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Agenda 04/26/2016 Item #16A11 4/26/2016 16.A.11 . EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $34,362.82 for payment of $562.82 in the code enforcement action entitled Board of County Commissioners v. Jack and Muriel Floyd, Code Enforcement Special Magistrate Case No. CEPM20120009545 relating to property located at 11466 Laertes 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$34,362.82 for payment of$562.82, in relation to the Code Enforcement Special Magistrate Case No. CEPM20120009545. CONSIDERATIONS: As a result of a code violation at 11466 Laertes Lane, consisting of an unsecure dwelling in need of repair and maintenance, including exterior walls, interior walls, electrical system, doors, windows, and other areas throughout the dwelling, the Code Enforcement Special Magistrate ordered the imposition of a lien against Jack and Muriel Floyd, in Case No. CEPM20120009545. The lien was recorded in the Official Records on April 23, 2013, at O.R. Book 4912, Page 140, and it encumbers all real and personal property owned by Jack and Muriel Floyd. The lien amount of$34,362.82 is based on a total of 137 days of accrued fines (at $250 per day from October 13, 2012, through February 26, 2013) plus operational costs of$112.82. The property was brought into compliance on February 26, 2013. The property was acquired by Michael J. Molinari, via warranty deed which was recorded on March 4, 2016. 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 $562.82. The new owner is requesting a waiver of$33,800.00 in accrued fines. FISCAL IMPACT: Payment of$562.82 has been made and if approved by the Board, accrued fines in the amount of$33,800.00 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 $33,800.00, accept payment amount of$562.82, 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-01109/1244741/1] Packet Page -544- 4/26/2016 16.A.11. Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order [16-CED-01109/1244741/1] Packet Page -545- 4/26/2016 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $34,362.82 for payment of$562.82 in the code enforcement action entitled Board of County Commissioners v.Jack and Muriel Floyd, Code Enforcement Special Magistrate Case No. CEPM20120009545 relating to property located at 11466 Laertes Lane, Collier County, Florida. Meeting Date: 4/26/2016 Prepared By Name: BuchillonHelen Title: VALUE MISSING 3/17/2016 3:51:14 PM Approved By Name: OssorioMichael Title: Division Director-Code Enforcement, Code Enforcement Date: 3/21/2016 10:3 6:5 7 AM Name: Burgoslliana Title: Supervisor-Operations, Code Enforcement Date: 3/21/2016 11:15:25 AM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 3/22/2016 2:13:45 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/22/2016 2:14:33 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 3/22/2016 4:03:09 PM Name: MarcellaJeanne Packet Page -546- 4/26/2016 16.A.11. Title: Executive Secretary,Transportation Administration Date: 3/24/2016 9:49:46 AM Name: KlatzkowJeff Title: County Attorney, Date:4/4/2016 3:53:00 PM Name: FrenchJames Title:Deputy Department Head-GMD, Growth Management Department Date: 4/7/2016 2:16:21 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 4/14/2016 9:37:52 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2016 9:42:45 AM Packet Page -547- 4/26/2016 16.A.11 . 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: Jack and Muriel Floyd, Respondent The lien was recorded on April 23, 2013, in Official Records Book 4912, Page 140, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty- four thousand three hundred sixty-two dollars and eighty-two cents ($34,362.82), 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 CEPM20120009545 Packet Page -548- INSTR 4829449 OR 4912 PG 140 RECORDED 4/23/2013 6:09 PM PAGES 2 4/26/2016 16.A.11. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120009545 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JACK FLOYD AND MURIEL FLOYD, Respondents. • 1� ORDE' cakga EC -1 i'• . tTRATE 1�7'OSING FINES/LI : THIS CAUSE came •efo thl—IIP ~ e for •ubli hearing upon the Petitioner's Motion for Imposition of Fi i S S.- ial Magistrate, having heard argument respective to all ap•ro• ~ y' - ' in.ings of Fact and Order of the Special Magistrate,as follows L -, ,,� FINDINGS OF 1. On October 5,2012,Res was found guilty of • : '• of Collier County Code of Laws and Ordinances,Chapter 22, :Alt'th....41 and Build': 2' , ions,Article VI Property Maintenance Code,Section 22- 4 .11 ` I•I:ection 22-242 for an unsecured dwelling in need of repair and maintenance,' iAIP- walls,interior walls,electrical system, doors,windows,and other areas,which violation occurred on the property located at 11466 Laertes Lane,Naples,FL Folio#759560008(Legal Description: 16 51 27 S1/2 OF W1/2 OF NE1/4 OF NW1/4 OF SE1/4 2.5 AC OR 175 PG 114). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 12,2012,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 4846,PG 1982). 3. Operational costs of S112.82 incurred by the County in the prosecution of this case have not been 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 been abated as of February 26,2013. Packet Page -549- *** OR 4912 PG 141 *** 4/26/2016 16.A.11 . 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$250.00 per day are assessed against Respondent for 137 days for the period from October 13,2012 to February 26,2013,for a total amount of fines of$34,250.00. C. Respondent shall pay the previously assessed operational costs of$112.82. D. Respondent is ordered to pay fines and costs in the total amount of$34,362.82 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. R COUNT �n\)\). I 4- DONE AND ORDERED this ' L..: . It‘ \ 20 at oilier County,Florida. C r i . ,`. ,7 s ODE ENFORCEMENT ,�OS: o ri i• t IS L E ...eN( .. �' �� p c 5 n111"C.GARRE—ON 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. S;ata o`Fl.;ida, County of C • L ER 2: cc: Respondent-Jack Floyd and Muriel Floyd ' .,r a�,hs.is a true and Collier Co.Code Enforcement Dept. I HE E4�Z•'.'T ,,yf' t ti in Corr fiCi), e.,1 / . r County iV6 z.',J4., ,,<'. ; ."; ,al this p;.", ,. '''' .1-31;',0"K CifEF4K OF COURTS Packet Page -550- D. . INSTR 4752605 OR 4846 PG 1982 RECORDED 10/17/2012 10:22 AM PAGES 2 4/26/2016 16.A.11 . DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120009545 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JACK FLOYD AND MURIEL FLOYD, Respondents. ORDER_I_ STRATE THIS CAUSE came on f•. •• • lc hearing before the S.: ial agistrate on October 5,2012,and the Special Magistrate, havin: h . . 4 s uno •. r •ath, r- iv- evidence and heard argument respective to all appropriate att , he - '•n ' es its Findin:. o' Fact and Order of the Special Magistrate,as follows: �►f a e+. FAQ' 1. Respondents,Jack Fl. 'd Muriel Floyd,are > .o i e of e subject property. 2. Respondents were notifi •bf - date of hearing by c: ''' -, mail and posting and the Special Magistrate has jurisdiction . t er. 3. Respondents,having been duly not , •'• pear at the hearing. 4. The real property located at 11466 Laertes Lane,Naples,Florida,Folio#759560008(Legal Description: 16 51 27 S1/2 OF W1/2 OF NE1/4 OF NW1/4 OF SEI/4 2.5 AC OR 175 PG 114),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(1)through(20), and Section 22-242,in the following particulars: Unsecure dwelling in need of repair and maintenance,including exterior walls,interior walls, electrical system,doors,windows,and other areas throughout dwelling. 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: Packet Page -551- 1** OR 4846 PG 1983 *** 4/26/2016 16.A.11. 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(1)through(20),and Section 22-242. B. Respondent must abate the violation by obtaining all required Collier County Demolition Permits, inspections,and Certificate of Completion on or before October 12,2012 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 $112.82 on or before November 5,2012. E. Respondent shall notify the C. B '. 1 y •r,Danny Condomina,within 24 hours of abatement or compliance( l . final inspectio•• t�b� •erformed to confirm compliance. L � DONE AND ORDERED this b ita,drittlE111 201 at t oilier County,Florida. (10 + l t R a : i ODE ENFORCEMENT SP 7 r ; TE 0F.T ••■ !►'V ale / 47177• C.G TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax# (239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. Stack or FLA1DA • r t`Y—r, ,. 'loamy of COLDER ; • a>' 1 cc: Respondent(s)—Jack Floyd and Muriel Floyd UkAS yr. Collier Co.Code Enforcement Dept. I HEREBY CERTIFY.7. T•thfi ls•a'th1,1 -orrect cony of 8 do � p;,fiie lrt• . Board Minutes=and5104,•<<• of CQtller County S • 'el ae i_this aay Of r �^ !WIGHT E. BROC'1c,CC£g CQURT$ -Aga APARPerrp•-...sw Packet Page -552-