Agenda 04/12/2016 Item #16A29 4/12/2016 16.A.29.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$274,580.57 for payment of $580.57 in the code enforcement action entitled Board of County
Commissioners v. Terry J.Kramer,Code Enforcement Board Case No. CESD20120008679 relating
to property located at 825 11th Street. SW,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$274,580.57, for payment of$580.57, in relation
to the Code Enforcement Board Case No. CESD20120008679.
CONSIDERATIONS: As a result of a code violation at 825 11th Street S.W., for expired
permits for a steel building, pool and electric (all which expired without all required inspections
and the issuance of a Certificate of Completion/Occupancy), the Code Enforcement Board
ordered the imposition of a lien against Terry J. Kramer, in Case No. CESD20120008679. The
lien was recorded in the Official Records on April 18, 2013, at O.R. Book 4909, Page 2619, and
it encumbers all real and personal property owned by Terry J. Kramer. The lien amount of
$274,580.57 is based on a total of 1,098 days of accrued fines (at $250 per day from January 30,
2013 through February 1, 2016) plus $80.57 in operational costs. The property was brought into
compliance on February 1, 2016.
Following a foreclosure (Case No. 2014-CA-001766), the property was acquired by CKC
Property Holdings LLC, via certificate of title which was recorded on December 30, 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 $580.87. The
new owner is requesting a waiver of$274,000 in accrued fines.
FISCAL IMPACT: Payment of$580.57 has been made and if approved by the Board, accrued
fines in the amount of$274,000 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 $274,000, accept payment
amount of$580.57, release the lien, and authorize the Chairman to sign the attached release and
satisfaction of lien for recording in the Official Public Records.
16-CED-01106/1240764/1]
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4/12/2016 16.A.29.
Prepared by: Michael Ossorio, Code Enforcement Division Director, Growth Management
Department
Attachments:
1)Release and Satisfaction of Lien
2) Lien Order
•
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4/12/2016 16.A.29.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.29.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $274,580.57 for payment of$580.57 in the code enforcement action
entitled Board of County Commissioners v.Terry J. Kramer, Code Enforcement Board Case No.
CESD20120008679 relating to property located at 825 11th Street. SW, Collier County, Florida.
Meeting Date: 4/12/2016
Prepared By
Name: BuchillonHelen
Title:VALUE MISSING
3/2/2016 2:16:58 PM
Approved By
Name:NoellKevin
Title:Assistant County Attorney,CAO General Services
Date: 3/2/2016 3:54:51 PM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 3/7/2016 12:41:54 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/9/2016 8:56:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/15/2016 3:04:59 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 3/17/2016 2:31:07 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
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4/12/2016 16.A.29.
Date: 4/1/2016 2:34:02 PM
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4/12/2016 16.A.29.
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:
Terry J. Kramer,
Respondent
The lien was recorded on April 18, 2013, in Official Records Book 4909, Page 2619, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
fourteen thousand five hundred eighty dollars and fifty-seven cents ($14,580.57), 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
CESD20120008679
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INSTR 4826713 OR 4909 PG 2619 RECORDED 4/18/2013 8:53 AM PAGES 2 4/12/2016 16.A.29.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120008679
vs.
•
TERRY].KRAMER,
Respondent
/
O .cL �, + �'j�L'yL EN
•
THIS CAUSE came on for. . ' g before the Board,1' . .,, ber 29,2012,after due notice to
Respondent at which time the Board ,, under oath,recei ->evi, ,ce,and issued its Findings of Fact
and Conclusions of Law and there , • . • was _. ced o writing on December 3,2012,
and furnished to Respondent and ,►,- in, _-.,i 'er••unty,Florida at OR 4865,PG
2605,et.seq.on December 17,2 , � ? •;� '�! :,�: . 11°Street S.W.,,Naples,Florida
34117,Folio 37014480003,more. ,) �j�j �, ;T, • /, 5 GTE ESTATES,UNIT NO.9,in
accordance with and subject to th =, ' ' page , "rds of Collier County,Florida
An Affidavit of Non , . has been filed with ALID r•, Enforcement Official on
February 1,2013,which Affidavit• ,{ -, under oath that the '�: action has not been taken as
ordered.
Accordingly,it having been brouG o , :' 1,4:, Respondent has not complied with the
Order dated December 3,2012,it is hereby .. C I
ORDERED,that the Respondent Terry J.Kramer,pay to Collier County fines in the amount of 514,500.00
(Order Items 1&2)at a rate of$250.00/day for the period of January 30,2013 through March 28,2013(58 days),
plus the operational costs of$80.57,for a total of 514,580.57.
IT IS FURTHER ORDERED that the fines shall continue to accnie 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
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this �" day of ,2013 at Collier County,Florida.
State of Florida CODE ENFORCEMENT BO• • •
County of COLLIER COLLIER COUNTY,FLO•ai•A
ol.R3 //
I HEREBY ��i.1F7..;1'nA1,this is a true and•cnrrUL'!:' ° docu Snf,F�fife in B `1 4..1 l
Board ^nuts,?^d 0Coitier County erald Lefeb<!V'IIChair
?
31 this 2800 North Horsesh• Drive
Gay' - ckkt6 Naples,Florida 3411
VIGHT,E,6,ROCt;rCI. '((OF COURTS
C" ' .C. I/
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*** OR 4909 PG 2620 *** 4/12/2016 16.A.29.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
•
The foregoing instrument was acknowledg fore me this day of
20I3,by Gerald Lefebvre,Vice Chair of a Code for cement Board of Colti County,Florida,who is
personally known to me or who has . ..uced a o Driver' License as identification.
n
ow KAREN 0 BAILEY Y PUBLIC
•1 MY COMMISSION a EE875121My commission expires:
4.a-r;. EXPIRES February 14.2017
l.orr 3si.o+s3 rbridst4 '►°""in CE tT IFICATE OF SERVICE
I HEREBY CERTIFY that a true • s s1 o. i 'i ►„' ER been sent by U.S.Mail to Terry J.
Kramer,825 11'”Street S.W.,Naples, �JGI r �.is ' day 4 41. i C� 2013.
• _ '.., 1r. CO .n `..
o:.• :ar o 75► 1
S .210
1-'7
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INSTR 4775390 OR 4865 PG 2605 RECORDED 12/17/2012 11:05 AM PAGES 2 4/12/2016 16.A.29.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120008679
vs.
TERRY J.KRAMER,
Respondent
•
FIND -�•w L'Ct�EiI; S
OFD 'i ORDER •F D
THIS CAUSE came on for public he• ing• • • :.ard on No ember r,20 2,and the Board,having heard
testimony under oath,received evid• ce, • d . . spe•.'ve to.11 •pprop •te •tters,thereupon issues its
Findings of Fact,Conclusions of • ,a d 0 • o - "t o• .,
1. That Terry J.Kramer is th o • f the sul p •• ,
2. That the Code Enforcemen ib• d has jurisdiction of th•a•erso of t,. -•ondent and that the
Respondent,having been duly notifi.. ed to appear at the pu•\ :pea'n:.O
3. That the Respondent was noti 'A o •• date of hearin by '
g Y ce• •it and by posting.
4. That the real property located at 82 —.51• . 11r • • orida 34117,Folio 37014480003,more
particularly described as Tract 69,GOLDEN GA • *441 31.•• T NO.9,in accordance with and subject to the
plat recorded in Plat Book 4,page 99,Public Records of Collier County,Florida,is in violation of Ordinance 04-
4I,as amended,the Collier County Land Development Code,Section 10.02.06(13)(1)(a)in the following
particulars:
Permit#2006014872 for a steel building and Permit#2004080864 for a pool and electric have both
expired without all required inspections and the issuance of a Certificate of Completion/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.04-41,it is hereby ORDERED:
That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,Section
10.02.06(B)(t)(a)be corrected in the following manner:
1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting
all required inspections through certificate of occupancy/completion within 60 days(January 29,2013).
2. That if the Respondent does not comply with paragraph I of the Order of the Board by January 29,
2013,then there will be a fine of$250 per day for each day until the violation is abated.
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3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
4. That if the Respondent fails to abate the violation,the county may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to
enforce the provisions of this order and all costs of abatement shall be assessed to the property owner.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of 580.57 within 30 days.
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
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this,' day of DP.—t~ . ,2012 at Collier County,Florida.
s :�E MENT BOARD
� �..tra1� , •RIDA
)d.STATE OF FLORIDA ) ! � 3��
)S S: (1C(1111 COUNTY OF COLLIER) t^ F—,
The foregoing instrument was ackno .,; d before me this 3 .
4.:.; of A
2012,by Robert Kaufman,Chair of th• 4R Enforcement Board o .,,i s 4
Personally known to me or s ,as produced a Florida P is se asd d who is
p icense as identification.
„ KRISTINE TWENTE ��—n ,��„ J- t_
+���a P t Notary Public-State of Florida NOTE=+iT:`,'�i.i►''
�, E My Comm.Expires Jun 18,2015 My commission expires:
', "� a:= Commission#EE 87272
''• :∎:∎fA�'- Sonde '.' ..-' tw 7I Notary Assn.
-. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Terry J.
Kramer,65 Perch Street,Haines City,FL 33844 this I c'''''—day of c , ,2012.
/./2
M.Jean so
Florida Bar No.750311
> ;,;; ;• ,��r�_ ,::$,.-tip , .r omey for the Code Enforcement Board
{i0w . . . * �.,.,H hl''•'I Goodlette Road N.,Ste.210
Dowry of ;,-;: ?•,,Idples,Florida 34102
I HEREBY CERTIFY THAT tl1i! ' • .39)263-8206
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:orrect coot'of a document pt fl*IR
3oard Minutes end Rte of•ColUse018101 .
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