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Agenda 09/10/2024 Item #16A10 (Approve the release of two code enforcement liens with an accrued value $65,100, for payment of $8,725, in relation of Code Enforcement Special Magistrate Cases)09/ 10/2024 EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens with an accrued value of $65,100, for a reduced payment of $8,725, in the code enforcement action titled Board of County Commissioners vs. Jeffrey M. Stone and Kelsey Edwards, relating to property located at 46 Moon Bay St., Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release two code enforcement liens with an accrued value of $65,100 for payment of $8,725 in relation to Code Enforcement Special Magistrate Case Nos. CEV20200005707 and CELU20210010147. CONSIDERATIONS: As a result of code violations at 46 Moon Bay St, the Special Magistrate ordered the imposition of a lien against Jeffrey M. Stone and Kelsey Edwards in Case No. CEV20200005707. The violations consisted of unlicensed/inoperable vehicles on the property (Part C 1), and unlicensed/inoperable vehicles parked on the grass (Part C 2). The lien was recorded on February 25, 2021, at O.R. Book 5898, Page 936, in the amount of $12,623.60. Fines continued to accrue, therefore the lien amount of $53,300, is based on 533 days of accrued fines ($50 per day from October 4, 2020, through February 5, 2021), totaling $26,650 for (Part C 1) and $26,650 for (Part C 2). The property was brought into compliance by the family on March 21, 2022. In Case No. CELU20210010147, the violation consisted of outside storage and/or litter, including, but not limited to, tires, containers, wood, shopping carts, and bicycles. The lien was recorded on February 28, 2022, at O.R. Book 6090, Page 696, in the amount of $5,823.40. Fines continued to accrue, therefore the lien amount of $11,800, is based on 118 days of accrued fines ($100 per day from December 11, 2021, through April 7, 2022). The property was brought into compliance by the family on April 7, 2022. 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. Mardi Moorman, Mr. Stone's Power of Attorney, obtained Permit PRDM20220943403 to demolish the residence, and the Certificate of Completion was issued on October 20, 2022. The recommended payment of $8,725 is based on ten percent of the Collier County Property Appraiser's Assessed Value of $87,250 and meets the criteria outlined in Resolution 2023-90. There are no known violations at this time. Code Enforcement is recommending a waiver of $56,375 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 $8,725 to settle the liens 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 $56,375, accept payment amount of $8,725, release the liens, and authorize the Chairman to sign the attached releases and satisfaction of liens for recording in the Official Public Records. Prepared by: Tom Iandimarino, Director, Code Enforcement Division Packet Pg. 264 09/ 10/2024 ATTACHMENT(S) 1. Application 4.18.24 (PDF) 2. Stone & Edwards - Worksheet (PDF) 3. Deed 12.27.16 (PDF) 4. CEV20200005707 OFF (PDF) 5. CEV20200005707 IOF (PDF) 6. CELU20210010147 FF (PDF) 7. CELU20210010147 IOF (PDF) 8. signed releases (PDF) Packet Pg. 265 16.A.10 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 29545 Item Summary: Recommendation to approve the release of two code enforcement liens with an accrued value of $65,100, for a reduced payment of $8,725, in the code enforcement action titled Board of County Commissioners vs. Jeffrey M. Stone and Kelsey Edwards, relating to property located at 46 Moon Bay St., Collier County, Florida. Meeting Date: 09/10/2024 Prepared by: Title: — Code Enforcement Name: Dana Rarey 07/31/2024 10:11 AM Submitted by: Title: — Code Enforcement Name: Thomas Iandimarino 07/31/2024 10:11 AM Approved By: Review: Transportation Management Operations Support Evelyn Trimino Code Enforcement Thomas Iandimarino Director review Code Enforcement Colleen Karlen GMCDD Reviewer Operations & Regulatory Management Diane Lynch GMCDD Reviewer Growth Management Community Development Department Diane Lynch Unknown Jaime Cook GMCDD Reviewer Growth Management Community Development Department Dana Rarey Growth Management Community Development Department James C French County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Ronald Tomasko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke OMB Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending GMCDD Reviewer Completed 08/05/2024 12:18 PM Completed 08/06/2024 8:31 AM Completed 08/07/2024 12:39 PM Skipped 08/12/2024 2:23 PM GMD Approver Completed 08/12/2024 2:50 PM Completed 08/26/2024 10:33 AM GMD Approver Skipped 07/31/2024 10:19 AM Growth Management Completed 08/27/2024 9:21 AM Completed 09/04/2024 2:05 PM Completed 09/04/2024 2:22 PM Completed 09/04/2024 2:29 PM Completed 09/04/2024 2:56 PM Completed 09/04/2024 3:07 PM 09/10/2024 9:00 AM Packet Pg. 266 16.A.10. a APPLICATION FOR LIEN REDUCTION PURSUANT TO RESOLUTION 23-90 1. 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 $ I50 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, 8. The County may request further documentation Date: Q411512024 Code Case Numbers: CELLLJ20210010147 & CEV20200005707 Name of Applicant; Mardi S Moorman Original Violator (if different): Jeffrey M. Stone Email Address: mmoorm@hotmail.eom phone Number:239-250-3090 Address of Applicant:3109 Valley Ln, Falls Church, VA 22044 Property Owner(s) Name (if different from applicant): Jeffrey M. Stone & Kelsey Edwards Applicant's relationship 1 affiliation with the violator named in lien(s): Managing Member's Name (if applicable): Address(es) of Liened Property: Sister/Aunt 46 Moon Bay St. Maples, FL 34114 Folio Numbers: 68341720007 Description of underlying violation(s): Code violations (overgrown yard) Packet Pg. 267 16.A.10. a Number of other properties located within unincorporated Collier County owned by Owner 1 Applicant 1 Managing Member: x If any, attach list of property addresses. Are there any active (Code) violations on these properties? Yes— No x Is the property current listed for sale? Yes x` No Does this property have a contract for sale pending: Yes. contract and all relevant documents. Anticipated closing date: What is the current use of the property: VACANT LAND No-x If yes, attach the Are there any expired permits on the property or any other property owned by the applicant:_ Yes No x If yes, please provide an explanation. Was this property sold or transferred after the lien was recorded: Yes No x If yes, please attach all closing documents including the purchase agreetnent, If yes, was the property obtained via: Tax Deed Foreclosure Sale Other (i.e. traditional purchase, received via inheritance). If yes, was a title insurance policy issued at the time of sale? Yes No Ifyes, please attach title insuranee policy. If no title insurance was procured, please provide an explanation as to why no title insurance is available for the property: N/A Number of liens submitted as part of this application: State the amount you are requesting to pay for each lien: $8,725.00 The reasons, if any, compliance was not obtained prior to the order of imposition: UNABLE TO PAY FINES Provide the factual basis as to why a reduction of the lien should be granted. Please describe the extent to which payment of the full lien would impose a severe financial 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. (Attach additional pages /documents if necessary) Jeff has beeen disabled for many years and was not able to maintain mowing, etc. He has been In nursing home, assisted living fadity since May 2022. His disabi9ity income has paid for his care, I have had the unit town down (due to squatters and unable to maintain from a distance) and have paid for regntaring mowi4maintai:ning since demolition of home. to tJ U m LO N Packet Pg. 268 16.A.10. a FOR INTERNAL USE ONLY: Code Enforcement Case Number(s): Original Violation Date: Order Imposing Lien (Book/ Page): Date Compliance Met: Currently in compliance with existing codes at all properties owned by the applicant: Yes No Current Amount of Lien: Payment of all hard costs and administrative fees: Yes No Current Assessed Value of Property; Property use consistent with permitted use: Yes No Any expired permits: Yes No Current with all property taxes, special assessments, utility charges, etc.: Yes No Has applicant been found to have repeat violations at any property in the past 5 years: Yes No History of other violations: Recommended reduction amount: N U U 00 LO N Packet Pg. 269 16.A.10. a Select all documents that are being submitted in support of the application. Title insurance Closing documents Contract for pending sale x Proof of expenses to bring property into compliance Other, please identify, I swear or affirm that all information is true to the best of my knowledge as of th,d to of this signature ture of A STATE OF F4m0R+f41 V jV6J1V 1 COUNTY OF G96b4EIR fj2L.,e0C�T�7 The foregoing instrument was acknowledged before me by means of Zphysical I presence or T online notarization, this LZday of+�_ 20 y 00 rAC 4 4 1WOTARy N1 PUBitc n REG. # 7514139 MY comma $ton rxPtREs 'Z or3 v2025 ) • y 'i.,,Fl t T H OF+,+' f1,11111'"" _ Personally Known OR,Zfroduced Identification of Notary Public -State of Florida) WUMA"I-. ant, Type, or Stamp Commissioners me of Notary Public) Type of Identification Produced: - C b" CV L M 3 w a� a� Y c aD c 0 r a N U U 00 LO N 00 7 c 0 .Q a a r c m M v R Q Packet Pg. 2 0771 16.A.10.b Code Enforcement Lien Relief Program Resolution 2023-90 Jeffrey M. Stone and Kelsey Edwards Folio # 68341720007 Legal: PORT AU PRINCE LT 46 OR 975 PG 695 46 MOON BAY ST 3 Section 1: Property Overview w d N RESOLUTION NO.2023-90 Y Case Number: CEV20200005707, unlicensed/inoperable vehicles on the property and vehicles parked on grass. 0 • 5/20/2020 - Original Date Case Opened Cn • Order Imposing Lien OR 5898 PG 936 • 3/21/2022 — Violation Abated, operational costs paid 3/30/2022 a� Case Number: CELU20210010147, outside storage and/or litter consisting of, but not limited to, a car seat > cover, wood, moving carts and bicycles. v U m • 9/29/2021 - Original Date Case Opened LO • Order Imposing Lien OR 6090 PG 696 CD N • 4/7/2022 — Violation Abated, operational costs paid 3/30/2022 Has the applicant been found to have repeat violations in the past five years: NO History of other violations: [Current Ownership Jeffery M Stone & Kelsey Edwards (son) since 12/20161 • CENA20170010154: 6/13/2017, weeds/grass in excess of 18", voluntary compliance, case closed 6/20/2017. • CENA20170010859: 6/26/2017, recliners curbside, abated, case closed 6/30/2017. • CEPM20170011304: 7/5/2017, extension cord connected from neighboring property, voluntary compliance, case closed 7/17/2017. • CEV20170011383: 7/6/2017, vehicle parked on lawn, voluntary compliance, case closed 7/17/2017. • CENA20180012356: 10/3/2018, weeds/grass in excess of 18" and litter, voluntary compliance, case closed 11/15/2018. • CENA20190002404: 3/4/2019, weeds/grass in excess of 18", prohibited outside storage and litter, voluntary compliance, case closed 4/15/2019. • CELU20190011006: 9/9/2019, weeds/grass in excess of 18" and prohibited outside storage, Special Magistrate hearing OR 5703 PG 2467 recorded 12/9/2019, case closed 11/4/2019, operational costs paid 2/7/2020. 1 Packet Pg. 271 16.A.10.b Code Enforcement Lien Relief Program Resolution 2023-90 • CENA20200005709: 5/29/2020, weeds/grass exceeding 18" throughout the property, OR 5864 PG 1226 recorded 12/21/2020, abated 9/28/2020, case closed 9/29/2020, Lien OR 5898 PG 933 recorded 2/25/2021 for unpaid operational costs, operational costs paid 3/30/2022, Lien released OR 6123 PG 3311 on 5/9/2022. y • CEPM20220006754: 7/20/2022, unsecured doors, window panels damaged or missing, c� exposed wiring next to front door, and hole on exterior wall, home demolished Permit -a PRDM20220943403 was Finaled on 10/20/22, case closed 10/25/2022. w d N Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the Y applicant: c� • Property tax paid 4/2/2024 and utility charges paid 4/10/2024 c • Other Collier County liens: No in • Expired permits: None • Other properties owned by the applicant in Collier County: None • Property use in compliance with Zoning laws: Yes, vacant residential. • New owner title insurance policy and/or closing documents included: No • 4/18/2024 - Code Lien Relief application received. v • 4/18/2024 - Application fee of $150 paid. m • All hard costs, administrative fees, and operational costs were previously paid. LO Section 3: Eligibility un w N Lien Relief Attachments Code Enforcement Lien Relief - Application and Documents CEV20200005707 Code Case Details CELU20210010147 Code Case Details Section 4: Collier County Property Appraiser's Assessed Value as of April 19, 2024 Land Value $ 128,066 (+) Improved Value $ 0 (_) Market Value $ 128,066 (-) 10% Non -Homestead Cap $ 40,816 (_) Assessed Value $ 87,250 2 Packet Pg. 272 16.A.10.b Code Enforcement Lien Relief Program Resolution 2023-90 • Total Fines Accrued: $65,100. This amount is fixed and no longer accruing. • Fine Accruals: CEV202000005707: 2/5/2021 Special Magistrate imposition of fines order OR 5898 PG 936 recorded 2/25/2021, Part C 1, unlicensed/inoperable vehicles, 10/4/2020 through hearing date 2/5/2021 & Part C 2, vehicles parked on grass, 10/4/2020 through hearing date 2/5/2021. Order Items: Part C 1, $50/day fine x 124 days $ 6,200.00 Part C 2, $50/day fine x 124 days $ 6,200.00 plus $223.60 in operational costs $ 223.60 Total: $ 12,623.60 Fines accrued after Imposition of Fines, 2/6/2021 through 3/21/2022. Order Items: Part C 1, $50/day fine x 409 days Part C 2, $50/day fine x 409 days Operational costs paid 3/30/2022 $ 20,450.00 $ 20,450.00 $ 40,900.00 $ (223.60) Total: $ 53,300.00 CELU20210010147: 2/4/2022 Special Magistrate imposition of fines order OR 6090 PG 696 recorded 2/28/2022, 12/11/2021 through hearing date 2/4/2022 Order Items: $100/day fine x 56 days plus $223.40 in operational costs $ 5,600.00 $ 223.40 Total Fines: $ 5,823.40 Fines accrued after Imposition of Fines, 2/5/2022 through 4/7/2022. Order Items: $100/day fine x 62 days $ 6,200.00 Operational costs paid 3/30/2022 $ (223.40) Total: $11,800.00 Total Lien for both cases: $ 65,100.00 3 Packet Pg. 273 16.A.10.b Code Enforcement Lien Relief Program Resolution 2023-90 Recommended reduction amount: $ (56,375.00) 10% of Assessed Value: $ 8,725.00 Applicant offer: 4 $ 8,725.00 2 m L d i U U m LO le In CD N Packet Pg. 274 INSTR 5349740 OR 5347 PG 1359 RECORDED 12/27/2016 3:09 PN PAGEs 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 76.A.10.c Prepared By: Jeffrey M. Stone 46 Moon Bay St. Naples, Florida 34114 After Recording Return To: Kelsey Edwards 46 Moon Bay St. Naples, Florida 34114 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED WITNESSETH, o JV47eGRANTOR(S), Jeffrey M. Stone, a singe *son for and in consideration of the sum of: �One ;Dollar ($1.00) and/or other good and valuable consideration to the below Grantee(s) inbandlpaid by the Grantee(s), the receipt whereof is hereby acknowledged: '1W - Jeffrey M. Stone and Kelsey Edwards as joint, owners with full right of survivorship, a single person, residing at 46,Moon Bay Sk; Na es, Collier County, Florida 34114 Grantor does hereby remise, release, and quit-clairri untro tl}e Grantee, the Grantee's heirs and assigns forever, all the rights, title, interest, claim of the, Qtantor. in and to the following described land, in an unincorporated area in the County of Collier, sfate of FLORIDA to wit: Legal Description: Lot 46, Port an Prince, as recorded in Plat Book 13, Page 51 of the Public Records of Collier County, FL also known as East 1/2 of the Nest 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4 of Section 15, Township 51 South, Range 26 East, leis the North 150 feet and less the South 450 feet with the West 60 feet being reserved for publice ement. Subject to taxes, easements, reservations and restrictions of records. To have and to hold the same together with all and singular the appurtenances her mto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, an ,4,e whatsoever for the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. Transfer from father to father and son. as joint owners - gift with no money exchanged Tax Parcel Number: 68341720007 Mail Tax Statements To: Jeffrey M. Stone and Kelsey Edwards 46 Moon Bay St. Naples, Florida 34114 [SIGNATURE PAGE FOLLOWS] Packet Pg. 275 *** OR 5347 PG 1360 *** 16.A.70.c The foregoing instrument was ackno p'c- d016 by have produced Grantor Signatures: DATED: Jeffrey= �eST&36 46 Moon Bay St. Naples, Florida, 34114 In Witness Whereof, Wditness Naples 'R Florida N10(\ �IC�CQP Witnes , STATE OF FLORIDA, COUNTY'OF`;COLLIER, ss: :ore me thisv) 3 day of Stone, who are personally known to me or who as identification. Naples Florida person taking acknowledgment Name t t'. "iw43f apwl2 "„OxmE& August 17. 2017 *v~�a ".' � � ione�dinNludsdNahn Title or rank Serial number (if Packet Pg. 276 INSTR 5973146 OR 5864 PG 1230 RECORDED 12/21/2020 11:20 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $44.00 16.A.10.d COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20200005707 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JEFFERY M. STONE and KELSEY Respondents. THIS CAUSE cameo for ublic bkk rjngbefc rq the Special Magistrate, havi4lie�`tAti�n�y° u� respective to all appropriate mes hereupon issues its of the Special Magistrate, as fo1P FINDINd FFACT and CO 1 Respondents are the owners of thel: 4 t ,rop 34114, Folio No 68341720007 Irate on September 4, 2020, and evidence and heard argument Conclusions of Law and Order at 46 Moon Bay Street, Naples, FL 2 Respondents, JEFFERY M. STONE and KELSEY EDWARDS, were duly notified of the date of hearing by certified mail and posting, but did not appear at the public hearing, having entered into a Stipulation that resolved all outstanding issues between the parties. 3 The real property owned by Respondents is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Collier County Land Development Code 04-41, as amended, Section 4 05 03(A) in the following particulars Unlicensed/inoperable vehicles on the property and vehicles parked on the grass. 4 The violation had not been abated as of the date of the 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 Collier County Ordinance No 07-44, as amended, Packet Pg. 277 OR 5864 PG 1231 16.A.10.d IT IS HEREBY ORDERED: A Respondents are found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Collier County Land Development Code 04-41, as amended, Section 4 05.03(A) by having unlicensed and/or inoperable vehicles on their property and having vehicles parked on the grass -E B Respondents are ordered to pay operational costs for the prosecution of this case in the amount w of $111.65 on or before October 4, 2020. a� w C Respondents are ordered to abate all violations by Y 1 Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely is ckyehicle is immediately operable, or enclosed structure, and/or repair„dZ-12 0 remove offending vehicles ffo �l y q urea on or before October 4, 2020, or a fine of $50.00 a da`obe`impiolation has been abated 2 Removing vehicles,,parked;--oit-the front yard grass ar' to stabilized subsurface base or plastic grid stabih atioli systemooveii�d by siur ace are s made of concrete, crushed stone, � crushed shell, asphalt,;"�ars�o par scifially designated for parking of automobiles, not to e�e d o �Sf �e nA,= a1 'FoZs mg on or before October 4, 2020 > V or a fine of $50. O r day 11 e m cis for 4cl daV the! violation remains op D. Respondents shall noti�* Code Enforcement I*Yestigatorf v* n 24 hours of abatement or , compliance so that a firiili�s ection may be perfo e d,by,,C6ae'Enforcement to confirm V compliance The notice t t"'Investigator shall be'b phoge of fax during the workweek If u_ the abatement or compliance,c Cc r 24 hours prior to �,�S to ay, Sunday or legal holiday, the LL notice shall be made on the ne' Ibus s�_�iay-th js At t *Saturday, Sunday or legal holiday E If Respondents fail to comply with this Order; tie Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the provisions of this Order All costs of abatement shall be assessed against the property owner and may become a lien on the property DONE AND ORDERED this Aday of September 2020 at Naples, Collier County, Florida. WW •j � '�, d: y'�� �9ie ��i4Jt�aa ,�c�d6...3' COLLIE > COrTY,CODE`ENFORCEMENT t�%'` t`w1` ` _ S°PEehk1L-' UGISTRATE yE3 A C. GAkt&AON Packet Pg. 278 OR 5864 PG 1232 YC' 1, Crystal K. Kinzel, ourtCollier County i 16' - - c 0 - spy arbecoe� ify that, A true and comqctm 0 is aof ginal01 1040 rifer,-6*1en �u n4 t' By: fbdda Date: I Deputy Clerk LU as U) L) ca Ul) U) (7) zs� LL LL 0 ti U) CD C14 CD C14 LU L) E Packet Pg. 279 OR 5864 PG 1233 16.A.10.d PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440, or www colliergov net Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location w v L APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court 3 within thirty (30) days of the execution of the Order appealed An appeal shall not be a hearing de novo, w 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. w Filing an Appeal will not automatically stay the Special Magistrate's Order. Y v m o * L Lo lv� TM LL LO CD CD CD CD LL O N W U .r Q Packet Pg. 280 *** OR 5864 PG 1234 *** 16.A.10.d BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs Jeffery M Stone & Kelsey Edwards Respondent(s), STIPULATION/AGREEMENT Case No CEV20200005707 Before me, the undersigned, Jeffery M Stone, on behalf of Jeffrey M Stone & Kelsey Edwards, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20200005707 dated the 11t' day of June 2020 This agreement is subject to the approval of the Special Magistrate If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing In consideration of the disposition and resolution of the mattes$ outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 4th, 2020, to promo q i e �tn�he administration of the code enforcement process, and to obtain a quick and expeditious resolution` ,f the xrers 6iUT6' Aherein the parties hereto agree as follows 1) The violations noted in the referenced r�oN &� of Violation are date and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162 THEREFORE, it is agreed between the,partt t�hdt Respon 1) Pay operational costs in the amount`' - . nt if-tpn a rgst3,cuti6n of this case within 30 days of this hearing ? i € i 2) Abate all violations by. Obtaining and affixing a currenitGf4k license plate to eaA vehicle not'it4ed within the confines of a completely enclosed structure, "are said vehicles withqi6 complet3enclosed structure, and/or repair defects so vehicle is immediately operab %}i iemove offending ve' les from fesidentially zoned area within 30 days of this hearing or a fine of $50 00 a dad a imposed until the violation has been abated 3) Removings vehicle ()parked on the' ,.grass„ ea-A'o14-�tb a stabilized subsurface base or plastic grid stabilization system covered by surface areds r h l e,,,�-oft ii6crdt�; crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designated`ft air rig` -of automobiles not to exceed 40% of the front yard for parking within 30 days of this hearing or a fine of $50 00 a day will be imposed until the violation has been abated 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance (24 hours notice shall be by phone or fax and made during the workweek If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday ) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all c sts of abatement shall be assessed to the property owner Re o n t g Cristina Perez, Supervisor for Michael Ossono, Director Code Enforcement Division Respondent or RepreseWative (print) Date Date 0 It L0 rn LL LL O 0 ti u� 0 0 0 0 N 0 N LU U c tv s v 2 REV 3-29-16 Packet Pg. 281 INSTR 6007913 OR 5898 PG 936 RECORDED 2/25/2021 11:55 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 16.A.10.e COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEV20200005707 BOARD OF COLLIER ( Petitioner, VS. JEFFERY M. STONE and�KELSi Y EDWARDS, Respondents. THIS CAUSE came before the Specia for Imposition of Fines/Liens on February 5, respective to all appropriate matters, hereupon of the Special Magistrate, as follows: Respondents, JEFFERY M. STONE and KEL property located at 46 Moon Bay Street, Naples, which the violations occurred. for public hearing upon the Petitioner's Motion the Special Magistrate, having heard argument Bindings of Fact, Conclusions of Law and Order )S, are the owners of real Folio No. 68341720007, on 2. On September 4, 2020 Respondents were found guilty of viol ions Qf the Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130 9S aan4tollier County Land Development Code 04-41, as amended, Section 4.05.03(A) ',,� J..,, 3. Respondents were ordered to abate the violations on or before OctobCr 4,r2010 or a fine of $50 would be assessed for each day the violations continued thereaftexunti btement could be confirmed. (A copy of the Order is recorded at OR 5864, PG 1230). ..._„¢ 4. Operational costs of $111.65 incurred by the County in the prosecution othis case have not been paid. 5 The violation had not been abated as of February 5, 2021, the date of the public hearing. 6. Fines continue to accrue. 7. Respondents, having been duly noticed for the public hearing regarding the County's Motion, were not present at the public hearing. Packet Pg. 282 OR 5898 PG 937 16.A.10.e ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. For Part C (1) of�the`Oder, fines of $50.00 per day are assessed against Respondents for the period from October 5, 2020 to February 5, 2021 (124 days) for a total fine of $6,200.00. C. For Part C (2) of the OrTr , fines of $50.00 per day are assessed against Respondents for the period from October 5, `220 to February 5, 2021 (124 days) for a total fine of $6,200.00. 41 D. Fines continue to accrue until abatement of the violation. E. Respondents are ordered to pay previ u Iy assessed but unpaid operational costs of $111.65. F. Respondents shall also pay operati eo,sts for today's Imposition of Fines hearing in the amount of $111.95. G. Respondents are ordered to pay fines an cos", the total amount of $12, 223.60 or be subject to Notice of Assessment of Lien against all o eft, owned by Respondent in Collier County, Florida. `: .... DONE AND ORDERED this day of February 202taiNaples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIALMAGISA� 1, Crystal KM1�inzel 6%rk of ., A i.`;'�9d for Collier Cnunty do hearpy �rtify ,rat t►�o o uis€ru `" t is a true a, i correct copylEieori�I�il�dir�ttl,GrCou Florida uty Clerk r"X PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. 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. U) v U) a) N Packet Pg. 283 *** OR 5898 PG 938 *** 16.A.10.e CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day of February, 2021 to Respondent(s), Jeffrey M Stone and Kelsey Edwards, 46 Moon Bay Street, Naples, FL 34114. Code Enforcement Official "A Packet Pg. 284 INSTR 6185470 OR 6067 PG 867 RECORDED 1/6/2022 9:24 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 16.A.10.f CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD Ol COLLIER Petitioner, VS. JEFFERY M. STONE and KELSFY EDWARDS, Respondents. ,+ :'"` T, ;; / THIS CAUSE came on for public hear the Special Magistrate, having heard testim respective to all appropriate matters, hereupon of the Special Magistrate, as follows: Case No. — CELU20210010147 the Special Magistrate on December 3, 2021, and oath, received evidence and heard argument `Findings of Fact, Conclusions of Law and Order 1. Respondents are the owners of the real property locatvd4t 46,Moon Bay Street, Naples, Florida 34114, Folio No. 68341720007. 2. Respondents, JEFFERY M. STONE and KELSEY EDWARDS, were duly notified of the date of hearing by certified mail and posting, but were not present !it�tl e earing. 3. Respondents' property is in violation of Collier County Code ofla' s-attd Ordinances, Article VI, Chapter 54, Section 54-179, and Collier County Land Developmerit,Code 04-41, as amended, Section 2.02.03 in the following particulars: Outside storage and/or litter consisting of, but not Iimited .,.g to, a car seat cover, wood, moving carts and bicycles. 4. The violation had not been abated as of the date of the 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 Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: Packet Pg. 285 OR 6067 PG 868 16.A.10.f A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Article VI, Chapter 54, Section 54-179, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. B. Respondttsareordered to pay operational costs for the prosecution of this case in the amount of $111:65" gj'ur6 before January 3, 2022. C. Respondents must also, abate the litter violation by removing all unauthorized accumulation of litter and all of rtents not permitted for outside storage to a site designated for such use, or store desired items -1a eimpletely enclosed structure on or before December 10, 2021, or a fine of $100.00 per day willkbe imposed until the violation is abated. D. Respondents shall notify the Code Enforcement Investigator when the violation has been abated in order for the County to onduct a site inspection to confirm compliance. E. If Respondents fail to comply wi l this. Order, the Collier County Code Enforcement Division may abate the violation using airy method to bring the violation into compliance. If necessary, the County may request the services ofth o' llier County Sheriff's Office to enforce the provisions of this Order. All costs of abatement shalt be assessed to the property owners and may become a lien against the property.`_s f� DONE AND ORDERED this 3 day of Decemod`r 2021 at Naples, Collier County, Florida. �, •' `1 �.�........ � dam. ` � ,� b COLL�A"QUNTY CODE ENFORCEMENT SPEC ])�I&G15TRATE I, Crys l ! iel4 (tl Cc? ('Zlher County doheaiby't 1�attt,e.—`ei: ntatruaeAcorrect Copy all iG f da :�.: •�' _ CoputY Clerk` ti '- NDA C. G PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order maybe paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, 171,,34`10 phone # (239) 252- 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location.,, APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. 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. m 3 w a� Y v c c 0 U) L a w U U m LO v LO rn Packet Pg. 286 *** OR 6067 PG 869 *** 16.A.10.f CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has-been sent by U.S. Mail on this /3 day of December, 2021 to Respondent(s), Jeffrey M Stone and Kelsey Edwards, 46 Moon Bay Street, Naples, FL 34114. v Code Enforcement Official Packet Pg. 287 INSTR 6211677 OR 6090 PG 696 RECORDED 2/28/2022 2:42 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 16.A.10.g CODE ENFORCEMENT — SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER C©UNTV,FLORIDA, Petitioner, VS. JEFFERY M. STONE and KELSEY EDWARDS, Respondents. THIS CAUSE came before the for Imposition of Fines/Liens on Febr respective to all appropriate matters, he of the Special Magistrate, as follows: 1. 2. Respondents, JEFFERY M. STONE and KEL property located at 46 Moon Bay Street, Naples, Case No. — CELU20210010147 for public hearing upon the Petitioner's Motion the Special Magistrate, having heard argument Findings of Fact, Conclusions of Law and Order On December 3, 2021, Respondents were found guilty ofvi Laws and Ordinances, Chapter 54, Article VI, Section 54-17S Development Code 04-41, as amended, Section 2.02.03. )S, are the owners of real Folio No. 68341720007. 3. An Order was entered by the Special Magistrate ordering Respon before December 10, 2021, or a fine of $100.00 per day would bf continues thereafter until abatement is confirmed. (The Order is Records, OR 6067, PG 867). of the Collier County he Collier County Land the violation on or any violation that Collier County 4. The violation was not abated for the period from December 11, 2021 to February, 2022 (56 days), for a total fine amount of $5,600.00 5 The violation was not abated as of February 4, 2022. 6. Previously assessed operational costs of $111.65 have not been paid. 7. Respondents, having been duly noticed for the public hearing regarding the County's Motion, were not present at the public hearing. 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 288 OR 6090 PG 697 16.A.10. g ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter, 16, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREB' ORDERED: A. Petitioner's`otioi for Imposition of Fines/Liens is GRANTED. B. Fines of $100.00'pr`day are assessed against Respondents for the period from December 11, C. D. E. F. 2021 to February 4, 2022,.(5C days) for a total fine of $5,600.00. z Fines continue to accrtte Otil abatement of the violation. Respondents are ordered to `pttviously assessed but unpaid operational costs of $111.65. Respondents shall also pay ope hearing in the amount of $111. to Notice of Assessment of Lien Florida. DONE AND ORDERED this day of for today's Motion for Imposition of Fines he total amount of $5,823.40 or be subject owned by Respondent in Collier County, Naples, Collier County, Florida. COLLIER ,O ' TY CODE ENFORCEMENT SPECIAL ISTI'RATE G PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order miA4 paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, ahpne 4 (239) 252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance -confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. 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 - 41 I, Crystal K 4feI Clerk of:'6r}afti }gain 1d y'ollier Gnunty do Nearby is'Atrue ar,.i correct cap y of_tfe Y" final 61RQ rn.0 'lieZ CGithty, -Flpi r1 �c Dc=tvCie* U) U U m LO lqt LO a) vv.UPacket Pg *** OR 6090 PG 698 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has-been sent by U.S. Mail on this 16th day of F7eb, 2022 to Respondent: Jeffrey M. Stone and Kelsey tdv ,/ards, 46 Moon Bay Street, Naples, FL 34114. Code Enforcem bt fficial I Packet Pg. 290 1 16.A.10. h This Instrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail -Suite 800 Naples, FL 34112 (239) 252-8400 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: JEFFREY M. STONE and KELSEY EDWARDS, Respondents The lien was recorded on February 28, 2022, in Official Records Book 6090, Pages 696-698, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five thousand eight hundred twenty-three dollars and forty cents ($5,823.40), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and v� Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners m as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in tn 1* N the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, Clerk la Deputy Clerk Date: App 01 as for and legality Ronald T. Tomasko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in Date: Chris Hall, Chairperson [24-CED-01816/1878096/11 Packet Pg. 291 16.A.10. h This Instrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail -Suite 800 Naples, FL 34112 (239) 252-8400 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: JEFFREY M. STONE and KELSEY EDWARDS, Respondents The lien was recorded on February 25, 2021, in Official Records Book 5898, Pages 936-938, in z the Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve thousand six hundred twenty-three dollars and sixty cents ($12,623.60), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. vi Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners m as satisfaction of the lien and hereby cancels and releases said lien. LO 1* The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in N the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, Clerk Deputy Clerk Date: AAppr as o form and legality 'Jl{ �4t Ronald T. Tomasko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Date: Chris Hall, Chairperson 124-CED-01816/1878095/11 Packet Pg. 292