Agenda 01/26/2016 Item #16A 4 1/26/2016 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$43,901.36 for payment of $5,501.36, in the code enforcement action entitled Board of County
Commissioners v. Randall A. Patterson, Code Enforcement Special Magistrate Case No.
CEPM20140014264 relating to property located at 155 Mentor Drive,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$43,901.36, for payment of$5,501.36, in relation
to the Code Enforcement Special Magistrate Case No. CEPM20140014264.
CONSIDERATIONS: As a result of various code violations at 155 Mentor Drive, consisting of
weeds in excess of 18 inches in height, various litter on property, mold and mildew on home and
unmaintained pool with torn pool cage screens; the Code Enforcement Special Magistrate
ordered the imposition of a lien against Randall A. Patterson, in Case No. CEPM20140014264.
The lien was recorded in the Official Records on April 29, 2015, at O.R. Book 5145, Page 1143,
and it encumbers all real and personal property owned by Randall A. Patterson. The lien amount
of$43,901.36 is based on a total of 70 days of accrued fines per each order for items B and C (at
$50 per day from December 13, 2014 through February 20, 2015) and 183 days of accrued fines,
per each order for items D and E (at $100 per day from January 6, 2015 through July 7, 2015)
plus $230.36 in operational costs and $71 in abatement costs. The property was brought into
compliance on February 20, 2015 for order items B and C and on July 7, 2015 for order items D
and E.
Following a foreclosure eliminating the County's lien, (Case No. 2013-CA-0633), the property
was acquired by U.S. Bank, Successor Trustee to Bank of America, via certificate of title which
was recorded on May 12, 2015. Agents for the new owner, brought the property into compliance
after accruing additional fines for 26 days beyond the 30 day "grace" period for order items D
and E each.
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 new owner has paid $5,501.36 in
accrued fines and costs. The new owner is requesting a waiver of$38,400 in accrued fines.
FISCAL IMPACT: Payment of $5,501.36 has been made, representing $5.200 in fines,
$230.36 in operational costs and $71 in abatement costs. If approved by the Board, accrued fines
in the amount of$38,400 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
[1 5-CED-01 089/1 22947 1/1]
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1/26/2016 16.A.4.
RECOMMENDATION: To waive the fines in the amount of$38.400. accept payment amount
of 55.501.36. 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
I 1 5-CED-Ol 089/1229471/I]
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1/26/2016 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$43,901.36 for payment of$5,501.36, in the code enforcement action
entitled Board of County Commissioners v. Randall A. Patterson, Code Enforcement Special
Magistrate Case No. CEPM20140014264 relating to property located at 155 Mentor Drive,
Collier County, Florida.
Meeting Date: 1/26/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/18/2015 4:45:33 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations.. Code Enforcement
Date: 12/18/2015 5:03:52 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/21/2015 2:53:26 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/21/2015 2:54:04 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/29/2015 2:31:13 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 12/29/2015 2:53:37 PM
Name: MarcellaJeanne
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1/26/2016 16.A.4.
Title: Executive Secretary, Transportation Administration
Date: 12/30/2015 7:50:02 AM
Name: KlatzkowJ eff
Title: County Attorney,
Date: 12/30/2015 2:45:26 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 1/7/2016 11:19:50 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 10:31:00 AM
•
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1/26/2016 16.A.4.
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:
Randall A. Patterson,
Respondent
The lien was recorded on April 29, 2015, in Official Records Book 5145, Page 1143, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty
thousand three hundred one dollars and thirty-six cents ($20,301.36), 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 Donna Fiala. Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20140014264
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INSTR 5114399 OR 5145 PG 1143 RECORDED 4/29/2015 9:02 AM PAGES 3 1/26/2016 16.A.4.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CEPM20140014264
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RANDALL A.PATTERSON,
Respondent.
ORDER OF-14176S?EC AL/MA'GISTRATE
--IMPOSING FINE IE1k5r;.
THIS CAUSE came before,the--Special Magistrate for'public hearing upon the Petitioner's
Motion for Imposition of FinesfLiens tsn 1'�nl3., 2-0-B,'�,and the Special Magistrate, having heard
argument respective to all appioprial a#t�rs teFer pu its Tnindings of Fact and Order of the
Special Magistrate,as follows: ( 1 ! 1�~; ti
ik I
, - r DINOS`�6 AC1_--
1. On December 5,2014,Respondent was found guili of violation/of Collier County Code of Laws
and Ordinances,Chapter 54,1 ficJe VI,Section 54-18 f and 185(a),Chapter 22,Article VI,
Section 22-231(12)(b),(12)(1),.{1Ui),and(19)fp Wefeds`over 18 inches in height in rear yard of
residential property,litter including bitip iiii ed to_palm fronds in driveway,old phone book,
carpet remnant,and miscellaneous itema left on e ctenor of vacant home.Mold and/or mildew on
exterior wall at rear of house near pool equipment and on lanai surface,multiple torn pool cage
screens,which violation occurred on the property located at 155 Mentor Drive,Naples,FL,Folio
#82537680005(Legal Description:WILLOUGHBY ACRES LOT 198).
?. An Order was entered by the Special Magistrate ordering Respondent to abate the weeds and litter
violation on or before December 12,2014,or a fine of$50.00 per day would be assessed for each
day the violations continue thereafter until abatement is confirmed and to abate the mold and
screen violations on or before January 5,2015 or a fine of$100.00 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 5112,PG 1538).
3. Operational costs of$115.33 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 2007-44,as amended,has been
timely filed.
6. The violation has been partially abated as of January 5,2015.
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OR 5145 PG 1144 1/26/2016 16.A.4.
OBOE!_
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.200744.as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Part B of the Orden Daily fines of$50.00 per day are assessed against Respondent for 24 days for
the period from December 13,2014 to January 5,2015,for a total amount of fines of$1,200.00.
C. Part C of the Order.Daily fines of$50.00 per day are assessed against Respondent for 24 days for
the period from December 13,2014 to January 5,2015,for a total amount of fines of$1,200.00.
D. Part D of the Order.Daily fines of$100.00 per day are assessed against Respondent for 88 days
for the period from January 6,2015 to April 3,2015,for a total amount of fines of$8,800.00. { (k
P �3 F x.
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E. Part E of the Orden Daily fines of$100.00 per day are assessed against Respondent for 88 days
for the period from January 6,2015 to April 3,2015,for a total amount of fines of$8,800.00.
F. Respondent shall pay the previo ly sSes e o 'r aorjal-costs in the amount of$11533.
G. Respondent shall pay the aiat'ement costs incurred by the, ounty in the amount of$71.00.
H. Respondent shall pay operational t t55ts fo Imposition of Fines hearing in the amount of
$115.03. x? ! `° 1 " Fa'`'
Respondent is ordered to,.pav;}fines and costs,c the total amount t f$20301.36 or be subject to
Notice of Assessment of i ezi atrainst aii p booed owritt-by R iondent in Collier County,
Florida. r
J. The daily fine of 5100.00 sha'iI continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investiator
DONE AND ORDERED thi _'"'_day of lift ,2015 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
, 0411
'DA C.G •I TSON
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 4
(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.
cc: Respondent—Randall A.Patterson
Collier Co.Code Enforcement Division
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** OR 515 PG 1145 *** 1/26/2016 16.A.4.
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