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Agenda 01/12/2016 Item #16A13 1/12/2016 16.A.13. EXECUTIVE SUMMARY Recommendation to approve the release of two (2) code enforcement liens with a combined accrued value of $29,273.91 for payment of $4,223.91, in the code enforcement actions entitled Board of County Commissioners v. Roger Dale Mooneyham and Roxie Mooneyham, Code Enforcement Special Magistrate Case Nos. CEPM20110004770 and CEROW20120000549, relating to property located at 4998 23rd Ct. SW, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two (2) code enforcement liens with a combined accrued value of $29,273.91, for payment of $4,223.91, in relation to the Code Enforcement Special Magistrate Case Nos. CEPM20110004770 and CEROW20120000549. CONSIDERATIONS: As a result of various code violations at 4998 23`d Ct. SW, as reflected below, the Code Enforcement Special Magistrate ordered the imposition of two liens against the property as follows (in chronological order based on lien recording date): The lien in Case No. CEPM20110004770 was recorded in the Official Records on October 19, 2011, at O.R. Book 4728, Page 1887 (for an unmaintained pool with green stagnant water and unsecured screen door enclosure and fence) and it encumbers all real and personal property owned by Roger Dale Mooneyham and Roxie Mooneyham. The lien amount of $25,111.71 is based on a total of 48 days of accrued fines, for Orders B and C consecutively (at $250 per day from July 9, 2011 through August 25, 2011) plus $112.56 in operational costs and $999.15 in abatement costs. The property was brought into compliance on August 25, 2011. The lien in Case No. CEROW20120000549 was recorded in the Official Records on October 17, 2012, at O.R. Book 4846, Page 1974 (for vegetation in County right-of-way) and it encumbers all real and personal property owned by Roger Dale Mooneyham and Roxie Mooneyham. The lien amount of$4,162.20 is based on 15 days of accrued fines ($100 per day from July 2, 2012 through July 16, 2012) plus $112.20 in operational costs and $2.550 in abatement costs. The property was brought into compliance on July 16, 2012. The property was acquired by 4998 GGC, LLC., via special warranty deed on June 9, 2015. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. The property is being actively maintained and the owner has paid $4,223.91. The new owner is requesting a waiver of$25,050 in accrued fines. FISCAL IMPACT: Payment of$4,223.91 has been made, representing $450 in fines, $224.76 in operational costs and $3,549.15 in abatement costs. If approved by the Board, accrued fines in the amount of$25,050 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. [1 5-CED-01084/1228157/1] Packet Page -604- 1/12/2016 16.A.13. 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 RECOMMENDATION: To waive the fines in the amount of$25,050, accept payment amount of $4,223.91, release the liens, and authorize the Chairman to sign the attached releases 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) 2) Lien Orders [15-CED-01084/1228157/1] Packet Page -605- 1/12/2016 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve the release of two (2) code enforcement liens with a combined accrued value of$29,273.91 for payment of$4,223.91, in the code enforcement actions entitled Board of County Commissioners v. Roger Dale Mooneyham and Roxie Mooneyham, Code Enforcement Special Magistrate Case Nos. CEPM20110004770 and CEROW20120000549, relating to property located at 4998 23rd Ct. SW, Collier County, Florida. Meeting Date: 1/12/2016 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 12/11/2015 2:24:57 PM Approved By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 12/13/2015 7:32:06 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 12/14/2015 2:19:18 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 12/14/2015 2:21:10 PM Name: FrenchJames Title: Deputy Department Head -GMD, Growth Management Department Date: 12/14/2015 7:45:59 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 12/15/2015 11:35:59 AM Name: MarcellaJeanne Packet Page -606- 1/12/2016 16.A.13. Title: Executive Secretary, Transportation Administration Date: 12/16/2015 8:26:35 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 12/16/2015 9:56:47 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/16/2015 3:13:52 PM Name: CasalanauidaNick Title: Deputy County Manager, County Managers Office Date: 12/27/2015 11:17:20 AM Packet Page -607- 1/12/2016 16.A.13. 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: Roger Dale Mooneyham and Roxie Mooneyham, Respondents The lien was recorded on October 19, 2011, in Official Records Book 4728, Page 1887, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty-five thousand one hundred eleven dollars and seventy-one cents ($25,111.71), 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: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noel! Assistant County Attorney CEPM20110004770 Packet Page -608- 1/12/2016 16.A.13. 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: Roger Dale Mooneyham and Roxie Mooneyham, Respondents The lien was recorded on October 17, 2012, in Official Records Book 4846, Page 1974, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of four thousand one hundred sixty-two dollars and twenty cents ($4,162.20), 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: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney CEROW20120000549 Packet Page -609- INSTR 4617440 OR 4728 PG 1887 RECORDED 10/19/2011 9.13 AM PAGES 2 1/12/2016 16.A.13. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110004770 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM, Respondents. ORDER OF—THE SPECIAL MAGISTRATE / //-IMPOSING FINES/LIENS-7;\ i( / U! 1 4 ) THIS CAUSE carne bef re'the Spccal\Mrag siraJ for public hearing upon the Petitioner's Motion for Imposition of Finest n n-C'}etcsbe'-7-, and ttte-8peo GiMagistrate,having heard argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows FINDINGS OF FACT \ 1. On July 1,2011,Respondents were"founts gtitiltti.et--Violation of Collier County Code of Laws and Ordinances Chapter 2 2, Article VI, Section 22-231(15), (12)(i) for a pool that is green and unable to secure the screen enclosure door and the door to the fence, which violation occurred on the property located at 4998 23rj Court SW,Naples, FL Folio 436110760000(Legal Description: GOLDEN GATE UNIT 4 BLK 117 LOT 5). 2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before July 8,2011,or a fine of S250.00 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 4702, PG 187). 3. Operational costs of 5112.56 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. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has been abated as of Autrust 25,2011. Packet Page -610- a** OR 4728 PG 1888 =* 1/12/2016 16.A.13. 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,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Part B of the Order,Pool:Daily fines of S250.00 per day are assessed against Respondents for 48 days for the period from July 9,201 l to August 25,2011 for a total amount of fines of SI 2,000.00. C. Part C of'the Order,Enclosure:Daily fines of$250.00 per day are assessed against Respondents for 48 days for the period from July 9,2011 to August 25,2011 for a total amount of fines of $12,000.00. D. Respondents shall pay the previously assessed-operational costs of 5112.56. : t . COf -, E. Respondents shall pay the costs abatement incurred by'tlhe county in the amount of 5999.15. F. Respondents are ordered:to pax•.f-ines-and costs in the total nhonnt of 525,111.71 or be subject to Notice of Assessment of Lien against,all pr.•,erties Owned by Respondent in Collier County, Florida, -----1i ,-`'-. 7. -..,f,, e - 'rte l� ti;;, : �! ' v t t.,;', i I ti ) .t, DONE AND ORDERED this_____c\-- -iir'o' It 0' ;1011 at-Collier County,Florida. . t31' 0: ;i.i.t1Un ;ounry of COLLIES �` 4_ H E EP, G .i r=.' :9: +Td S iC 8 +^,!�aY1tI COL s_IER(COIN Y CODE ENFORCEMENT :orrc t cote, : a GQcuradnt t r.fiie tit SPECIAL "MAGISTRATE ,'J^ d g rlptn..t..ip' ;lec&ta tYCD'..licr Co uni' j�'IT SS 5Y µf 'O anttt i�Swal this 12V\ OnV.at WetC16 - .--,•--- ' E G F1 ~ Te�t,!uH bK�CLtt F O , • �. ota_ '' a r' ---- ( BKENDA C. GJ R• SON ^ - ✓ PAYMENT F FINES: Any fires ordered to he paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104,fax 4 (239)252-2343. 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. cc: Respondent-Roger Dale Mooneyham and Roxie Mooneyham Collier Co.Code Enforcement Dept, Packet Page -611- INSTR 4752601 OR 4846 PG 1974 RECORDED 10/17/2012 10:22 AM PAGES 2 1/12/2016 16.A.13. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEROW20120000549 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROGER DALE MOONEYHAM AND ROAIE MOONEYHAM, Respondents. c�;r - ORDER OrTIIE SPECIAL MAGISTRATE I"-IMPOSING 4 I1 ESU.I� ENS\ l { \.] f Y_- 2 Ni THIS CAUSE came be-kite th0peci tl laglstmtc Iort_publici hearing upon the Petitioner's Motion for Imposition of FinesiLien1—n October r5..72':012, liisd`the. pecial Magistrate, having heard argument respective to all appropriate matters, hereupon:issues its indings of Fact and Order of the Special Magistrate,as follows: ` FINT.)INGS C)1=FACT,` ,; f Y s,} L>- 1• On June 1,2012, Respondent was fdirnd guilt3 otvidlation of Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Article II,Construction in Right of Way,Division I Generally, Section 110-31(a) for vegetation in county right of way,which violation occurred on the property located at 4998 23rd Court SW,Naples,FL Folio 1136110760000(Legal Description: GOLDEN GATE UNIT 4 ELK 117 LOT). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 1,2012,or a fine of S1 00.00 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 4806, PG 3278). 3. Operational costs of 811220 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent,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. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of July 16,2012. Packet Page -612- 1.-** OR 4846 PG 1975 *** 1/12/2016 16.A.13. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.2010-04,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondent for 15 days for the period from July 2,2012 to July 16,2012,for a total amount of fines of$1,500.00. C. Respondent shall pay the previously assessed operational costs of S112.20. D. Respondent shall pay the costs of abatement incurred by the county in the amount of$2,550.00. E. Respondent is ordered to pay fines and costs in the total amount of 54,162.20 or be subject to Notice of Assessment of Lien against against-ailipTOrierties.owned by Respondent in Collier County, t'� a_ Florida. )(-,_� ,' `.. DONE AIvD;'ORDERLI?this d 4 Qf- t ,2012,at Collier County,Florida. tat Or F'itittl OF � � u � 'aunty of CQt`OER �fp — w� . 1 : l .F ,/• COC'N I ;.,,CODE ENFORCEMENT c 3 s is a true ate °--SPEef J 'MAGISTRATE } HERFl3Y�C itTiF� }�{�, kt -orrect cony ar k aocume n offfite to ' t.• Soard blirtt?tes artd•R'ecotas'ctCo�llar COtti1$ �,�1 ESS my t1- o,�il of iciai seal ribs �� Uay tLIi►i6 • - WIGHT E. BROCA,CLERK Olr COUF ID' Aor a , Y o • •ENDA C. GARRE SON r OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North horseshoe Drive, Naples, FL 34104, fax , (239) 252-2343. 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. cc: Respondent-Roger Dale Mooneyham and Roxie Mooneyham Collier Co. Code Enforcement Dept. Packet Page -613-