Agenda 04/26/2016 Item #16A12 4/26/2016 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$150,127.50 for payment of $577.50, in the code enforcement action entitled Board of County
Commissioners v. C Walt, Inc. Asset-Backed CT, Code Enforcement Board Case No.
CESD20140007746,relating to property located at 5681 Dogwood Way,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$150,127.50, for payment of$577.50, in relation
to the Code Enforcement Board Case No. CESD20140007746.
CONSIDERATIONS: As a result of code violations at 5681 Dogwood Way, consisting of a
tiki hut, garage conversion/alteration and a chain link fence without obtaining Collier County
Building Permits, the Code Enforcement Board ordered the imposition of a lien against C Walt,
Inc. Asset-Backed CT, in Case No. CESD20140007746. The lien was recorded in the Official
Records on December 8, 2014, at O.R. Book 5101, Page 2694, and it encumbers all real and
personal property owned by C Walt, Inc. Asset-Backed CT. The lien amount of$150,127.50 is
based on 500 days of accrued fines ($300 per day from October 26, 2014 through March 8,
2016),plus operational costs of$127.50. The property was brought into compliance on March 8,
2016.
The property was acquired by 5681 Dogwood way, LLC, via a special warranty deed which was
recorded on December 19, 2014. The property was purchased by the new owner with the
established code violations. The property was brought into compliance on March 8, 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 owner has paid $577.50 in
settlement. The new owner is requesting a waiver of $149,550 in accrued fines, see attached
hardship letter as required.
FISCAL IMPACT: Payment of$577.50 has been made and if approved by the Board, accrued
fines in the amount of$149,550 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$149,550.00, accept settlement
payment amount of $577.50, 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-01110/1244749/1]
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4/26/2016 16.A.12.
Prepared by: Michael Ossorio, Dirextor, Code Enforcement Division, Growth Management
Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
[16-CED-01110/1244749/1]
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4/26/2016 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$150,127.50 for payment of$577.50, in the code enforcement action
entitled Board of County Commissioners v. C Walt, Inc. Asset-Backed CT, Code Enforcement
Board Case No. CESD20140007746, relating to property located at 5681 Dogwood Way, Collier
County, Florida.
Meeting Date: 4/26/2016
Prepared By
Name: BuchillonHelen
Title: VALUE MISSING
3/17/2016 4:13:18 PM
Approved By
Name: Burgoslliana
Title: Supervisor-Operations, Code Enforcement
Date: 3/21/2016 11:52:37 AM
Name: OssorioMichael
Title:Division Director-Code Enforcement, Code Enforcement
Date: 3/22/2016 8:38:16 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 3/22/2016 3:48:34 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/22/2016 4:01:48 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/24/2016 11:19:26 AM
Name: KlatzkowJeff
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4/26/2016 16.A.12.
Title: County Attorney,
Date: 3/31/2016 4:40:59 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 4/7/2016 2:38:08 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 9:44:14 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 9:52:59 AM
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4/26/2016 16.A.12.
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:
C Walt, Inc. Asset-Backed CT,
Respondent
The lien was recorded on December 8, 2014, in Official Records Book 5101, Page 2694, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eight
thousand two hundred twenty-seven dollars and fifty cents ($8,227.50), 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
.<1/4 //1
Kevin Noell
Assistant County Attorney
CESD20140007746
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,INSTR 5060322 OR 5101 PG 2694 RECORDED 12/8/2014 4:03 PM PAGES 2 4/26/2016 16.A.12.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No.—CESD-20140007746
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
•
vs.
CWALT INC ASSET-BACKED CT,
Respondent.
/
s
O: IER a : . gP:;)3+!•■A
i . r1_ 'e_NTBOARD
c'
4ii .7'ZIANILI DOM,r.
Li
THIS CAUSE came before e C •- ent Board upon t' Pet 'oner's Motion for Imposition
Fines/Liens on November 21,2014 and e r :- forcemen :o •,haw _h d argument respective to all
appropriate matters,hereupon issu•s its i '•• • fo ement Board,as follows:ior
'Lip ► v;..i
n t.1 .._ ` H
1. On September 25,2014, ' ••ndent was found guil j viol: ion . l' tier County Land Development
Code,Section 04-41,as a i' ,Section 10.02.06(B >';.) : d I. ' lorida Building Code Chapter 1,
Part 1,Section 105.1.1 for h• i''1_ tiki hut on the prop �* ' , ier County Building Permits,
Conversions/alterations were , • , the garage without rut g Collier County Building Permits.
Permit#2003022259 for a chain '� � ever receiv-• i fr .to of Occupancy,which violation(s)
occurred on the property located at •. El; , f� •� ,FL,Folio#38341320000(Legal
Description: GOLDEN GATE EST -4-.01 ,-401;..` 180FT OF TR 108)
2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or
before October 25,2014,or a fine of$300.00 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 5086,PG 2269).
3. Operational costs of$65.01 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.
6. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been timely filed.
7. The violation has not been abated as of the date of the hearing.
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.
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. *** OR 5101 PG 2695 *** 4/26/2016 16.A.12.
B. Daily fines of$300.00 per day are assessed against the Respondent for 27 days for the period from October
26,2014 to November 21,2014 for a total amount of fines of$8100.00.
C. Respondent shall pay the previously assessed operational costs of$65.01.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of$62.49.
E. Respondent is ordered to pay fines and costs in the total amount of$8,227.50 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
F. The daily fine of$300.00 shall continue to accrue until abatement has been confirmed by a Collier County
Code Enforcement Investigator.
DONE AND ORDERED this a day of!c�1, ,2014 at Collier County,Florida.
Ai;Do `:CMENTBOA'-`
r
112;111.—
° ' fir ,
STATE OF FLORIDA ) S;�'r � �-5'. a 've
SS: T'r �0',1 /.ti
COUNTY OF COLLIER)
Ko r
The foregoing instrument was ac• Q l 00-1,A,,,t,' , 'a hl'
2014,b obert Kaufman,Chair o tlit ode Enforcement Bo, of Co 'i'�'i Florida,who is
personally known to me or who has produced: F , 1 • ,. en as identification.
• O eh* ' ...-twil.A ..,..-----
O� •OTAR . •r �'�y KAREN G BAILEY
{It i i , P.ires: ' MY COMMISSION ft EE875121
' EXPIRES February 14,2017
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be p:IttlithV rnuiertariefrys."e°oan
Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,Phone:(239)252-2440,Website:
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 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 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 Board's
Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail C.Walt,Inc.
Asset-Backed Ct., 1661 Worthington Rd.,#100,West Pal4 Beach,FL 33409 this ... day of .2014.
State of Flonaa
County of COLLIER • . —__
I,HE EBY`-CERT�FY THAT this is a true and 'te?��e 968 squ rr e�• :ar No.968900
ceP4ct'cbpy Cf a document on file in Attorney for the Code Enforcement Board•;Fro9rd P,rnutes' nd.RRcords of Caner County
• 681 Goodlette Road N.,Ste.210
' gt :∎ESS'm, d'aN official seal this
�',• y 'O Lr c:3-01'1 Naples,Florida 34012
`= `l�`•day,of (239)261-6909
4 . 13f�QCKCLERK OF COURTS
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INSTR 5042214 OR 5086 PG 2269 RECORDED 10/20/2014 8:09 AM PAGES 2 4/26/2016 16.A.12.
DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No.—CESD20140007746
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
C.WALT,INC.ASSET-BACKED CT.,
Respondent.
•RD_ I OF...u� 4 �. !_ !Nu NT BO 'D
THIS CAUSE came on for p • '• 'ng before the Code ' • ent Board on September 25,2014,and
the Code Enforcement Board,havi : -• under oath,recei, • e dence and heard argument respective
to all appropriate matters, hereu•• •u - - • dm: . - c and it •er • the Code Enforcement Board, as
follows:
I. Respondent,C.WALT, ` , 'l k:_
y
4411 subject property.
2. Respondent was n o t i f i e d • +' date of hearing by cert '1-• it . . .• in and the Code Enforcement
Board has jurisdiction of '
iagik ir. er.
3. Respondent,having been duly • •, •'• not appear: • • • c hearing.
T • C
4. The real property located at 5681 Do: •_' c a no‘.•*s-, lorida,Folio#38341320000(Legal
Description:GOLDEN GATE EST UNIT 33 E75FT OF WI8OFT OF TR 108),is in violation of Collier
County Land Development Code 04-41,as amended,Section 10.02.06(B)(1XA)and 2010 Florida Building
Code Chapter 1,part I,Section 105.1, in the following particulars:
Tiki Hut on Property with no Collier County Building Permits,Conversions/alterations made to garage
without first obtaining Collier County Building Permits. Permit#2003022259 for a chain link fence
never received a Certificate of Completion/Occupancy.
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.2007-44,as amended,it is hereby ORDERED:
A. Respondent is found guilty of violating Collier County Land Development Code 04-41,as amended,
Section 10.02.06(B)(1)(A)and 2010 Florida Building Code,Chapter 1,part 1,Section 105.1.
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permit,inspections and Certificate of Completion/Occupancy on or before October 25,2014
or a fine of$300.00 per day will be imposed for each day the violation remains thereafter.
1
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' *** on 5086 PG 2270 *** 4/26/2016 16.A.12.
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 565.01 on
or before October 25,2014.
E. Respondent shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this 1 9) day of triliatg(,X014 at Collier County,Florida.
CODE ENFORCEMENT BOARD
ER Cs TY,FLORIDA
/,4
STATE OF FLORIDA ) ,ff,,-�zirim ,.e Drive
„..1M7 214/ :F-Sr.104
)SS: �ti
'�
COUNTY OF COLLIER) V
The fore oing instrument was ac■ .w1-.ge•-: me 1 •r ..y o is, 2 r
2014 y Robert Kaufman,Chair ■f th-C•• 'nf.. -• •. • 4...1', • ty,Florida,who is
personally known tome • d`' T
h. ,,. j nse as identification.
,,mot,!!_► Mils. _,,f .. •. KAREN G BAILEY
N e AR' t : 11 COMMISSION
a EE875121
r�+> > • ,'•• _:',:i.: EXPIRES February 14,2017
My corn • xp, ., '1« vice oo.�•
�� • µ0t)396+1153 Florid
PAYMENT OF FINES; Any fines 1 i • to be paid pursuant tt • •er may be paid at the Collier County
Code Enforcement Department,2800 . 1:• oe Drive, . 34104,Phone:(239)252-2440,Website:
www.colliergov.net. Any release of lien o o i,.,• • . or confirmation of the satisfaction of the
obligations of this Order may also be obtained a .'*7-`1.•. .�
APPEAL: 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 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 Board's
Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent U.S.Mail to C.Walt,
Inc.Asset-Backed Ct., 1661 Worthington Rd.,#100,West Palm Beach,FL 33409 this 15 day of ,G
2014.
State of t-tonea
County of COLLIER . L
I HERESY C �tTIFY THAT this is a true and T. . Lynne Nicola,Esquire
'' r Florida Bar No.968900
cone 'Ainute;ar[1QCUment on file in Attorney for the Code Enforcement Board
Bortd(dinutes ah4 f'i?ecords of Collier County 681 Goodlette Road N.,Ste.210
01 S mi ham ' r�Cloff ial seal this Naples,Florida 34012
'� dy'of, �� (239)261-6909
J
WIGHT• $RaCK,CLERK OF COURT
2
.C.
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4/26/2016 16.A.12.
March 8, 2016
Growth Management Division
Collier County Code Enforcement
2800 N. Horseshoe Dr.
Naples, FL 34104
RE: Abatement of Fines
CESD-20140007746
This letter is in regards to the property located at 5681 Dogwood Way, Naples(case
number CESD-21040007746) in an effort to receive abatement for the current
outstanding code fines.
When the property was purchased, we were aware that the property contained the code
violations from the previous owner(REO). The hard costs were paid by the Seller, but
the fines were accruing. All violations have been rectified.
Please note that we did everything in our power to have the Seller correct the issues
and pay the hard costs before closing. We did not have the time, nor choice to abate
the fines before closing. We are only asking that the outstanding fines be abated.
There are no h co s incurred by the County that have not been paid.
Thank you nil I to forward to hearing from you shortly,
Gary Hairs
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