Loading...
Agenda 09/09/2025 Item #16A 4 (The release of two CE Liens in the CE action titled BCC vs. Leonard Albert Maxson and Marcia Morgan Maxson - CEB Case Nos. CENA20180002498, CENA20190004007, CEV20190012061 and CEPM20190012062)9/9/2025 Item # 16.A.4 ID# 2025-2498 Executive Summary Recommendation to approve the release of four code enforcement liens with an accrued value of $584,850 for a reduced payment of $16,201.10 in the code enforcement action titled Board of County Commissioners vs. Leonard Albert Maxson and Marcia Morgan Maxson, in Case Nos. CENA20180002498, CENA20190004007, CEV20190012061, and CEPM20190012062, relating to the property located at 1975 Everglades Blvd S, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (board) accept an offer to release four code enforcement liens with an accrued value of $584,850 for a reduced payment of $16,201.10 in Special Magistrate Case Nos. CENA20180002498, CENA20190004007, CEV20190012061, and CEPM20190012062. CONSIDERATIONS: The Special Magistrate imposed liens against Leonard Albert Maxson and Marcia Morgan Maxson for code violations at 1975 Everglades Blvd S. In Case No. CENA20180002498, the Special Magistrate ordered the imposition of a lien for violations consisting of litter and illegal outside storage of building materials, consisting of but not limited to plastic, metal, glass, and wood scraps. The lien was recorded in the Official Records on September 25, 2019, at O.R. Book 5677, Pages 2158-2161, in the amount of $14,223.85. Fines continued to accrue for a total of 748 days ($100 per day from April 20, 2019, through May 6, 2021), totaling $74,800. The owner brought the property into compliance on May 6, 2021. In Case No. CENA20190004007, the Special Magistrate ordered the imposition of a lien for a violation consisting of weeds or grass in excess of 18" in height within 30 feet of the main structure on the property. The lien was recorded in the Official Records on December 9, 2019, at O.R. Book 5703, Pages 2441-2443 in the amount of $2,823.40. Fines continued to accrue for a total of 519 days ($100 per day from October 7, 2019, through March 8, 2021), totaling $51,900. The owners brought the property into compliance on March 8, 2021. In Case No. CEV20190012061, the Special Magistrate ordered the imposition of a lien for a violation consisting of unlicensed and/or inoperable vehicles on an estate's zoned property. The lien was recorded in the Official Records on October 29, 2020, at O.R. Book 5837, Pages 323-325 in the amount of $8,123.45. Fines continued to accrue for a total of 259 days ($100 per day from July 16, 2020, through March 31, 2021), totaling $25,900. The owners brought the property into compliance on March 31, 2021. In Case No. CEPM20190012062, the Special Magistrate ordered the imposition of a lien for a violation consisting of a damaged main residential structure, including, but not limited to, exterior walls, missing siding, porch railing, stairs, and broken, unsecured windows. The lien was recorded in the Official Records on October 29, 2020, at O.R. Book 5837, Pages 326-328 in the amount of $13,973.55. Fines continued to accrue for a total of 1,729 days ($250 per day from August 9, 2020, through May 3, 2025), totaling $432,250. The owners brought the property into compliance on May 3, 2025. Pursuant to Resolution No. 2023-90, a request for a reduction of fines may be considered when payment of the lien would impose severe financial hardship on the owner. The property is being actively maintained, and the Maxsons have offered to pay $16,201.10 to release the liens. The recommended payment of $16,201.10 is ten percent of the Collier County Property Appraiser's Assessed Value of $162,011 and meets the criteria outlined in Resolution 2023-90. There are currently no known violations on the property. This item is consistent with the Collier County strategic plan objective to preserve and enhance the character of our community. FISCAL IMPACT: Acceptance of a payment of $16,201.10 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. Page 570 of 2661 9/9/2025 Item # 16.A.4 ID# 2025-2498 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 $568,648.90, accept payment in the amount of $16,201.10, 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 ATTACHMENTS: 1. Code Lien Relief Application - 1975 Everglades Blvd S 2. Worksheet - 1975 Everglades Blvd S 3. CENA20180002498 IOF 09 25 2019 4. CENA20190004007 IOF 12.9.2019 5. CEV20190012061 IOF 10.29.2020 6. CEPM20190012062 IOF 10.29.2020 7. signed releases(4) Page 571 of 2661 ヽ STEVENS LEGAL GROUP 4706 Chiq∪i10 BOulevord s. PM B 308 Cope Corol′Flondo 33914 239374.4353 」unc 18,2024 Collier COunち ′Growth Management Department Codc Enforcement E)ivisiOn 2800 HOrseshoe Drlve N Naples,Flo五 da 34104 Re: Applicant: Lconard W MaxsOn Case Nosi CENA20180002498 CENA20190004007 CEV20190012061 CEPM20190012062 Dear Sir/Madam: 櫛蹴 乳聾脚M、盤蠅部l脳 撤』 $f00耀 iS落難 占 酬 豊:k:11鳳 聾■:猶 #li骰 努∬轟 鶴∬l把 l羞 瀦・e addu°nd hb鷲 情1『鯖理ζ″::肥 ∬:よ 慧 Sincerely, Adam J. Steuens Adam J. Stevens, Esq. AJS:nmb Enclosures Page 572 of 2661 G" GDwh Managerrlent Deparhent Code Enforcement D市 ision 2800 Horscshoe Drivc N,Naplcs,FL 34104 Phone:(239)252-2440 APPLICAT10N FOR LIEN REDUCTION PURSUANT TO RESOLUTION 23…90 Date:June 13,2025 code case NumbersiCENA2“ 80002498 CEM2い 000“007い CEVm 190】20“and CEPM2“∞ “ 2062 Adam J. Stevens, Esq. of Stevens Legal Group Leonard W. Maxson Name of Applicant:Original Violator (if different): Email Address:aStevens(osteVenslegalgroup.com Phone Number:(239)374-4353 Address of Applicant:4706 Chiquita Boulevard S., PMB 308, Cape Coral, Florida 33914 Propett Owner(s)Name(if different from applicant):L…eonard h/1axso里 Applicant's relationship / affiliation with the violator named in lier1.)' AttOtheY Managhg Member′s Nametifapメ たaЫ e):N/A Address(es) of Liened Property 1 975 Everglades Boulevard South,Naples,Florida 341 1 7 Folio Numbers:41286160008 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 $ I 50 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 properfy taxes, special assessments, Collier County utility charges or other Collier County fees or liens against the subject real properry 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 Description of underlying violation(s): Structure damag6, including exterior walls, siding, porch rarlings, broken unsecured windore, and junk in yard Page 573 of 2661 Number of other properties located within unincorporated Collier County owned by Owner / Applicant / Managing Member N/A If any, attach list of property addresses. Are there any active (Code) violations on these properties? Yes Nox Is the property current listed for sale? Yes x No Does this property have a contract for sale pending: Yes x No l.f yes, attach the contract and all relevant documents. Anticipated closing date' June 30, 2025 What is the current use of the propefi:Listed for sale as a residential lot. The buyer is going to build on the property 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 x No_ If yes, please attach all closing documents including the purchase agreemenl. If yes, obtained via:Tax Deed Foreclosure Sale x Other purchase, received via inheritance). If yes, was a title insurance policy issued at the time of sale? attach title insurance policy. If no title insurance was procured, to why no title insuronce is available for the property: The property was titled in Mr. Maxson's name and his sisteds name. His sister has since quit claim deeded the property to Mr Maxson, individually The items causing the violations existed at the time the property was transferred into Mr. Maxson's name. was the property (.i.e. traditional Yes_ No x _ If yes, please please provide an explanation as Number of liens submitted as part of this application: State the amount you are requesting to pay for each lien: 1 0% of assessed value per resolution The reasons, if any, compliance was not obtained prior to the order of imposition: Thatdealfellthrough. Theesewasinlatigationfor3yea6untilwesttledthe€se. Now,thenewbuyerhasbroughlthepropertyinto@mplaan@aspartcfthecurentpendingsale 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) to pay back some of the expenses to demolish the then existing structure that was not code complaint. There is also a $48,000.00 obligation to be pajd to the prospective buyer back in 2021 to remove all of the junk frcm the property that €used one ol the code violations. The property is essentially inalienable with the code enforcementliens. OncethecodeenforcementlienswereEcorded,Mr.Masonattemptedtosellthepropertybackin202l. Pleasereviewtheabove@sponseforthosedetails. Page 574 of 2661 The 2021 prGpective buyer did wo* to cure (remval of junk from the yald ) $me ot the code enforcement liens back in 2021, but did not cure the other violations ThetroFrtywasudupinddunua*ssmsresr€ftdina4ustof 2024. Tha!tliFhnesutedinarsnbqpladaga'n$heprryrtytose&it. M. GEnMsn€verknabr.toafordtodEh6vdatons. These violations @st a minimum of $20,000.00 to cure, and that is if the dwelling on the property was demolished. To repair the prior existing vio ations would have @st I swear or affirm that all information is true this signature to the best of my knowledge as of the date of STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of X physical presence or - online notarization, this l Sday of June \OLby Adam J. Stevens Name of Notary X P".ro.tully Known OR - Produced Identification Select all documents that are being submitted in support of the application. _Title insurance _Closing documentsx Contract for pending salex Proof of expenses to bring property into compliance X Othef, pleASe idgr?/rr. 2021 Purchase and Sale Agreement, Mechanics Lien, Settlement Agreement, and Quit Claim Deed, Signature te of Florida) Public) Type of Identificatiol plsdu6gd; N/A Page 575 of 2661 Code Enforcement Lien Relief Program Resolution 2023-90 1 Leonard Albert Maxson and Marcia Morgan Maxson 1975 Everglades Blvd S, FL 34117 Folio # 41286160008 Legal: GOLDEN GATE EST UNIT 87 E1/2 OF TR 76 Section 1: Property Overview RESOLUTION NO. 2023-90 Case Number: CENA20180002498, litter/outside storage consisting of but not limited to: plastic, metal, and glass; and illegal storage of building materials on the property. • 2/13/2018 - Original Date Case Opened • Order Imposing Lien OR 5677 PG 2158 • 5/6/2021 Violation abated; unauthorized litter removed Case Number: CENA20190004007, weeds in excess of 18 inches in height within 30 feet of the main structure on the property. • 4/8/2019 - Original Date Case Opened • Order Imposing Lien OR 5703 PG 2441 • 3/8/2021 Violation abated; weeds removed within 30 ft of structure Case Number: CEV20190012061, unlicensed and/or inoperable vehicles on estates zoned property owned by the Respondents. • 10/3/2019 - Original Date Case Opened • Order Imposing Lien OR 5837 PG 323 • 3/31/2021 Violation abated, unlicensed/inoperable vehicles have been removed from the property Case Number: CEPM20190012062, main residential structure damaged including, but not limited to, exterior walls, siding, porch railings, stairs and broken unsecured windows. • 10/3/2019 - Original Date Case Opened • Order Imposing Lien OR 5837 PG 326 • 5/3/2025 Violation abated, Certificate of Completion Has the applicant been found to have repeat violations in the past five years: No History of other violations: Owner since 2017, no additional notices issued Page 576 of 2661 Code Enforcement Lien Relief Program Resolution 2023-90 2 Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the applicant: • Property taxes paid 6/17/2025; well water. • Other Collier County liens: None • Expired permits: No • Other properties owned by the applicant in Collier County: None • Property use in compliance with Zoning laws: Yes, Residential • New owner title insurance policy and/or closing documents included: No • 6/25/2025 - Code Lien Relief application received • 6/25/2025 - $150 Application fee paid. • 6/25/2025 - All hard costs, administrative fees, and operational costs were paid. Section 3: Eligibility Lien Relief Attachments Lien Relief Application CENA20180002498 Code Case Details CENA20190004007 Code Case Details CEV20190012061 Code Case Details CEPM20190012062 Code Case Details Additional Documents: Purchase Agreement 2021 More Documents Section 4: Collier County Property Appraiser’s Assessed Value as of July 11, 2025 Just Values County Land $109,650 (+) Improvements $83,324 (=) Just Value $192,974 Assessment Reductions County (-) Non-Homestead 10% Non-School $30,963 Assessed Values County (=) Assessed $162,011 Page 577 of 2661 Code Enforcement Lien Relief Program Resolution 2023-90 3 • Total Fines Accrued: $584,850.00. This amount is fixed and no longer accruing. • Fine Accruals: Case CENA20180002498: Special Magistrate imposition of fines order fines start date 4/20/2019 through compliance date of 5/6/2021: Order Items: $100/day fine x 748 days $ 74,800.00 plus $223.85 in operational costs $ 223.85 6/25/2025 Paid costs $ (223.85) Total Fines: $ 74,800.00 Case CENA20190004007: Special Magistrate imposition of fines order fines start date 10/7/2019 through compliance date of 3/8/2021: Order Items: $100/day fine x 519 days $ 51,900.00 plus $223.40 in operational costs $ 223.40 6/25/2025 Paid costs $ (223.40) Total Fines: $ 51,900.00 Case CEV20190012061: Special Magistrate imposition of fines order fines start date 7/16/2020 through compliance date of 3/31/2021: Order Items: $100/day fine x 259 days $ 25,900.00 plus $223.45 in operational costs $ 223.45 6/25/2025 Paid costs $ (223.45) Total Fines: $ 25,900.00 Case CEPM20190012062: Special Magistrate imposition of fines order fines start date 8/9/2020 through compliance date of 5/3/2025: Order Items: $100/day fine x 1,729 days $ 432,250.00 plus $223.55 in operational costs $ 223.55 6/25/2025 Paid costs $ (223.55) Total Fines: $ 432,250.00 Total for 4 Liens: $ 584,850.00 Recommended reduction amount: $ (568,648.90) 10% of Assessed Value: $ 16,201.10 Applicant’s offer: 10% of assessed value amount Page 578 of 2661 Page 579 of 2661 Page 580 of 2661 Page 581 of 2661 Page 582 of 2661 Page 583 of 2661 Page 584 of 2661 Page 585 of 2661 Page 586 of 2661 Page 587 of 2661 Page 588 of 2661 Page 589 of 2661 Page 590 of 2661 Page 591 of 2661 This lnstrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 34112 (239) 252-8400 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: Leonard Albert Maxson and Marcia Morgan Maxson, Respondents The lien was recorded on September 25,2019, in Official Records Book 5677, Pages 2'158- 2'161, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fourteen thousand two hundred twentythree dollars and eighty-five cents ($14,223.85), 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. ATTEST CRYSTAL K. KINZEL, Clerk Burt L. Saunders, ChairDeputy Clerk d legality %^U*- nald T omasko Assistant County Attorney I25.CED-O1929 / 19s7 669 I 1) RELEASE AND SATISFACTION OF 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Date: By: Date: form Page 592 of 2661 This lnstrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 34'1 12 (239) 252-8400 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNry, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Leonard Albert Maxson and Marcia Morgan Maxson, Respondents The lien was recorded on December g, 2019, in Official Records Book 5703, Pages 2441-2443, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand eight hundred twenty-three dollars and forty cents ($2,823.40), plus accrued interesl and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Ofiicial Records of Collier County, Florida, to acknowledge that the lien ceases to exist. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders, Chair A Deputy Clerk d as,t)..{rm and gality J. Ju" Ronald T. Tomasko Assistant County Attorney ffia RELEASE AND SATISFACTION OF LIEN 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. ATTEST CRYSTAL K. KINZEL, Clerk Date: By: Date: I2s - CED -O L9 29 h9 s7 82 / L) Page 593 of 2661 This lnstrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 341 12 (239) 252-8400 The lien was recorded on October 29,2O2O, in Official Records Book 5837, Pages 326-328, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirteen thousand nine hundred seventy-three dollars and fifty-five cents ($13,973.55), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, CIerK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chair Date By Date A PPIov ed asrto Deputy Clerk egality 4 1vt^,1 torm andl /l i Uuu$. Ronald T. Tomasko Assistant County Attorney I2s CED 01929119s7 6A4/ 1) 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: Leonard Albert Maxson and Marcia Morgan Maxson, Respondents By: Page 594 of 2661 This lnstrument Prepared By: Ronald T. Tomasko, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 341 12 (239) 252-8400 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNry, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: 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 COUNry, FLORIDA By Burt L. Saunders, Chair Date By Deputy Clerk Date 1 Approved irylo t;rm anU ality l|tut -/ l, Ronald T. Tomasko Assistant County Attorney RELEASE AND SATISFACTION OF LIEN Leonard Albert Maxson and Marcia Morgan Maxson, Respondents The lien was recorded on October 29,2020, in Official Records Book 5837, Pages 323-325, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight thousand one hundred twenty-three dollars and forty-five cents ($8,123 45), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. [25-cE]01929/1957683/11 Page 595 of 2661