Agenda 04/12/2016 Item #16A31 4/12/2016 16.A.31.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$311,112.56 for payment of $2,112.56, in the code enforcement action entitled Board of County
Commissioners v. Jennifer Bonacki, Code Enforcement Special Magistrate Case No.
CEPM20120001710,relating to property located at 2456 Millcreek Lane,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 $311,112.56, for payment of $2,112.56, in
relation to the Code Enforcement Special Magistrate Case No. CEPM20120001710.
CONSIDERATIONS: As a result of a code violation at 2456 Millcreek Lane, consisting of
mold growing on the interior walls and baseboards of the vacant condominium, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Jennifer Bonacki, in
Case No. CEPM20120001710. The lien was recorded in the Official Records (O.R.) on
December 21, 2012, at O.R. Book 4867, Page 3925, and it encumbers all real and personal
property owned by Jennifer Bonacki. The lien amount of$311,112.56 is based on 1,244 days of
accrued fines ($250 per day from June 9, 2012 through November 5, 2015) plus $112.56 in
operational costs. The property was brought into compliance on November 5, 2015.
The property was acquired by James Weisbecker, via a quitclaim deed which was recorded on
September 28, 2015. The new owner purchased the property with the knowledge that there was
a lien and an established violation. Mr. Weisbecker accrued fines for 8 additional days, while
bringing property the into compliance.
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 $2,112.56 in
accrued fines. The new owner is requesting a waiver of$309,000 in accrued fines.
FISCAL IMPACT: Payment of $2,112.56 has been made, representing $2,000 in fines and
$112.56 in operational costs. If approved by the Board, accrued fines in the amount of$309,000
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$309,000, accept payment in the
amount of $2,112.56, 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-01099/1236492/1]
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4/12/2016 16.A.31.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1)Release and Satisfaction of Lien
2) Lien Order
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4/12/2016 16.A.31 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.31.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$311,112.56 for payment of$2,112.56, in the code enforcement action
entitled Board of County Commissioners v. Jennifer Bonacki, Code Enforcement Special
Magistrate Case No. CEPM20120001710, relating to property located at 2456 Millcreek Lane,
Collier County, Florida.
Meeting Date: 4/12/2016
Prepared By
Name: BuchillonHelen
Title: VALUE MISSING
3/3/2016 3:06:39 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/7/2016 8:55:13 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 3/7/2016 12:54:34 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/7/2016 12:55:21 PM
Name: FrenchJames
Title: Deputy Department Head- GMD, Growth Management Department
Date: 3/10/2016 7:41:58 PM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 3/15/2016 11:20:42 AM
Name: NoellKevin
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4/12/2016 16.A.31.
Title: Assistant County Attorney,CAO General Services
Date: 3/15/2016 11:25:16 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/21/2016 9:23:18 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/24/2016 8:23:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:27:23 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2016 4:58:31 PM
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4/12/2016 16.A.31.
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:
Jennifer Bonacki,
Respondent
The lien was recorded on December 21, 2012, in Official Records Book 4867, Page 3925, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
forty-five thousand three hundred sixty-two dollars and fifty-six cents ($45,362.56), 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
CEPM20120001710
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INSTR 4778070 OR 4867 PG 3925 RECORDED 12/21/2012 11:51 AM PAGES 3 4/12/2016 16.A.31 .
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM201200017I0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JENNIFER BONACKI,
Respondent.
/
R COO
ORD ,' L;/.,11;if. A.'t. I kTRATE
POSING FINES/LI
THIS CAUSE came .efo e the ,. is , agist . e for •ubh hearing upon the Petitioner's
Motion for Imposition of Fin s/L - .11 P - `i'; " - •e S•ecial Magistrate, having heard
argument respective to all a..ro• •,• m.tt , he eu• , •is Findings of Fact and Order of the
Special Magistrate,as follows n
FINDINGS OF , t _ ��
a
1. On June 1,2012,Respon•; t . found guilty of viol. n Collier County Code of Laws and
Ordinances,Chapter 22 Bui • •. . z :uildin_ : =_ la ' Article VI Property Maintenance
Code,Section 22-231 (12)(p)and.1 fo,Iitnc the interior walls and baseboards of a
vacant condo,which violation occur r-do on-the erty located at 2456 Millcreek Lane,Unit 103,
Naples,FL Folio#51080001984(Legal Description: HUNTINGTON LAKES ONE A
CONDOMINIUM BLDG 13-103).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 8,2012,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 4806,
PG 3251).
3. Operational costs of S112.56 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 not been abated as of the date of the hearing.
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OR 4867 PG 3926 4/12/2016 16.A.31 .
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 S250.00 per day are assessed against Respondent for 181 days for the period from
June 9,2012 to December 7,2012,for a total amount of fines of S45,250.00.
C. Respondent shall pay the previously assessed operational costs of 5112.56.
D. Respondent is ordered to pay fines and costs in the total amount of S45,362.56 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of S250.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigai- tj�
G \
DONE AND ORDERED this/ h.SA t ay o'' _ T' ,201 at •oilier County,Florida.
ER t o ' ODE ENFORCEMENT
SP TE
VIAL NDAC.G• '.c iN
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, 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—Jennifer Bonacki
Collier Co.Code Enforcement Dept.
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*** OR 4867 PG 3927 *** 4/12/2016 16.A.31 .
r G i .„.4). \,,
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TFj1 ci
;tunny of COLLItft . ... .
Orr,
I HER E 9Y CERTIFY THAT thia•ts a
acs
:orreCt CODy of a Cocument o&ftt ►; r. ,
9oard Minutes and Records of CoEUEt=Coda .'
WITNESS my hang and otfiCi't M t th4e ° . ;
dow-qay of 'U �r� : .....:t'V�-
)WIG E. BROCA.CLERK Of COURTS /
sari'
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INSTR 4705526 OR 4806 PG 3251 RECORDED 6/13/2012 9:04 AM PAGES 2 4/12/2016 16.A.31 .
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120001710
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JENNIFER BONACKI,
Respondent.
.S,W,R COU
ORDER 0' i: .;y' • S r.m r._L1:
THIS CAUSE came on for . bli : . . le S i ial Ma:'stra on June 1,2012,and the
Special Magistrate,having heard t-.tim. y if - . : 'dence :nd ' .rd argument respective
to all appropriate matters, hereup., is•- > ''...E. .' - .f s Special Magistrate, as
follows:
ni w j ur f—q
1. Respondent,Jennifer Bonac'4.i .- owner of the subjec M. it
2. Respondent was notified of the t -., ! . -'' . . d posting and the Special
Magistrate has jurisdiction of this ma - .11j C I
3. Respondent,having been duly notified,did not appear at the hearing.
4. The real property located at 2456 Millcreek Lane,Unit 103,Naples,Florida,Folio
#51080001984(Legal Description:HUNTINGTON LAKES ONE A CONDOMINIUM BLDG
13-103),is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings
and Building Regulations,Article VI Property Maintenance Code,Section 22-231(12)(p)and
19,in the following particulars:
Mold growing on the interior walls and baseboards of a vacant condo.
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. 2010-04, it is
hereby ORDERED:
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*** OR 4806 PG 3252 *** 4/12/2016 16.A.31 .
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22,Buildings and Building Regulations,Article VI Property Maintenance Code,Section 22-
231(12)(p)and 19.
B. Respondent must abate the violation by making the unit habitable by treating and/or removing
mold to maintain sanitary conditions at vacant or unoccupied unit and by obtaining any and all
required Collier County Building Permits or Demolition Permit,inspections,and Certificate of
Completion/Occupancy on or before June 8,2012 or a fine of$250.00 per day will be imposed
for each day the violation remains thereafter.
C. 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. All costs of abatement shall be assessed against the
property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.56 on or before July 1,2012.
E. Respondent shall notify the Code •r•; . +�.• c•,. ele McGonagle,within 24
hours of abatement or complian sOt a final inspectio •erformed to confirm
compliance.
DONE AND ORDERED this 4 a : , r _� � .:1110
e, 'er s ounty,Florida.
•
COLLIER :, ' NFORCEMENT
SPECIAL M ;�'. ' '
wrDA C.GARRET.74111.
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, 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.
$tau pi FU:lilUA
„aunty of COLLIER
cc: Respondent(s)—Jennifer Bonacki cc l r)
Collier Co.Code Enforcement Dept. _ �'
1 HEREBY CERTIFY THAT this le a`tr i .)
correct cony or a Document on fhlein.`�''
aoard Minutes and Records of Cofi*
VMITNESS my rump and Official*Ott* ‘
..L.... asy of �w�e t-Q( . �y ..... cv�;
`tilEt■
4WIG E.eitmfi,CLERK OF OMMill
7il
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