Agenda 06/25/2024 Item #16A11 (The Board to release a code enforcement lien, in relation to CESM Case No. CESD20190002904)06/25/2024
EXECUTIVE SUMMARY
Recommendation to approve, pursuant to Resolution No. 2023-90, the release of a Code Enforcement lien
with an accrued value of $233,423.89, for a reduced payment of $3,055.60, in the Code Enforcement action
titled Board of County Commissioners vs. Johnny R. Mollett, relating to Folio #41508600000, Collier County,
Florida. Case No. CESD20190002904.
OBJECTIVE: To have the Board of County Commissioners accept an offer to release a code enforcement lien
with an accrued value of $233,423.89 for payment of $3,055.60 in relation to Code Enforcement Special Magistrate
Case No. CESD20190002904.
CONSIDERATIONS: As a result of a code violation at an unimproved property, Folio #41508600000, the Code
Enforcement Board ordered the imposition of liens against Johnny R. Mollett in Case No. CESD20190002904.
The violation consisted of the removal of vegetation from an unimproved parcel without a permit. The lien was
recorded in the Official Records on September 18, 2020, at O.R. Book 5817, Page 3132, and the lien amount of
$252,000 is based on 1,260 days of accrued fines ($200 per day from April 24, 2020, through October 5, 2023) plus
$118.56 in operational costs for a total of $252,118.56. The property was brought into compliance on October 5,
2023.
CDL Naples Investments LLC., acquired the property via Tax Deed recorded on August 15, 2023, at O.R. Book
6278, Page 1224. Surplus funds in the amount of $18,694.67 were applied to the recorded lien, leaving a balance of
$233,423.89. The property was brought into compliance on October 5, 2023.
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. The property
is being actively maintained, and CDL Naples Investments LLC. offers to pay $3,055.60 to settle the lien. The
recommended payment of $3,055.60 is based on ten percent of the Collier County Property Appraiser’s Assessed
Value of $30,556 and meets the criteria outlined in Resolution 2023-90. There are no known violations at this time.
Code Enforcement is recommending a reduction in the amount of $230,368.29 in accrued fines, as outlined in the
attached Code Lien Relief Application. There are currently no known violations on the property.
FISCAL IMPACT: Acceptance of payment of $3,055.60 to settle the lien will correlate to what is outlined in
Collier County Resolution 2023-90.
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 2023-90. RTT
RECOMMENDATION: To approve the recommended reduction of fines in the amount of $230,368.29, accept
payment amount of $3,055.60, release the lien, and authorize the Chairman to sign the attached release and
satisfaction of lien 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. Tax Deed 08.15.23 (PDF)
3. 3. Worksheet (PDF)
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06/25/2024
4. 4. CESD20190002904 Recorded FF Order (PDF)
5. 5. CESD20190002904 IOF (PDF)
6. 6. CESD20190002904 AOC (PDF)
7. 7. Executed release (PDF)
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06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 28842
Item Summary: Recommendation to approve, pursuant to Resolution No. 2023-90, the release of a Code
Enforcement lien with an accrued value of $233,423.89, for a reduced payment of $3,055.60, in the Code
Enforcement action titled Board of County Commissioners vs. Johnny R. Mollett, relating to Folio #41508600000,
Collier County, Florida. Case No. CESD20190002904.
Meeting Date: 06/25/2024
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
05/08/2024 8:22 AM
Submitted by:
Title: – Code Enforcement
Name: Thomas Iandimarino
05/08/2024 8:22 AM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
05/14/2024 11:11 AM
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 05/21/2024 11:26 AM
Code Enforcement Colleen Karlen GMCDD Reviewer Completed 05/21/2024 12:57 PM
Code Enforcement Thomas Iandimarino Director review Completed 06/04/2024 2:37 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
06/05/2024 9:20 AM
Unknown Jaime Cook GMCDD Reviewer Completed 06/11/2024 1:57 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 06/11/2024 1:59 PM
Growth Management Community Development Department James C French Growth Management Completed
06/11/2024 2:09 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/11/2024 2:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/12/2024 10:51 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 06/14/2024 4:33 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 6:51 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
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CoИ 4り
GroMh Management Department
Code Enforcement Division
2800 Horseshoe Drive N, Naples, FL 34104
Phone: (239) 252-2M0
APPLICATION FOR LIEN REDUCTION PURSUANT TO RESOLUTION 23-90
1. Applicants must filI 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 ofthe 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 lees 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.
8. The Counff may request fifther documentation
Datc暉 2ノ 詢 Code Case Numbers:
Email Address: l(If r'
Address of appUcant: 217
Property Owner(s) Name (if diffcrcnt from applicant):
Applicant's relationship / affiliation with the violator namcd in lien(s)
Managing Membels Name (if applicable):
Descriptionofunderlyitrgviolation(s): i.' l'Jll Jsh",r, lllslicJ'| Jt'o,rr o.
Name ofApttcant⊆DL叫 L姉 播 nd Ⅵdator(f“能rcnぅ :呻 PЪ ∥計「
Pbolle Number: /2多 1)3 |´/J/
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Address(es) of Liened erop..ty, \lqr-n,1/ Lrr,J
Follo Numbers: Ll1 5
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16.A.11.a
Packet Pg. 300 Attachment: 1. Code Lien Relief Application (28842 : BCC vs. Johnny R. Mollett)
Number ofother properties located within udncorporated Collier County owned by
Owner / Applicant / Managing Member:_ If any, attach list of property addresses.
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Are there any active (Code) violations on these properties? Yes- No /
Is the property current listed for sale? Yes No/
Does this property have a contract for sale pending: Yes No/If yes, attach the
contract and all releyant documenls. Anticipated closing date:
What is the current use of the property:
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Was this propery sOld Or transferred after the lien was recorded:Ycs 1/ NO J/yω,:鶴 r留 I之 等″σ
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ル驚ふlm犠 祗 If yes, was the property
pther (i.e. trllditional
purchase, received via inheritance).
If yes, was a titlc insurance policy issued at the time of sale? Yes_ No ,/ Ify"r, plror"
altach title insurance policy. If no title insurance was proctred, please provide an explanation as
to why no title insurance is available for the propergt:
Number of liens submitted as part of this application:JL
State the amount you are requesting to pay for eacfr Uen: { 1 O O
The reasons,compliance not obtained order Of
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 linancial hardship, the
measurable expenses incurred to bring the property into compliance' and thc diligence of
the pursuit to bring the property into compliance. All supporting documents to show the
the
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“鴛 pages / documents if necessary)
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Packet Pg. 301 Attachment: 1. Code Lien Relief Application (28842 : BCC vs. Johnny R. Mollett)
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, p lease identify:
I swear or affirm that all information is true to the best of my knowledge as of the date of
this signature
STATE OF FLORIDA
COUNTY OF COLLIER
The bregong hmment was admowhdged beforc me by means Of∠Physlc」
ARLENY00RCES
MY COmmissloN"HH 215476
0P:RES umuaり 15,2026
≧flPersona■y Known OR Produced ldenttricaion
Public―State of Florida)
A c\or\..r U of a
(Print, Type, or Stainp Co
Name of Notary Public)
Type of Identification Produced:
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Packet Pg. 302 Attachment: 1. Code Lien Relief Application (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 303 Attachment: 1. Code Lien Relief Application (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 304 Attachment: 2. Tax Deed 08.15.23 (28842 : BCC vs. Johnny R. Mollett)
Code Enforcement Lien Relief Program
Resolution 2023-90
1
Johnny R. Mollett
Folio # 41508600000
Legal: GOLDEN GATE EST UNIT 91 E 180FT OF TR 92
Section 1: Property Overview
RESOLUTION NO. 2023-90
Case Number: CESD20190002904, removal of vegetation from unimproved parcel without permits.
• 3/15/2019 - Original Date Case Opened
• Order Imposing Lien OR 5817 PG 3132
• 10/5/2023 – Violation Abated
Has the applicant been found to have repeat violations in the past five years: NO
History of other violations: New owner, none
Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the
applicant:
• 11/21/2023 – Subject property tax paid and utility charges (N/A vacant land)
• 11/21/23 Folio 83495040003 property taxes paid and utility charges (N/A vacant
land).
• 1/18/24 - 3477 Carson Lakes Circle and utility charges current
• 11/21/23 Folio 1068560002 property taxes paid and utility charges (N/A vacant
land).
• 11/21/23 Folio 1071040001 property taxes paid and utility charges (N/A vacant
land).
• 11/9/23 227 Fairway Cir property taxes paid and utility charges current
• Other Collier County liens: NO
• Expired permits: NONE
• Other properties owned by the applicant in Collier County: Yes
• CDL Naples Investment LLC:
▪ Folio 83495040003
▪ 3477 Carson Lakes Circle
▪ Folio 01068560002
▪ Folio 01071040001
• Peter Dean: 227 Fairway Circle
• Property use in compliance with Zoning laws: Yes, vacant residential.
• New owner title insurance policy and/or closing documents included: No, tax deed sale.
• 1/2/2024 - Code Lien Relief application received.
• 1/2/2024 - Application fee of $150 paid.
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Packet Pg. 305 Attachment: 3. Worksheet (28842 : BCC vs. Johnny R. Mollett)
Code Enforcement Lien Relief Program
Resolution 2023-90
2
•All hard costs, administrative fees, and operational costs were previously paid by tax deed
surplus.
Section 3: Eligibility
Lien Relief Attachments
1. Code Lien Relief Application & Documents
6. CESD20190002904 Code Case Details
Section 4: Collier County Property Appraiser’s Assessed Value as of January 4, 2024
Land Value $ 49,140
(+) Improved Value $ 0
(=) Market Value $ 49,140
(-) 10% Non-Homestead Cap $ 18,584
(=) Assessed Value $ 30,556
•Total Fines Accrued: $233,423.89. This amount is fixed and no longer accruing.
•Fine Accruals:
4/24/2020 Special Magistrate imposition of fines order (fines start date) through hearing
date 8/28/2020.
Order Items:
$200/day fine x 127 days $ 25,400.00
plus $118.56 in operational costs $ 118.56
8/29/23 tax deed surplus $ (118.56)
Total Fines: $ 25,400.00
Fines accrued after Imposition of Fines, 8/29/2020 through 10/5/2023.
Order Items:
$200/day fine x 1,133 days $ 226,600.00
8/29/23 tax deed surplus $ (18,576.11)
Total: $ 233,423.89
Recommended reduction amount: $ (230,368.29)
10% of Assessed Value: $ 3,055.60
Applicant offer: $ 300.00
3/20/24 Mr. Peter Dean agrees to pay 10% (as required) within 30 days of approval - IB
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Packet Pg. 306 Attachment: 3. Worksheet (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 307 Attachment: 4. CESD20190002904 Recorded FF Order (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 308 Attachment: 4. CESD20190002904 Recorded FF Order (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 309 Attachment: 5. CESD20190002904 IOF (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 310 Attachment: 5. CESD20190002904 IOF (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 311 Attachment: 6. CESD20190002904 AOC (28842 : BCC vs. Johnny R. Mollett)
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Packet Pg. 312 Attachment: 7. Executed release (28842 : BCC vs. Johnny R. Mollett)