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Agenda 01/12/2016 Item #16A11 1/12/2016 16.A.11 . EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $3,363.33 for payment of $513.33, in the code enforcement action entitled Board of County Commissioners v. Kevin P. McCormick and Kathy McCormick, Code Enforcement Board Case No. CELU20140016371, relating to property located at 3575 3rd Avenue NW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of$3,363.33, for payment of$513.33, in relation to the Code Enforcement Board Case No. CELU20140016371. CONSIDERATIONS: As a result of a code violation at 3575 3rd Avenue NW, consisting of the prohibited outside storage of car parts, lawn mowers, bicycles, canopy tents, vehicles, plastic containers, wood, yard furniture, wood tie beams, and metal equipment, the Code Enforcement Board ordered the imposition of a lien against Kevin P. McCormick and Kathy McCormick. in Case No. CELU20140016371. The lien was recorded in the Official Records on September 15, 2015, at O.R. Book 5194, Page 652, and it encumbers all real and personal property owned by Kevin P. McCormick and Kathy McCormick. The lien amount of$3,363.33 is based on 44 days of accrued fines ($75 per day from July 22, 2015 through September 4, 2015) plus $63.33 in operational costs. The property was brought into compliance on September 4, 2015. Mr. and Ms. McCormick, had their previous home demolished and were in the process of getting a building permit to build a new home on their land, at the time of the violations. They kept in contact with this office and worked diligently to clean up the property as evidenced by the attached hardship letter. The property was in compliance on September 4, 2015. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner; fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The property is being actively maintained and the owner has paid $513.33 in settlement costs and fines. The existing owner is requesting a waiver of$2,850 in accrued fines. FISCAL IMPACT: Payment of$513.33 has been made, representing $450 in fines and $63.33 in operational costs. If approved by the Board, accrued fines in the amount of$2,850 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 2012-46. KN [15-CEB-00 1 1 9/1 224908/1] Packet Page-585- 1/12/2016 16.A.11 . RECOMMENDATION: To waive the fines in the amount of $2,850, accept settlement payment amount of $513.33, 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: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order 3) Hardship letter [1 5-CEB-00 1 1 9/1 224908/1] Packet Page -586- 1/12/2016 16.A.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$3,363.33 for payment of$513.33, in the code enforcement action entitled Board of County Commissioners v. Kevin P. McCormick and Kathy McCormick, Code Enforcement Board Case No. CELU20140016371, relating to property located at 3575 3rd Avenue NW, Collier County, Florida. Meeting Date: 1/12/2016 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 11/24/2015 9:13:23 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 12/2/2015 9:1 6:54 AM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 12/2/2015 9:18:09 AM Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 12/2/2015 2:57:05 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 12/2/2015 3:04:29 PM Name: WilkisonDavid Title: Department Head-Growth Management Dept, Growth Management Department Date: 12/14/2015 1:35:07 PM Name: NoellKevin Packet Page-587- 1/12/2016 16.A.11 . Title: Assistant County Attorney, CAO General Services Date: 12/14/2015 4:33:59 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/15/2015 10:49:34 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 12/16/2015 9:38:45 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/27/2015 11:07:45 AM Packet Page -588- 1/12/2016 16.A.11. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 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: Kevin P. McCormick and Kathy McCormick, Respondents The lien was recorded on September 15, 2015, in Official Records Book 5194, Page 652, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand eight hundred thirty-eight dollars and thirty-three cents ($2,838.33), 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: x. Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney CELU20140016371 Packet Page -589- INSTR 5171364 OR 5194 PG 652 RECORDED 9/15/2015 10:06 AM PAGES 2 1/12/2016 16.A.11 . DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CELU20140016371 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. KEVIN P.McCORMICK and KATHY McCORMICK, Respondents. ORDER OFt£1IE CODE ENFORCE E}�T\BOARD ;I'MPOSING FINES/LIENS'\ \` / /I> ",,,z. `�1 \ THIS CAUSE came before the/Code Enforge�eft,Board upon the petitioner's Motion for Imposition Fines/Liens on August 27,2015,and the p of 4n ••• �v g�r$��ird a gument respective to all appropriate matters,hereupon issues its i ings ofjFat t ail' d't .e.fol,+�Code'Enforcement Board,as follows: \r -----"FINDINGSTWEACT ,\ 1, On January 22,2015,Respondents,were found guilty of*lationitOollier County Land Development Code,Section 04-41,as amendefi Collier County Land Dev`eNipmenttode,Section 1.04.01 (A)and 2.02.03 for having prohibited outs�e itor$e of car parts.la* 'lno ers,bicycles,canopy tents,vehicles, plastic containers,wood,yard furnrtil'�re, 't c-be ,c1mietal.equipment,etc.,which violation(s)occurred on the property located at 3573 3`d Ave A�;Vatfles io 4 36714040003(Legal Description: Golden Gate Est.,Unit 3,W 180 Ft.of Tr.69). 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or before July 21,2015,or a fine of$75.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5118,PG 2298). 3. Operational costs of$65.01 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondents,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing,and no legal defense to the Motion was presented. Respondents sent an email to the Board requesting a continuance of today's hearing and said request was denied. 6. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been timely filed. 7. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. Packet Page -590- *** OR 5194 PG 653 *** 1/12/2016 16.A.11 . B. Daily fines of$75.00 per day are assessed against the Respondents for 37 days for the period from July 22, 2015 through August 27,2015 for a total amount of fines of $2,775.00. C. Respondents shall pay operational costs for the Imposition of Fines hearing in the amount of$63.33. E. Respondents are ordered to pay fines and costs in the total amount of S2,838.33 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. DONE AND ORDERED this g day of r",2015 at Collier County,Florida. SDE ENFORC ENT :e • • �� ►LLIE: !�,;!► ORIDA 01101 gria, •.be Ka" it STATE OF FLORIDA ) 2800 lko .• : oe Drive )SS: ?dapte�sycil• ida 34104 COUNTY OF COLLIER) The foregoing instrument was acknowletkeefore me this t daybf ` 1 200l by Robert Kaufman,Chair of the Code i nfare ment Board of Coller County,Florida,who is personally known to me or ;wh produt,eJl u- `Tida Driver's License as identification. '1~"f' �/1� KERRY ADAMS ( I NOTARtB CV ' , * MY COMMISSION#FF 139721 * 'arl' EXPIRES:July B,2018 , om fission x fires ,,.0,o• 6xded Inn WO Notary s.nrres PAYMENT OF FINES: Any fines ot'dered to be paid pursuant tc ihi Order. ay be paid at the Collier County Code Enforcement Department,2800;1 7th Horseshoe Drive,N'alif s,FL,%97b.4,Phone:(239)252-2440,Website: www.colliergov.net.Any release of lier(of confirmation of compliance of eonfi�rmation of the satisfaction of the c. i, also 1,e ob ';I t-h'c location. obligations of this Order may also ,..., $,P...,' _'.t.,t '�,,.- .,•\ APPEAL: Any aggrieved party may appeal a finaisrrder of the and 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 Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct coFy of this ORDER has been sent by U. S.Mail Io�K.evin P. McCormick and Kathy McCormick,3575 3`d Ave.NW,Nap1e FL 34120 this 10111 day of Ylt rtilf,2015. Co+' tiforcement Official Jtdie 0` C r: / County of COLLIER HER_Bl,r-E Tthis is a true and c tf„Y irnerre file O +..,a:.:1tV ��7I� i o' nation^^ I 1 sea th!S D`JrIl^ti't ;BRO K .t.ER� OF COURT r:p ' Packet Page -591- 1/12/2016 16.A.11 . Original Message From: kevinmcc5573 < kevinmcc5573Ca aol.cam> To: llianaburgos < Ilianaburgos(a collieraov.net> Sent: Wed, Sep 9, 2015 9:49 am Subject: request for reduction of fines at 3575 3rd ave nw Hi (liana: 1 am requesting reduction of fines for the following reasons: 1-The last hearing the Code Enforcement board found me guilty of having a 400 lb. statue of a dolphin,and about twelve plants stored on the property where I took down my House to build a new home.They said that the property was now a vacant lot and nothing could be stored .1 explained that I was a Disabled First Responder from the Terrorist attacks at the World Trade Center and I could not lift the statue, they said that because I was planing to rebuild a new Home the permit would supersede the violation. 2-The permit took over three months to be issued but was issued right after the hearing. 3- I e-mailed Code Enforcement Officer Eric Short on 8/7/2015 and requested a Continuance because I had a closing to attend for my Son's first Home the same day of the Hearing.on 8/27/2015. 1 did not here back from Mr. Short so I called him to see if the continuance was granted, he told me to hold on and he would check his e-mails. He then got on the phone and told me that my hearing was rescheduled 9/4/2015, 1 put the date on my ca lender as we spoke. I didn't hear from Mr. Short so I called for the time of the hearing on 9/2/2015 but he didn't return my call. I then went to your Office the same day and found that the continuance was not granted and the 9/4/2015 date was a Special Magistrate meeting. I received the wrong information and I was not there to defend myself. 4- I planted all the plants and had the statue removed from my Property before the hearing and was in Compliance prior to the Hearing because the County had Problems with the permits with the Fire and Health Dept.delaying the issuance of permits before the hearing. 5- It's very hard getting the right information from Code Enforcement until I meet you Lliana thank your professionalism and giving me the correct information. Thanks again, Kevin McCormick (516) 754 8220 Packet Page -592- 1/12/2016 16.A.11 . i o f E�i rte t"/ "f L- 1 r` v, o `-' et 41 �> .5 S 3 '2-dam'', . `` A Packet Page-593-