Agenda 10/08/2024 Item #16A11 (Release of Code Enforcement Lien for a reduced payment)10/8/2024
Item # 16.A.11
ID# 2024-1221
Executive Summary
Recommendation to approve the release of a code enforcement lien with an accrued value of $149,700 for a reduced
payment of $24,070.90 in the code enforcement action titled Board of County Commissioners vs. Double M Investments,
LLC, relating to property located at 659 Palm Ave., Collier County, Florida.
OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release a code enforcement lien
with an accrued value of $149,700 for payment of $24,070.90, in relation to Code Enforcement Board Case No.
CESD20170011238.
CONSIDERATIONS: As a result of code violations at 659 Palm Ave., the Code Enforcement Board ordered the
imposition of a lien against Double M Investments LLC. in Case No. CESD20170011238. Double M Investments LLC
is owned by Caryn M. and Angela McGrath. The violations consisted of a mobile home removed between 2006 and
2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without valid Collier County
Permits. The lien was recorded on May 17, 2023, at O.R. Book 6248, Page 833 in the amount of $112,959.98. Fines
continued to accrue, therefore the lien amount of $149,700 is based on 1,497 days of accrued fines ($100 per day from
October 4, 2020, through February 5, 2021). The property was brought into compliance on April 29, 2024.
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. Once the abatement process began,
Ms. McGrath encountered many delays with the project, including cost increases and limited contractor availability due
to Hurricane Irma and the COVID-19 pandemic. It took a substantial amount of time and resources to obtain permits,
hire an architect and an engineer, attend meetings, and meet the requirements to obtain property
variance PL#20180002825 to resolve the encroachment issue. Certificates of Completion were issued on September 21,
2018, for the boat lift (Permit No. PRBD20170830971) and April 29, 2024, for the tiny home (Permit No.
PRBD20171254064). The recommended payment of $24,070.90 is based on ten percent of the Collier County Property
Appraiser’s Assessed Value of $240,709 and meets the criteria outlined in Resolution 2023-90. There are no known
violations at this time.
Code Enforcement is recommending a waiver of $125,629.10 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 $24,070.90 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
RECOMMENDATIONS: To approve the recommended reduction of fines in the amount of $125,629.10, accept
payment amount of $24,070.90, release the liens, 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
ATTACHMENTS:
1. Code Lien Relief Application
2. Worksheet
Page 1642 of 3899
10/8/2024
Item # 16.A.11
ID# 2024-1221
3. CESD20170011238 - FOF
4. CESD20170011238 - Continuance
5. CESD20170011238 - IOF
6. CESD20170011238 - AOC
7. signed release(4)
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OColliercounty
Code Enforcement Division
2800 Horseshoe Drive N. Naples. FL 34104
Phone: (239) 252-2440
Code Case Numbers:
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APPLICAT10N FOR LIEN REDUCT10N PURSUANT TO RESOLUT10N 23‐90
1. Applicans 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 Coutty.
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 Counry may request further documentation
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``^″(Description of underlying violation(s):
Date:
Page 1644 of 3899
Are there any active (Code) violations on these properties? Ves- No{
Is the property current listed for sale? Yes Nよ
Does this property have a contract for sale pending: Yes
contract and all relevant documenls. Anticipeted closing date:
What is the current use of the property , I *tq h.*
Are there
applicant:-
lYas this property sold or transferred after the lien was recorded: Ves- No-( yyes,
please attach all closing docttments including the purchase ogrcement. Ifyes, was the property
obtained via: Tax Deed Foreclosure Sale Other(1.e. tradi■omal
purchase, received via inheritance)'
If yes, was a title insurance policy issued at the time of sale? Ves wo-7}l If yes, please
attach title insurance policy. If no title insurance was procured, please provide an explanation as
to why no title insurance is available for the property:
Number of liens submitted as part of this application:
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Provide the factual as to why a
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, lnd the diligence of
the pursuit to bring the property into compliance. All supporting documents to show the
shall be attached. (Auach additional pages / documents iJ'necessary)
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Page 1645 of 3899
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
I swear or allirm that all information is true to the best of my knowledge as of the date of
this signature
STATE OF FLORIDA
COUNTY OF COLLIER
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1 Personally Known OR _ Produced Identification
otary Public―State of FbHda)
(Print, Type, or Stamp Commissioners
Name of Notary Public)
Type of Identification Produced:
Page 1646 of 3899
Code Enforcement Lien Relief Program
Resolution 2023-90
1
Double M Investments, LLC
659 Palm Avenue Goodland, FL 34140
Folio # 46420360009
Legal: GOODLAND ISLES 1ST ADD BLK C LOT 3
Section 1: Property Overview
RESOLUTION NO. 2023-90
Case Number: CESD20170011238, mobile home removed between 2006 & 2007 without a valid
demolition permit, and a dock lift, shed and power pole install without a valid Collier County permit.
• 7/3/2017 - Original Date Case Opened
• Order Imposing Lien OR 6248 PG 833
• 4/29/2024 Violation abated.
Has the applicant been found to have repeat violations in the past five years: No
History of other violations: None under this ownership
Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the
applicant:
• Property tax paid 11/22/2023; utilities are current.
• Other Collier County liens: None
• Expired permits: None
• Other properties owned by the applicant in Collier County:
▪ Double M Investments LLC, 546 Coconut Ave
▪ Double M Investments LLC, 657 Palm Ave
▪ Double M Investments LLC, 655 Palm Ave
▪ Double M Investments LLC, 653 Palm Ave
▪ Caryn M McGrath, 7621 Rozzini Ln
• Property use in compliance with Zoning laws: Yes, Residential
• New owner title insurance policy and/or closing documents included: No, same owner.
• 5/23/2024 - Code Lien Relief application received.
• 5/23/2024 - $150 Application fee paid.
• 5/23/2024 - All hard costs, administrative fees, and operational costs were paid.
Page 1647 of 3899
Code Enforcement Lien Relief Program
Resolution 2023-90
2
Section 3: Eligibility
Lien Relief Attachments
1. Code Lien Relief Application & Documents
6. CESD20170011238 Code Case Details
Section 4: Collier County Property Appraiser’s Assessed Value as of May 23, 2024
Land Value $ 305,791
(+) Improved Value $ 71,285
(=) Market Value $ 377,076
(-) 10% Non-Homestead Cap $ 136,367
(=) Assessed Value $ 240,709
• Total Fines Accrued: $149,700.00. This amount is fixed and no longer accruing.
• Fine Accruals:
Code Enforcement Board imposition of fines order fines start date 3/25/2020 through
compliance date of 4/29/2024:
Order Items:
$100/day fine x 1,497 days $ 149,700.00
plus $59.98 in operational costs $ 59.98
5/23/24 Paid operational costs $ (59.98)
Total Fines: $ 149,700.00
Recommended reduction amount: $ (125,629.10)
10% of Assessed Value: $ 24,070.90
Applicant’s offer: $ 24,070.90
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This lnstrument Prepared By:
Ronald T. Tomasko, Esquire
Collier County Attorney's Office
3299 E. Tamiami Trail-Suite 800
Naples, FL 341 12
(239) 252-84OO
KNOWALL 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.
DOUBLE M INVESTMENTS, LLC,
Respondents
The lien was recorded on May 17, 2023, in Official Records Book 6248, Pages 833-835, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
hundred twelve thousand nine hundred fifty-nine dollars and ninety-eight cents (g'l 12,959.98),
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
Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners
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
the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST
CRYSTAL K. KINZEL, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Chris Hall, Chairperson
Date
By
App
0,A 0w\
Deputy Clerk
d form and I egality
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R ona ld T. Tomasko
Assistant County Attorney
[2 4 - CEO - 0 182 4 / 188s991 / t)
RELEASE AND SATISFACTION OF LIEN
Date:
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