Agenda 02/09/2016 Item #16A 2 2/9/2016 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$573,330.04 for payment of $2,000, in the code enforcement action entitled Board of County
Commissioners v. James C. Marshall and Sherry Marshall, Code Enforcement Board Case No.
2002120972 a/k/a (CEB 2004-72), relating to property located at 820 20th 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$573,330.04, for payment of$2,000, in relation
to the Code Enforcement Board Case No. 2002120972 a/k/a(CEB 2004-72).
CONSIDERATIONS: As a result of various code violations at 820 20th Avenue NW,
consisting of numerous wooden sheds built without first obtaining the required Collier County
permits and a semi-built home with an expired permit without obtaining all the required
inspections and certificate of occupancy,the Code Enforcement Board ordered the imposition of
a lien against James C. Marshall and Sherry Marshall, in Case No. 2002120972 a/k/a (CEB
2004-72). The lien was recorded in the Official Records on May 9, 2006, at O.R. Book 4033,
Page 2480, and it encumbers all real and personal property owned by James C. Marshall and
Sherry Marshall. The lien amount of$523,061.93 is based on 3,816 days of accrued fines, for
order item 1 ($50 per day from June 29, 2005 through December 9, 2015) and 3,816 days of
n accrued fines, for order item 2 ($100 per day from June 29, 2005 through December 9, 2015)
plus $930.04 in operational costs. The County received $50,268.11 from a tax deed sale on
October 21, 2015 reducing the lien amount to $523,061.93. The property was brought into
compliance on December 9, 2015.
KCD Holdings, LLC, acquired the property at a tax deed sale for $80,000. The tax deed was
recorded on October 6, 2015. KCD Holdings, LLC kept in contact with this office and worked
diligently in order to reach compliance and accrued additional fines for 34 days beyond the 30
day"grace"period.
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 $2,000 in settlement of fines. The owner is
requesting a waiver of$521,061.93 in accrued fines.
FISCAL IMPACT: Payment of$2,000 in settlement of fines, has been made. If approved by
the Board, accrued fines in the amount of$521,061.93 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[15-CED-01091/1230078/1]
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2/9/2016 16.A.2.
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$521,061.93, accept settlement
payment amount of $2,000, 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
[15-CED-01091/1230078/1]
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11
2/9/2016 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$573,330.04 for payment of$2,000, in the code enforcement action
entitled Board of County Commissioners v. James C. Marshall and Sherry Marshall, Code
Enforcement Board Case No. 2002120972 a/k/a (CEB 2004-72), relating to property located at
820 20th Avenue NW, Collier County, Florida.
Meeting Date: 2/9/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
1/4/2016 8:06:47 AM
Approved By
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 1/4/2016 1:46:39 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 1/5/2016 3:22:21 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/5/2016 3:32:21 PM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 1/5/2016 4:05:51 PM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 1/12/2016 11:46:05 AM
Name: NoellKevin
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2/9/2016 16.A.2.
Title:Assistant County Attorney, CAO General Services
Date: 1/12/2016 11:58:22 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 1/12/2016 1:49:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/19/2016 4:07:53 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 1/22/2016 10:49:40 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 1/31/2016 11:51:18 AM
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2/9/2016 16.A.2.
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:
James C. Marshall and Sherry Marshall,
Respondents
The lien was recorded on May 9, 2006, in Official Records Book 4033, Page 2480, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of forty-
three thousand three hundred eighty dollars and four cents ($43,380.04), 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 Noe II
Assistant County Attorney
2004-72(2002120972)
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JOJJ'2,11 VA, '±UJJ ru: L+JOu
RECORDED in onFICIAL RBc011 2/9/2016 16.A.2.
05/09/2006 at 11:02A1 DIIIGBT I. BROOM, CLEU
RSC PEE 44.00
• Rata:IltfBROPPICI
CODE ENFORCEMENT BOARD COLLIER COURT! CODE IRPORCERER
COLLIER COUNTY,FLORIDA SHIRLEY K GARCIA
2800 I HORSESHOE DR CDES BLDG
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2004-72
vs.
JAMES C.AND SHERRY MARSHALL,
Respondents,
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public h .., u :,l 8.6 128,2005,after due notice to
0
Respondents at which time the Board h , imony under oath,receive: vid• ce,and issued its Findings of Fact
and Conclusions of Law and thereup• iss ed ' .°. I rd which :s reduc.. to ' iting on April 5,2005 and
furnished to Respondents and was r-cord the 'u is R- or' f o nty,Florida at OR 3771,PG 3499,
et.seq. h*
An Affidavit of Non-Compli: `'as been filed with the ;u.d ,y t &.e Enforcement Official on July
1,2005,which Affidavit certified under . the required correctly I. as not been taken as ordered.
Accordingly,it having been brought t• •. s
� •espondents have not complied with the
Order dated April 5,2005,it is hereby
ORDERED,that the Respondents,James C.and Sherry Marshall,pay to Collier County fines in the
amount of$14,150.00 for the period of June 29,2005 through April 7,2006 at a rate of$50 per day,fines in the
amount of$28,300.00 for the period of June 29,2005 through April 7,2006 at a rate of$100 per day,plus$930.04
for the operational costs incurred in the prosecution of this case for a total of$43,380.04.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board 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
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„.- OR: 403 2/9/2016 16.A.2.
' .
........
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property described in Exhibit"A”and/or any other real or personal property owned by Respondents.
ea
DONE AND ORDERED this ,-) day of 977 ,2006 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY: ....efiL,„.. 60,,,,c-p"
Sheri Barnett,Chair
2800 North Horseshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) of,R COti
The foregoing instrument was .. .14 -.ged before me this 4*,_ A Kof !2.,5,...." ,2006,by Sheri
Barnett,Chair of the Code Enforceme B.,,, . of Collier County,Flo,dNwho* •, onally known to me
or who has produced a Florida Priv; ' - -t- - *Ientifi . it ,
..--..;;0"4's, ci — ‘ u) 0, • \ — o expires:
...--., -1.,.., .: ;NO '• -.VII 10e 1
0'''
I RTIFICATE OF SERV
, ,.....)
IP
I HEREBY CERTIFY that a true .••sfbrr-,,. •• o *. * 'I. t as been sent by U.S.Mail to James
and Sherry Marshall,975 Red River Rd.,Galla 'n, i pots fig, day of 2006.
--------___:.----
fi? tle..44-71 6 23--44r706A--"
M.Jean g son,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste,300
Naples,Florida 34102
(239)2634206
stare ot FLORIDA
;*ounty of COLLIER
I HEREBY CERTIFY THAT this Is a true and
correct cogiigtatidctonnt on file in
Board Rita ,. g•' *1.14orz: of Collier Coun
\ga ty
m"
B.rn.i ,! , . id 'Mc:a', seal this
,•— q ay t# . 11 • ' A •0
.r.... ,
DWI a.:: -*CA .K OF CO RTS
' 1/ • agro—xit i 11‘ t . D C %"*"-------
"ar BOWIMINMPOIO
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OR; 37 2/9/2016 16.A.2.
4 - _--
si OR,. 4033 PG, 2482 ,/
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA, .
Petitioner, CEB NO.2004-72
vs.
JAMES C.AND SHERRY MARSHALL,
Respondents
•
FINDINGS OF FACT.CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing bef• .t.„1.1.•- •• •, r1 8,2005,and the having beard
testimony under oath,received evidence, -,•' t:,t"s1 Board,
Findings of Fact,Conclusions of Law ' I.c * ortr''M,K�, � thereupon its
..,44‘,
1. That James C.and ' '. •
2. That the Code Enf• i„ •:, '" ,. ► "` f[;����
���� � ; ..,• ,. that t11G
R ndea s,having been duly• ..•-•:•.'-1" ".. ., ,, . , - y 1 n
3, That the • .........,.���� *"�� ��'�
• -• of date of..- ',.!"...s..:` ._ !! and by
4. That the real a � �tj� P
4759012That the l pr� I--f • 1,Q Avenue N.' * •�,t'*+ 34120,Folio Number
thereof recorded in Plat Book 7, te;13i.tikes7+a,• t, GOLDEN •vI ATES,Unit 20,sin vio ati tp the plu Section ecorde.#of the Flo,�j�, +• '- /� }{![ 1,•��j/r�"'County,Flcxida,is in violation of
Florida • 3.� •{.•� 171,'i �"\f%-•~ County Ordinance V2"V lyNf.411oaws
10.02.06(BXlXa)and 10.02.06(BXlXd)of ,s• r..•.•31 'tv amended,`_'-J codified as the Land Development
Code in the following particulars; — -•-
Numerous wooden sheds built without first obtaining authorization of Collier County house that was semi-built undo Permit#86-2791,which has expired without obtaining all the required inspections Also,a
and certificate of occupancy.
ORDER OF THE BOARD •
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED:
That the violations that were found to exist be corrected in the following manner;
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OR: 3'; 2/9/2016 16.A.2.
j OR: 4033 PG: 2483 1
I. For all non-penrdtted sheds or accessory structures on desmibed property,by obtaining all Collier
County Building Permits or demolition permits and by following through with all required inspections and
Certificates of Completions for described structures within ninety(90)days(June 28,2005);
2. For primary structure,by obtaining a new valid Collier County Building Permit within ninety(90)
days(June 28,2005)and follow through with all required inspections and Certificates of Completion within 180
days of permit issuance;
3. In the alternative,by obtaining a Collier County Demolition Permit and by reaming the primaiy
structure and all related debris to an area intended for such use and obtaining all required inspections through
certificate of completion within ninety(90)days(June 28,2005);
• 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within ninety(90)
days(June 28,2005),then there will be a fine of$50 per day for each day that the violation continues past that
date.
5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within ninety(90)
days(June 28,2005),then there will be a fine of$100 per day for each day that the violation continues past that
date.
6. That if,in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board
within ninety(90)days(June 28,2005),then there will be a fine of$100 per day for each day that the violation
continues past that date.
7. That the Respondents are to •.; .,,....011,,,, ,1•• ,..6. ... . I cials that the violation has been abated and
request the Investigator to come out and .-;1.71;,. ,.,t___..„ ,,,r21-7-14,.. ,,t17-115.,.... 4
8. That the Respotadents ---,7. 74V ....• -. in the prosecution of this case.
.Q110 a.
Any aggrieved party ma r•- AL • • • .f the :. ... • the % Court within thirty(30)days of
the execution of the Cvler ..-,iiiiivi-. , 1,17. . .,° -r•91,.: °P no 1" . shall be limited to appellate
/ f4rilf 4e ilA i 1, Ytt
1 1 1 1 1 ki‘l,
DONE AND ORDEkED p. iii °I ti 62 ihr, " 1 - ° °' .
Florida. I
ta o ,11;r 0ARD
CO a.on. r1117 rfilir
BY . isA
"7' A Zit/
.
-
' .scree
,:r \ Pp cliff ....,,iii or •
0 ''-,,, :relfre6Mir-.. Drive
P tr.1,-.7■11.0. eteli+-,14,'?°r"''''.nda 34104 °
'------„Q L .
STATE OF FLORIDA. )
).SS:
COUNTY OF COWER)
The foregoing instrimynt was acknowledged before me this day of ri I ,
2005,by ' Flegal,Chairman of the Code aft •. .t Board of Collier County,Fl 'Ala,who is
4
jonaJiy known to me or who .. .. ... . a Florida Driv- License as identification. ,
hAL '71-41 III aleair--
State al WAWA, *
CO LIC
. .
NOTARY PUB
COO*Of COUiig5- `4:4, My commission erpires:_________
-7141 ,4ffitia,,,** -_-,;&_ _ _.,
1
HERE CE ,4:1 4,4° '*-4 .4 ,4 arm L.modupto
torract cogyaf:i 1,1 • •tvaitrit:0.
s"4"''''' Donn • MD/34494
Board Min ;;•An cii-iii4pidi.gror Dow* A.!:P.,!.%••,. comaussiort -
Ati ESS m . .:n. ,,,, • •-•-;„,...r *-Impiqhla
• day of 1,%•.,Ci,-!:. ,4.-.. ,,7 : !', ff.,.. ..i.:1Expirt_uocio,cus:Aug..Thuisc,20.0'
.. : tTs Atiantk Boodula 0-mr--
-•-: • A -•,, .• ,...;„.-
......
DWIGHT E. BROe?e,..dklifctc‘fcctiOURT8
By.... • illt e6 6 I Ete.
I
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2/9/2016 16.A.2.
#* OR: Jilt rui 3131 A"
4
I *** OR: 4033 PG: 2484 **y
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORD has been by U.S.Mail to Jams C.
and`.wry Marshall,975 Red River Road,Gallatin,TN 37066 this '�)Y'day of 2005.
if 411. •
M.J-.s/visor.,Esq. .
Florida s ar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
(2.39)263-8206
r
•
tdj)ill! ‘ 1
4
ALT
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C 44''7,, -1k,,,Air
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2/9/2016 16.A.2.
KCD HOLDINGS, LLC
4711 FIRST AVENUE NORTHWEST
NAPLES, FLORIDA 34119
(239)963-5586
December 10,2015
Collier County Code Enforcement Division
Growth Management Department
2800 North Horseshoe Drive
Naples,Florida 34104
Re: Waiver of Liens Request-Code Case 2002120972
Golden Gate Estates
Unit 20 Tract 3,a/kJai 820 20 Ave NW,Naples Fl 34120
PID 37590120007(the"Property")
t"\ To Whom it May Concern:
As resolved by the Board of County CommissionersouhifldCollier County in Resolution No.2012-46,the new
KCD H
owner of the above referenced real Property, Holdings LLC, hereby requests the Board of County
Co sioners to waive all recorded liens and unrecorded orded claims against the subject Property.
KCD Holdings LLC is a Florida limited liability company owned solely by Karen Davenport's self-m. s
self-
directed IRA account administered by A.dvantab.IRA,1520 Royal Palm Square Blvd.,Ste.#320,Ft.Myers,
F133919. KCD Holdings LLC was the highest 01 for the Property at a well-attended tax deed public t
auction held October 5,2015,for the sum of$80,576,including recording costs. Following full payment,
aa tax deed was issued to KCD Holdings on October'6,2015 by the Clerk of the Circuit Court.
KCD Holdings LLC did not have any knowledge or relationship with the prior owners of the Property.
KCD proceeded to research in detail and then to abate the unpermitted structures on the Property. KCD:
• Retained a licensed local surveyor to locate all site improvements,including the unpermitted
structures.
• Retained legal counsel to file a quiet title suit.
• Retained a respected local environmental. lsfirlmuwto make an informal wetlands determination of
the site. Approximately 21%of the site . quality wetlands to be protected.Extensive
growths of unwanted invasive plant species,especially B ilian pepper,were discovered w
will be removed as homes are constructed. onsite.
• Requested bids from local licensed and insured demolition firms to take down and remove three
structures,the largest of which was a 3,200 reSF post and beam structure approximately 30'high.
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2/9/2016 16.A.2.
• Awarded the demolition contract along with a substantial deposit October 20,2015. The
demolition contractor could not start immediately as the large structures required select heavy
equipment.
• Tracked the progress of the extensive demolition efforts and kept County Code Enforcement
staff apprised of all progress.
• Notified County Code Enforcement staff of successful completion of the abatement efforts
December 9,2015.
• Paid for all work.
KCD Holdings LLC respectfully requests the formal approval of the Collier County Board of County
Commissioners to release all liens and claims related to the Property based on KCD's compliance with
the following criteria set by the Commission in Paragraph 4.1 of Resolution.No.2012-46:
A. Fine/lien amount is fixed and no longer accruing on a periodic basis. KCD was notified
by John Santafemia,Investigative Supervisor,that the original code enforcement case was
closed as of December 10,2015.
B. Underlying violations resulting in the fine/lien have been abated or corrected. All
structures have been demolished,the site inspected and approved by County staff.
C. History of violations by the offering party. KCD Holdings has"clean hands"as the new
owner and has abated the un-permitted structures through the demolition and debris
removal process.
D. For code enforcement liens and fines on the property that has new ownership,fines that
accrued prior to transfer of title and thirty days following the transfer of title would be
considered for waiver as long as the new owner has diligently pursued abatement and
compliance has been achieved. KCD has moved quickly since acquiring the Property and
proceeded to abate a problem that has been festering for over a decade. Due to the size of the
demolition project,the process took longer than the 30 days contemplated by the resolution.
Therefore,KCD requests that no such new fines be assessed since taking title and that all
older liens and fines be waived and released.
E. Extent to which 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. Payment of the full lien amount would exceed the total
net worth of KCD and would exceed its capacity to pay.
F. The amount recovered will equal or exceed the costs and expenses incurred by the
County in prosecuting the violation and obtaining,recording and enforcing the
fine/lien. KCD agrees to pay such costs,not to exceed$2,000.
We look forward to completing this action. Please advise if you need any additional information or
support data.
Very truly yours,
Richard avenport
As Manager.
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