MANAGEMENT IMPACT: No growth management impact is 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 2023-90.
RECOMMENDATION: To approve the recommended reduction of fines in the amount of $317,060.10, accept
payment amount of $14,439.90, release the liens, and authorize the Chairman to sign the attached release and
16.A.16
Packet Pg. 512
04/23/2024
satisfaction of liens for recording in the Official Public Records.
Prepared by: Tom Iandimarino, Director, Code Enforcement Division
ATTACHMENT(S)
1. 1. Code Lien Relief Application (PDF)
2. 2. Deed (PDF)
3. 3.Revised Worksheet (PDF)
4. 4. CESD20130007839 Recorded FF Order (PDF)
5. 5. CESD20130007839 IOF (PDF)
6. 6. CESD20130007839 - AOC (PDF)
7. 7. CENA20150015570 Recorded FF Order (PDF)
8. 9. CENA20150015570 - AOC (PDF)
9. 10. executed releases (PDF)
10. Owner Letter (PDF)
16.A.16
Packet Pg. 513
04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 27931
Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of
$331,500 for payment of $14,439.90 in the code enforcement action titled Board of County Commissioners vs.
Joanne Christine Power Est., and Iris M. Paul, in Special Magistrate Case Nos., CESD20130007839 and
CENA20150015570 relating to property located at 3612 Croton Rd., Collier County, Florida.
Meeting Date: 04/23/2024
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
03/29/2024 3:37 PM
Submitted by:
Title: – Code Enforcement
Name: Thomas Iandimarino
03/29/2024 3:37 PM
Approved By:
Review:
Growth Management Community Development Department David Merino GMD Approver Skipped
03/29/2024 3:41 PM
Code Enforcement Colleen Karlen Additional Reviewer Completed 03/29/2024 3:42 PM
Code Enforcement Thomas Iandimarino Director review Completed 03/29/2024 3:45 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
04/03/2024 12:07 PM
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 04/04/2024 4:26 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
04/08/2024 8:56 AM
Unknown Jaime Cook GMCDD Reviewer Completed 04/11/2024 8:22 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 04/16/2024 9:22 AM
Growth Management Community Development Department James C French Growth Management Completed
04/16/2024 11:30 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 11:41 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 04/16/2024 11:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 12:02 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/17/2024 3:16 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.A.16
Packet Pg. 514
CffirrCor.*,ry
r u=.*r=
Gro\ /th Management Deparbnent
Code Enforcement Dvision
2800 Horseshoe Drive N, Naples, FL34l04
Phone. (239)252-2440
APPLICATION FOR LIEN REDUCTION PURSUANT TO RESOLUTION 23.90
l. Applicants must fill out and sign the form below and provide all required
supporting documents.
2. Applicants should provide the completed application to the Code Enforcement Division
at the address listed above.
3. Payment of $150 is due at the time of the application
4. All administrative fees and hard costs must be paid at the time of submission of
this application
5. The applicant must have no other active code violations on any other property in
Collier County.
6. All ad valorem property taxes, special assessments, Collier County utility charges or other
Collier County fees or liens against the subject real property and all other properties
owned by the applicant must be current.
7 . There must be no expired permits on property owned by the applicant or managing
member of the applicant.
The further documentation
CESD20130007839 and CENA201500155570
lris Paul
Name of Applicant.Original Violator (if different):
Ckostuk@gmail.com 239‐777-1420
Email Address:Phone Number.
Address of Applicant:3934 Mohawk Place Naples, F!34112
lris Paul
Property Owner(s) Name (if different from applicant):
Applicant's relationship / afliliation with the violator named in lien(s):Great Aunt
Managing Membe/s Name (if applicable)
Address(es) of Liened Property.
63s05080009
Folio Numbers.
3612 Croton Rd Naples, FL 34104
12112t23
Date; t Code Case Numbers:..ff;ffi,t,x
Description of underlying violation(s):
Multiple unpermitted and dilapidated structures and accumulation of litter.
16.A.16.a
Packet Pg. 515 Attachment: 1. Code Lien Relief Application (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Number of other properties loctted within unincorporated Collier County owned by
Owner / Applicant / Managing Member:r/、ゃ、αr″
“
′Is′可
「
"erク
α洲 ″SSι'Are there any active(CodC)ViOlatiOns on these properties? Ycs___1ヾ OX__
Is the property current listed for sale? Yes NoX
Does this property have e contract for sale pending. Yes NoX lf yes, attoch the
conlracl and all relevanl documents. Anticipated closing date:
What is the current use of the property:EMPTY
Are there
applicant:
any expired permits on the property or any other property owned by the
Yes Nox lfyes, please provide an explanation.
Was this property sold or transferred after the lien was recorded: Yes__ Nox fyeq
please attach all closing documents including lhe purchase ogreement. lfyes, rvas the property
obtained via:Tax Deed Foreclosure Sale Other (i.e. traditional
purchase, received via inheritance).
If yes, was r title insurance policy issued at the time of sale? Yes_ No\-_If yes, please
attqch title insurance policy. If no title instrance was procured, please provide an explanation as
to why no title insurance is available for the properly:
Number of liens submitted as part of this application:2
State the amount you are requesting to pay for each lien:$8,400AND $14,600 TOTALOF $22,000
The reasons, if any, compliance was not obtained prior to the order of imposition:
ATTHETIMEIWAS79YEARSOLDTAKINeCAREOFMYQUADRlPLEGICSONANDASKEDANDDEMANDED
THE TENANIS TO CLEAN UP THEY HAVE BEEN SOUATTlNG FOR YEARS AND NOW IM ABLE TO CErTHIS
MESS CLEANED UP SO W:TH MY PASS;NG MY SON WiLL NOT HAVE TO GO THROUGH THIS
Provide the factual basis as to why a reduction ofthe lien should be granted. Please describe
the extent to which payment of the full lien would impose a severe finanr:ial hardship, the
measurable expenses incurred to bring the property into compliance, and the diligence of
the pursuit to bring the property into compliance. All supporting documents to show the
measurable expenses shall be attached. (Atlach additional pages . documenls if necessory)
I have limited inclme. My son is a quadriplegic. All mytime and income goes to him to maintain his health. With my
old age I want to lake care of this mdter. lm regretful and sorry i have noi done something sooner. My son willnot
be able to correct lhis issue. I am able to altord $22,000 in total at your earliest convenienc€.
16.A.16.a
Packet Pg. 516 Attachment: 1. Code Lien Relief Application (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Select all documents that are being submitted in support ofthe application.
Title insurance
Closing documents
Contract for pending sale
Proof of expenses to bring property into compliance
Other
I swear or aflirm
this signature
that all information is true to the best of my knowledge as of the date of
STATE OF FLORIDA
COUNTY OF COLLIER
ξだ言iMasonぃ 。Fgan氏:0三
Le forcgott instrttment was acknowledged bc・ fore me by means
PreSen∝or_online nd誼 z誼 on′血JZち ay J&空 壼L捜 025by△
ぎ藷嘉l蛉
=Φ場_、vT霜 潔nar
勢ざギ顎°cで0ヾτえ窃′ρ,F、話ヽ稔′′9,F、1:S
-
Personally Known OR ,6r*u*ldentification
Type of Identification Produced: ,-, ! \
\J rl u<rc L \ c <.".3 <
(Print, Type, or Stamp Commissioners
Name of Notary Public)
Signahrre of Applicant
16.A.16.a
Packet Pg. 517 Attachment: 1. Code Lien Relief Application (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.b
Packet Pg. 518 Attachment: 2. Deed (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.b
Packet Pg. 519 Attachment: 2. Deed (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Code Enforcement Lien Relief Program
Resolution 2023-90
1
Joanne Christine Poyer Est and Iris M. Paul
3612 Croton Rd Naples, FL 34104
Folio # 63505080009
Legal: NAPLES VILLAS BLK H LOT 13
2nd lot (no lien): Folio #63505040007
Legal: NAPLES VILLAS BLK H LOT 12
Section 1: Property Overview
RESOLUTION NO. 2023-90
3612 Croton Rd is the subject property.
Code Enforcement Case Number: CESD20130007839, for multiple unpermitted, dilapidated accessory
structures on the property.
•5/30/2013 - Original Date Case Opened
•5/18/2021 – Violation Abated
Code Enforcement Case Number: CENA20150015570, for unauthorized accumulation of litter.
•8/3/2015 - Original Date Case Opened
•6/17/2021 – Violation Abated
•Has the applicant been found to have repeat violations in the past five years: NO
•History of other violations: (list includes only cases Iris M. Paul was a named owner)
•CENA20110006059: litter case 5/6/11, closed 9/15/11.
•CEPM20110010867: paint chipping & peeling, soffit missing, plywood over windows
8/4/11, closed 9/21/11.
•CENA20120003709: litter and debris 3/12/12, closed 8/13/12.
16.A.16.c
Packet Pg. 520 Attachment: 3.Revised Worksheet (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Code Enforcement Lien Relief Program
Resolution 2023-90
2
•CENA20130008028: litter 6/4/13, closed 11/21/13.
•CENA20130008416 (Folio 63505040007): litter 6/12/13, closed 11/7/13.
•CEV20130011784 (Folio 63505040007): inoperable/unlicensed van 8/21/13, closed
10/3/13.
•CENA20140003932 (both folios): litter and illegal storage 2/26/14, closed 5/23/14.
•CEV20190011838 (3934 Mohawk Pl): SUV with expired tag 9/26/19, closed 11/19/19.
o None of these cases went before the Special Magistrate or Code Enforcement
Board
Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by
the applicant:
•11/30/2023 - Property tax paid for subject property and utility charges current.
•Folio 63505040007 property taxes paid 1/12/24; no utilities.
•3934 Mohawk Pl – property taxes paid 11/30/23 and utility charges current.
•Other Collier County liens: NO
•Expired permits: No
•Other properties owned by the applicant in Collier County: Yes
•3934 Mohawk Pl
•Folio 653505040007 (lot adjoining subject property)
•Property use in compliance with Zoning laws: YES, Residential
•New owner title insurance policy and/or closing documents included: N/A
•12/15/2023 - Code Lien Relief application received.
•12/15/2023 - Application fee of $150 paid
•All hard costs, administrative fees, and operational costs were previously paid.
Section 3: Eligibility
Lien Relief Attachments: CESD20130007839 & CENA20150015570
1. Code Lien Relief Application
6. CESD20130007839 Code Case Details
10.CENA20150015570 Code Case Details
16.A.16.c
Packet Pg. 521 Attachment: 3.Revised Worksheet (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Code Enforcement Lien Relief Program
Resolution 2023-90
3
Section 4: Collier County Property Appraiser’s Assessed Value as of December 29, 2023
Land Value $ 218.018
(+) Improved Value $ 60,776
(=) Market Value $ 278,794
(-) 10% Non-Homestead Cap $ 134,395
(=) Assessed Value $ 144,399
•Total Fines Accrued: $331,500.00. This amount is fixed and no longer accruing.
•Applicant Case History (Owner since 1973; however, Ms. Paul did not reside at subject
property during violations)
•Fine Accruals:
10/5/2014 – CESD20130007839 Special Magistrate imposition of fines order (fines start
date) through hearing date 11/7/2014.
Order Items:
$50/day fine x 34 days $ 1,700.00
plus $114.10 in operational costs $ 114.10
11/3/2021- fees paid $ (114.10)
Total Fines: $ 1,700.00
Fines accrued after Imposition of Fine, 11/8/2014 through 5/18/2021.
Order Items:
$50/day fine x 2,384 days $ 119,200.00
Total: $ 120,900.00
9/12/2015 – CENA20150015570 Special Magistrate imposition of fines order (fines start
date) through hearing date 1/15/2016.
Order Items:
$100/day fine x 126 days $ 12,600.00
plus $230.28 in operational costs $ 230.28
11/3/2021- fees paid $ (230.28)
Total Fines: $ 12,600.00
16.A.16.c
Packet Pg. 522 Attachment: 3.Revised Worksheet (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
Code Enforcement Lien Relief Program
Resolution 2023-90
4
Fines accrued after Imposition of Fine, 1/16/2016 through 6/17/2021.
Order Items:
$100/day fine x 1,980 days $ 198,000.00
Total: $ 210,600.00
Both Liens Total: $ 331,500.00
Recommended reduction amount:
10% of Assessed Value:
Applicant offer:
Staff Recommendation:
$ (317,060.10)
$ 14,439.90
$ 22,000.00
$ 14,439.90
16.A.16.c
Packet Pg. 523 Attachment: 3.Revised Worksheet (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.d
Packet Pg. 524 Attachment: 4. CESD20130007839 Recorded FF Order (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.d
Packet Pg. 525 Attachment: 4. CESD20130007839 Recorded FF Order (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.e
Packet Pg. 526 Attachment: 5. CESD20130007839 IOF (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.e
Packet Pg. 527 Attachment: 5. CESD20130007839 IOF (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.e
Packet Pg. 528 Attachment: 5. CESD20130007839 IOF (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.f
Packet Pg. 529 Attachment: 6. CESD20130007839 - AOC (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.g
Packet Pg. 530 Attachment: 7. CENA20150015570 Recorded FF Order (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.g
Packet Pg. 531 Attachment: 7. CENA20150015570 Recorded FF Order (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.h
Packet Pg. 532 Attachment: 9. CENA20150015570 - AOC (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.i
Packet Pg. 533 Attachment: 10. executed releases (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
16.A.16.i
Packet Pg. 534 Attachment: 10. executed releases (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)
IRIS PAUL
3934 MOHAヽ ″K PLACE
NAPLES,FL 34112
Code Enforcement
2800 North Horseshoe Drive
Naples, FL 34104
RE: Parcel Number 63505080009
Legal Description Naples Villas Blk H Lot 13
Dear Commissioner Penny Taylor,
Regarding CESD 20130007839 and CENA 20150015570 which are code
enforcement fines on the above listed property.
I am experiencing extreme hardship with the loss of my husband, taking care of
my son who is a limited quadriplegic, and myself at age 79. As you know, many of
us are having difficult times just making ends meet with day-by-day expenses. My
limited income has to cover not only basic expenses but many medical expenses
involving my son.
Please advise as how to resolve this issue.
Enclosed please find payment for $344.38; this covers the administration fee that
I understand is due.
Thanking you in advance for any assistance that you can provide.
Sincerely,
lris Paul
膨
16.A.16.j
Packet Pg. 535 Attachment: Owner Letter (27931 : BCC vs. Joanne Christine Power Est. and Iris M. Paul)