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Agenda 07/12/2016 Item #16A17 7/12/2016 16.A.17. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $560,203.75 for payment of $4,703.75 in the code enforcement action entitled Board of County Commissioners v. Granada Lakes Villas Condominium Association, Inc., Code Enforcement Board Case No. CEPM20130002733 relating to property located at 116 Santa Clara Drive, #8, 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$560,203.75 for payment of$4,703.75 in relation to the Code Enforcement Board Case No. CEPM20130002733. CONSIDERATIONS: As a result of a code violation at 116 Santa Clara Drive, #8, consisting of a vacant unsecured structure with torn/missing screens, what appears to be mold, missing half of a sliding glass door and broken windows, failing to receive inspections and a Certificate of Occupancy/Completion. The Code Enforcement Board ordered the imposition of a lien against Deutsche Bank National Trust Co., in Case No. CEPM20130002733. The lien was recorded in the Official Records on December 10, 2013, at O.R. Book 4990, Page 2908. The lien amount of $560,203.75 is based on a total of 2,226 days of accrued fines (at $250 per day from May 18, 2013 through April 17, 2016) plus $112.38 in operational costs and $3,591.37 in abatement costs. The property was brought into compliance on April 27, 2016. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The property is being actively maintained and the owner has paid $4,703.75 in settlement of fines. The owner is requesting a waiver of$555,500 in accrued fines, see attached hardship letter as required. FISCAL IMPACT: Payment of $4,703.75 has been made, representing $1,000 in fines and $112.38 in operational costs and $3,591.37 in abatement costs. If approved by the Board, accrued fines in the amount of$555,500 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 $555,500, accept payment amount of$4,703.75, 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-01141/1261809/1] Packet Page -370- 7/12/2016 16.A.17. Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management Department Attachments: 1)Release and Satisfaction of Lien 2) Lien Order 3)Hardship letter [16-CED-01141/1261809/1] Packet Page -371- 7/12/2016 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$560,203.75 for payment of$4,703.75 in the code enforcement action entitled Board of County Commissioners v. Granada Lakes Villas Condominium Association, Inc., Code Enforcement Board Case No. CEPM20130002733 relating to property located at 116 Santa Clara Drive, #8, Collier County, Florida. Meeting Date: 7/12/2016 Prepared By Name: BuchillonHelen Title: Customer Service Specialist, Code Enforcement 6/7/2016 3:18:09 PM Approved By Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 6/7/2016 4:09:22 PM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 6/7/2016 4:16:48 PM Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 6/7/2016 4:27:34 PM Name: OssorioMichael Title: Division Director-Code Enforcement, Code Enforcement Date: 6/8/2016 11:23:51 AM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 6/16/2016 2:38:35 PM Name:NoellKevin Packet Page -372- 7/12/2016 16.A.17. Title: Assistant County Attorney, CAO General Services Date: 6/17/2016 4:32:24 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 6/24/2016 1:52:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2016 2:22:43 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 6/30/2016 5:23:44 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 7/1/2016 5:04:49 PM Packet Page-373- 7/12/2016 16.A.17. 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: Deutsche Bank Natl Trust Co., Respondent The lien was recorded on December 10, 2013, in Official Records Book 4990, Page 2908, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five hundred and sixty thousand two hundred three and seventy five cents ($560,203.75), 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 Packet Page -374- INSTR 4922144 OR 4990 PG 2908 RECORDED 12/10/2013 9:06 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 7/12/2016 16.A.17. REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20130002733 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, • Petitioner, vs. DEUTSCHE BANK NATL TRUST CO., Respondent. / ORDER O�,. , .CR D yGISTRATE Imo`:7,33 gsawi..,NlrL THIS CAUSE came h- ore - .- 'al Magistrate for, public hearing upon the Petitioner's Motion for Imposition of Fine ie,s o,. ., .ern• , 113, an• thepecial Magistrate, having heard argument respective to all apurop is tt- •-.. e • ..• i. - ' Findings of Fact and Order of the Special Magistrate,as follows (:IØ FA y 1. On May 3,2013,Respo, , was found guilty o`-4-at o .4 •llier County Code of Laws and Ordinances,Chapter 22, - -to.4I,Section 22-231 ( - 4► 31 (12)(1),22-231 (12)(p),22- 231(19),22-242,and 22-2,' .r a vacant unse -1 • cture with torn/missing screens, what appears to be mold,miqi . a: i•._ ut$ •.or and broken windows,which violation occurred on the property �•t . ... . Clara Drive,Unit 8,Naples, FL, Folio #46573000782(Legal Description: GRANADA LAKES VILLAS CONDOMINIUM BLDG 116-08). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 17,2013, 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 4922, PG 607). 3. Operational costs of$112.38 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 Iegal 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 partially abated as of July 30,2013. Packet Page-375- OR 4990 PG 2909 7/12/2016 16.A.17. 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. Part B of the Order:Daily fines of$250.00 per day are assessed against Respondent for 182 days for the period from May 18,2013 to November 15,2013,for a total amount of fines of $45,500.00. C. Part D of the Order:Daily fines of$250.00 per day are assessed against Respondent for 182 days for the period from May 18,2013 to November 15,2013, for a total amount of fines of $45,500.00. D. Part E of the Order:Daily fines of$250.00 per day are assessed against Respondent for 74 days for the period from May 18,2013 to July 30,2013,for a total amount of fines of$18,500.00. E. Respondent shall pay the previously assessed operational costs of$112.38. F. Respondent shall pay the mold re-• •' c —d by the county in the amount of $2,045.37. 0 i G. Respondent shall pay th- •oar• • • incurred by the c un in the amount of$1,546.00. H. Respondent is ordered o p.y •- a •k is • • - t• • • •• nt • 5113,203.75 or be subject to Notice of Assessment •f L n :g." st I r, , s ,, , .4Ty Respondent in Collier County, Florida. J r .r�__• l I. The daily fine of$250.1 t •11 continue to accrue til a 'ateme""`t has been confirmed by a Collier County Code Enforcem; c vestigator. DONE AND ORDERED this 1 Q_C►.,. t I. 1 at Collier County,Florida. 4r-ktL OUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 0 41 --S1616 '' NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Ccllier 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. T\. Packet Page -376- **I OR 4990 PG 2910 *** 7/12/2016 16.A.17. v-W,R COi, cpC. 7-11 State of Florida County of COLLIER I HEREBY CERTIPT.TY141his is a triJe arid7. correct copy cf a d'Ocu'Entirion file in Board Minutes and4.2ecordS of cAllieit Courtly WITNESS my hand 'TIc:1•Official Seat 144A-day .ttz•- _ • Packet Page-377- _DWIGHT E.BirCK,CLERK OF COLfitTS2.,,, 7/12/2016 16.A.17. GRANADA LAKES VILLAS CONDOMINIUM ASSOCIATION, INC. May 6,2016 Board of County Commissioners C/O Collier County Code Enforcement 2800 N Horseshoe Drive Naples, FL 34104 RE: CEPM 20130002733 116 Santa Clara Dr, Unit 8 Folio: 46573000782 Dear Commissioners: Granada Lakes Villas Condominium Association, Inc. owns the subject condominium unit and has abated the violations that caused the enforcement action. We would like to pay at this time the direct enforcement costs of $3,703.75 and further ask the Commissioners to reduce the outstanding fines to $1,000.00. The issues surrounding this case are similar to other cases from the aftermath of the recession with owners and banks abandoning their properties. Granada Lakes Villas Condominium Association, Inc. received a Certificate of Title to the condominium unit from the Clerk of Court as the result of a lien foreclosure from unpaid condominium assessments in 2012. In April 2013 the Association signed a Quit Claim Deed giving title to the unit to the mortgage holder, Deutsche Bank. The enforcement action initially started in May 2013 and subsequently was imposed against the mortgage holder, Deutsche Bank, on the unit in November 2013. Deutsche Bank refused to take action to make the necessary repairs to the unit to abate the code issues. In July 2014 Deutsche Bank refused to accept title to the unit and gave it back to the Association. Finally in November 2015 Deutsche Bank released their mortgage on the unit with the Association now owning the unit free and clear. The Association was then able to complete the repairs and have the code enforcement action closed. I have enclosed copies of the various documents for your review. The Association continues to face severe financial hardships due to the majority of condominium units within the community going through foreclosure and the associated deficit in owner assessments received. We would like to resolve the Code Enforcement issues with this unit and pay the proposed amount above, which will then give us the ability to sell the unit and recover a portion of the lost assessments from this unit. Unfortunately, the condition of the unit itself reflects its history and it needs to be fully renovated. However, upon a Buyer purchasing the unit and renovating it, the unit will once again be a nice home. Please consider and approve our offer of$4,703.75 to fully settle this Code Enforcement case. Sincerely, Frank Cooper, President 145 SANTA CLARA DR NAPLES, FL 34104 (239) 206-2678 prang-,.,,,"'---ffi ,,c;A--" corn Packet Page-378--