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Agenda 04/12/2016 Item #16A28 4/12/2016 16.A.28. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $11,333.50 for payment of $2,283.50 in the code enforcement action entitled Board of County Commissioners v. Joseph C. Lester, Code Enforcement Special Magistrate Case No. CEPM20140008380 relating to property located at 4395 Kentucky Way,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$11,333.50 for payment of$2,283.50, in relation to the Code Enforcement Special Magistrate Case No. CEPM20140008380. CONSIDERATIONS: As a result of a code violation at 4395 Kentucky Way, consisting of an unmaintained swimming pool, screen enclosure in disrepair and bee infestation creating an unsafe condition, the Code Enforcement Special Magistrate ordered the imposition of a lien against Joseph C. Lester, in Case No. CEPM20140008380. The lien was recorded in the Official Records (O.R.) on March 5, 2015, at O.R. Book 5126, Page 1551, and it encumbers all real and personal property owned by Joseph C. Lester. The lien amount of$11,333.50 is based on a total of 38 days of accrued fines (at $250 per day from November 13, 2014 through December 22, 2014) plus operational costs of $230.50, and abatement costs of $1,603.00. The property was brought into compliance on December 22, 2014. Following a foreclosure (Case No. 2011-CA-002435), the property was acquired by Federal National Mortgage Association, via amended certificate of title which was recorded on October 16, 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 new owner has paid$2,283.50. The new owner is requesting a waiver of$9,050 in accrued fines. FISCAL IMPACT: Payment of $2,283.50 has been made and if approved by the Board, accrued fines in the amount of$9,050 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 RECOMMENDATION: To waive the fines in the amount of $9,050, accept payment in the amount of $2,283.50, 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 Packet Page -836- 4/12/2016 16.A.28. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.28. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$11,333.50 for payment of$2,283.50 in the code enforcement action entitled Board of County Commissioners v. Joseph C. Lester, Code Enforcement Special Magistrate Case No. CEPM20140008380 relating to property located at 4395 Kentucky Way, Collier County, Florida. Meeting Date: 4/12/2016 Prepared By Name: BuchillonHelen Title: VALUE MISSING 2/24/2016 11:57:01 AM Approved By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 2/24/2016 1:15:05 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 2/26/2016 3:15:29 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 2/26/2016 3:16:11 PM Name: OssorioMichael Title: Division Director-Code Enforcement, Code Enforcement Date: 3/2/2016 12:05:20 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 3/2/2016 3:53:55 PM Name: MarcellaJeanne Packet Page-837- 4/12/2016 16.A.28. Title: Executive Secretary,Transportation Administration Date: 3/8/2016 3:36:31 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/15/2016 3:04:50 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 3/17/2016 2:28:46 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date:4/1/2016 2:27:08 PM Packet Page -838- 4/12/2016 16.A.28. 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: Joseph C. Lester, Respondent The lien was recorded on March 5, 2015, in Official Records Book 5126, Page 1551, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven thousand three hundred thirty-three dollars and fifty cents ($11,333.50), 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 CEPM20140008380 Packet Page -839- • ' INSTR 5091280 OR 5126 PG 1551 RECORDED 3/5/2015 11:39 AM PAGES 3 4/12/2016 16.A.28. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC S27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM201400111380 ! BOARD OF COUNTY COMAIISSIONERS . COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSEPH C.LESTER, Respondent. Iy,R COLS 111 ORD DI.i.fl!Aii y �M . ��t, ' TE „i.I.. t.G ' I S/LIE THIS CAUSE came . fo 1- • vt, ' • .. ilk hearing upon the Petitioner's � �; : e i . S. cial Magistrate, having heard Motion for Imposition of Fin=s/Li-. on d n s of Fact and Order of the argument respective to all ap.ro ∎.: = m: .1, ' k g Special Magistrate,as follows: C;? ,, j� FINDINGS OF '-1= (J 1. On November 7,2014,Res P found guil . , on of Collier County Code of Laws and Ordinances,Chapter 22, ' , ,1^ 1n{,�i '' n)and 22-231(15)for a private pool not being main • , , ithy condition and accessory screened swimming poo g structure in disrepair,which violation occurred on the property located at 4395 Kentucky Way, Ave Maria,FL,Folio#22683000586(Legal Description:AVE MARIA UNIT 8 EMERSON PARK LOT 23). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 14,2014,or a fine of 250.00 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 5098,PG 1708). 3. Operational costs of$115.40 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 abated as of December 22,2014. Packet Page -840- OR 5126 PG 1552 4/12/2016 16.A.28. 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. B. Daily fines of$250.00 per day are assessed against Respondent for 38 days for the period from November 15,2014 to December 22,2014,for a total amount of fines of$9,500.00. C. Respondent shall pay the previously assessed operational costs in the amount of$115.40. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $115.10. E. Respondent shall pay the abatement costs'i it-, by the County in the amount of$1,603.00. RCO F. Respondent is ordered to pay .y I i.. t. i i i. :i,: i t of$11333.50 or be subject to Notice of Assessment of Li. 7 all properties o ' ,. •espondent in Collier County, Florida. DONE AND ORDERED this 1n1. a i ritar� 7a Co 'or County,Florida. �% COLL t 1> s .liA( a DE ENFORCEMENT �j SPEC -��44 tt' TE C..) 1111 C.111-%-1 C (:%;%.4. -- NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier Cotfnty Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,phone# (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—Joseph C.Lester Collier Co.Code Enforcement Dept. Packet Page -841- *** OR 5126 PG 1553 *** 4/12/2016 16.A.28. 0 1112F, V I..., O�7'�I. CIRCA State of Honda • County of COLLIER;r sr,n. I HEREBY CERF1FY,.. f1AT this isaQ ania correct copy of✓a dafc}lment on Tile in.';.° Board MinuteOndRecords of ectiliert ounty WITNgSS my and official teal th` :day::of D HT E.BRO. ItyttcoF COURTS Packet Page -842- INSTR 5056760 OR 5098 PG 1708 RECORDED 11/26/2014 3:30 PM PAGES 3 4/12/2016 16.A.28. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20140008380 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSEPH C.LESTER, Respondent, ORDER 0 1: _I _8.0►.;_GISTRATE THIS CAUSE came on f. s • hearing before the Magistrate on November 7,2014, and the Special Magistrate, hay' g h , • Y•is ony under oath, -cei ed evidence and heard argument respective to all appropriate •atte, , = •• ' Findin o' Fact and Order of the Special Magistrate,as follows: F liL�lli' al, 1. Respondent,Joseph cfc er,is the owner of th ubje t p•. . • 2. Respondent was notifies date of hearing by ce-. • it and posting and the Special Magistrate has jurisdiction .ff . atter. • C 3. Respondent,having been duly no' cltnot at the public hearing. 4. The real property located at 4395 Kentucky Way,Ave Maria,Florida,Folio#22683000586 (Legal Description: AVE MARIA UNIT 8 EMERSON PARK LOT 23),is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-231 (12)(n) and(15),in the following particulars: Private swimming pool not being maintained creating an unhealthy condition,and accessory screened structure in disrepair. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended, it is hereby ORDERED: Packet Page -843- OR 5098 PG 1709 4/12/2016 16.A.28. A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-231 (12)(n)and(15). B. Respondent must abate the violation by chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment AND repair accessory screened structure returning same to originally permitted condition on or before November 14,2014,or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively,Respondent must abate the violation by chemically treating the pool water,killing the algae growth and covering the pool to prevent safety hazards,insect infestations,and the intrusion of rain water AND repair accessory screened structure returning same to originally permitted condition on or before November 14,2014,or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. D. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. • •. s abatement shall be assessed against the property. \AV,,R CODA E. Respondent is ordered to .: 0 7 : ional costs for the . •- on of this case in the amount of $115.40 on or before D: •in, 1 ;. F. Respondent shall noti th- C. n • :a . 4 - i:: o_ •hn∎antafemia,within 24 hours of abatement or compl: ce i :tai •1 . j : , r o ,-d to confirm compliance. r DONE AND ORDERED this VI's, •—/o 'y f I. !` ' - ,1 i flier County,Florida. ind + COLLIE• 't $ol v CODE ENFORCEMENT (j SPECIA , - . : ' ,TE TFIE CAW-I '. I A C.GARRETSON PAYMENT 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,phone# (239)252-2440 or 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(s)—Joseph C.Ifester Collier Co.Code Enforcement Dept. Packet Page -844- #* OR 5098 PG 1710 *** 4/12/2016 16.A.28. i R C �Lp j PV r • 0 E-. TIE CIC� State of Florida County of COLLIER '; ,,�,,�r ,�t{�5. • rr h3 ' ,.. •. I HEREBY CERTIFY THAT ttii s 4 , fd correct copy of a document o le r Cr_.r.;7!i`:.;:";:';:21` Board Minutes and Records,©f�CotIi county W N SS my ha d/0.0 rciltsealthis L4�',�J+ aC ay of 106U !I'<„,,,,....:',. .'7' x c5 `;�, WIGHT E.BROCK,CLERKOI=Cfl R --.0-!‘. ' ; D.C. • Packet Page -845-