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Agenda 11/15/2016 Item #16A23 16.A.23 11/15/2016 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $158,656.43 for payment of $450 in the code enforcement action entitled Board of County Commissioners v. Rebecca Roach, Code Enforcement Board Case No. CEPM20150015224 relating to property located at 4161 Golden Gate Parkway,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 $158,656.43 for payment of $450 in relation to the Code Enforcement Board Case No. CEPM20150015224. CONSIDERATIONS: As a result of a code violation at 4161 Golden Gate Parkway, consisting of an occupied dwelling with no water service, no electricity, and a broken window on Unit #4. The Code Enforcement Board ordered the imposition of a lien against Rebecca Roach, in Case No. CEPM20150015224. The lien was recorded in the Official Records on December 22, 2015, at O.R. Book 5226, Page 558. The lien amount of$158,656.43 is based on 26 days of accrued fines, for order item B, ($500 per day from August 22, 2015 through September 16, 2015), and 287 days for order item C, ($500 per day from August 22, 2015 through June 3, 2016), plus operational and boarding costs in the amount of$2,156.43 ($1,925.85 in boarding costs and $230.58 in operational costs) which the owner previously paid. The property was brought into compliance on June 3, 2016. The property was acquired by Alexander Oppliger as Trustee of the 4161 Golden Gate Pkwy Trust, via Certificate of Title recorded on May 16,2016. -- 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 within 30 days. After purchasing the property, Mr. Oppliger with the assistance of Premier Property Management diligently worked to get the property into compliance within 30 days of purchase. There are currently no known violations. FISCAL IMPACT: Payment of$450 in settlement of fines has been made, representing $450 in fines; the owner had previously paid operational and boarding costs in the amount of$2,156.43 ($1,925.85 in boarding costs and $230.58 in operational costs). If approved by the Board, accrued fines in the amount of$156,050 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$156,050, accept payment in the amount of$450, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio,Director, Code Enforcement Division, Growth Management Department Packet Pg. 541 16.A.23 11/15/2016 ATTACHMENT(S) 1.Release and Satisfaction-KN signed(4) (PDF) 2. Lien Order (PDF) Packet Pg.i 542 16.A:23 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.23 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $158,656.43 For Payment Of $450 in the code enforcement action entitled Board of County Commissioners v. Rebecca Roach, Code Enforcement Board Case No. CEPM20150015224 relating to property located at 4161 Golden Gate Parkway,Collier County,Florida. Meeting Date: 11/15/2016 Prepared by: Title:Administrative Assistant—Code Enforcement Name:Nancy CardinaleLower 10/10/2016 2:35 PM Submitted by: Title: Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 10/10/2016 2:35 PM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 10/11/2016 9:34 AM Code Enforcement Marlene Serrano Additional Reviewer Completed 10/12/2016 10:13 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 4:44 PM Growth Management Department James French Additional Reviewer Completed 10/13/2016 5:27 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 3:59 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/28/2016 1:42 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2016 2:23 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/28/2016 3:09 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:42 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:57 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM Packet Pg.543 16.A.23.a 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 0 OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: . Rebecca Roach, Respondent The lien was recorded on December 22, 2015, in Official Records Book 5226, Page 558, in the 01. Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty six thousand five hundred dollars ($156,500), 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. ,o ATTEST BOARD OF COUNTY COMMISSIONERS co) DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c CO 0) By: By: Deputy Clerk Donna Fiala, Chairman a.: Date: Date: E Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 544 INSTR 5209229 OR 5226 PG 558 RECORDED 12/22/2015 8:58 AM PAGES 3 16.A:23tb�` DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20150015224 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. REBECCA ROACH, a, Respondent. .s / o ORDE 1 G1 • S'ECIAL i s ►' • TEmripr ?� / 'OSIN FINES/L 14„._ THIS THIS CAUSE came bef re e S.-cial 4_4:s ate fo?'public eari ig upon the Petitioner's Motion re° for Imposition of Fines/Liens D, e i . I :1• 7 ag strate, having heard argument respective to all appropriate att., , !.ere p4n a ss • • . i'+i #s 3f Fact and Order of the Specialco Magistrate,as follows: ( * ''. � Ig CNI \‘'‘-:;.",, FINDINGS OF T r ,;�. m F. \-9 r 1. On August 7,2015,Respon Tit", found guilty of tiip of Collier County Code of Laws and Ordinances,Chapter 22,A ui,ltr ,(11),and(12Xi)for an occupied °' dwelling with no water service,no _ en window on Unit#4,which violation occurred on the property located at 4161 Golden Gate Pkwy, Naples,FL,Folio#35641440007 (Legal Description:GOLDEN GATE UNIT 1 BLK 6 LOT 18+W 63FT OF LOT 17). ce .EE 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 21,2015,or a fine of$500.00 per day would be assessed for each day the ct violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5185,PG 2279). 3. Operational costs of$115.48 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 2007-44,as amended,has been timely filed. 6. The violation has been partially abated as of September 16,2015. Packet Pg.545 OR 5226 PG 559 16.A23,b 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. B. Part B of the Order.Daily fines of$500.00 per day are assessed against Respondent for 26 days for the period from August 22,2015 to September 16,2015,for a total amount of fines of $13,000.00. C. Part C of the Order:Daily fines of$500.00 per day are assessed against Respondent for 105 days for the period from August 22,2015 to December 4,2015,for a total amount of fines of $52,500.00. D. Respondent shall pay the previously assessed operational costs of$115.48. J 46 E. Respondent shall pay operational c ei -" .ohearing of Fines in the amount of L $]15.]0. ;� ._-- ;, ,ti\ F. Respondent shall pay the b,6ardr g costs incurred by the( b nty'in the amount of$1,925.85 as G. Respondent is ordered pay fines and . 1, the to .1 amou t of$67,656.43 or be subject to 0 CL Notice of Assessment Li: ._a +,.- arpr••~'',1 o ., tes ondent in Collier County, Florida. 1 it I ' r.- H. The daily fine of$500.0 s 11 continue to accrue til aliatericirWitas been confirmed by a L. Collier County Code En ent Investigator. _ �1 i; .- ... ... .. . *** OR 5226 PG 560 *** 16A21:b-.- S C) "Zi 4- o .--, ---... •-•-'''\V,R. L.0(.,....-•., cu -/\:\--'.-----'.------.---"Ai - > / --, N \ \ 0 co , I 01 1 ....•••'''-' r If 7•-,,, ,,,,s, k--7 7\ \ Et 0, tra V" Cs1 s— \\\ \\\ -1, 'ti...;1,,...' i ./• 0/ _ , .,.. 0 T. 0 c (1) N ?I-IE ciloSi " Zi --.. c 42) E ..c e co = < bate(A rail ICld County of COWER I HEREBY CE67:iilf.Y.TV.14.T.thfs is a true and correct cogglef::‘dorxment. nr::*jp Board Mit & ccrds ofoilipr County 4 E.,60.. ificliotgailj.5. opT-1,6 • • ' . ".14..4 DW:HT*BE,OCK.'..i.ERK4F COU-TS o •• ,- ,,,,,.4 . 4,4' •` ..'-,.g- 0- ,--,.. ..., , I Packet Pg' '5 - 47, ..- INSTR 5161422 OR 5185 PG 2279 RECORDED 8/18/2015 10:18 AM PAGES 3 16.A.23.b DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20150015224 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. REBECCA ROACH, Respondent, / C) J ORDER OF THE..SJaEGIAL MAGISTRATE o THIS CAUSE came on for ` �~ y plrti�l i ring�e&ore ` cial Magistrate on August 7, 2015, and co the Special Magistrate, having h ; timony under oath,'^r\ceied evidence and heard argument respective to all appropriate ma#'ers,,fi upon,issues her Finditis of Fact and Order of the Special F Magistrate,as follows: \ c a j` II ^ o If—IN ter' /, r ( e Itc 1, i\./ �.,.,-rte,.. ^� ., �..�_ ,n i N 1. Respondent,Rebecca I4c is the owner of the�sijectlproierlj(. \ ,\\ r / i,.,7 'a 2. Respondent was notified bf f he ate of hearing by ce�dc,¢t l and posting and the Special 0 Magistrate has jurisdiction b1 9s`.tnattter. q , , c 4-'., ._,... ., - ..;4< ; J 3. Respondent,having been duly noti .. £ par at the public hearing. C 4. The real property located at 4161 Golden Gate Parkway,Naples,Florida,Folio#35641440007 E (Legal Description:GOLDEN GATE UNIT 1 BLK 6 LOT 18+W 63FT OF LOT 17),is in 2 violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22- Q 231 (2),22-231(11)and 22-231(12)(i),in the following particulars: Occupied dwelling with no water service,no electricity,and a broken window on Unit#4. 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.07-44,as amended,it is hereby ORDERED: Packet Pg 548 on 5185 PG 2280 16.A. .by; A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-231 (2),22-231(1.1)and 22-231(12)(i). 13. Respondent must abate the violation by: 1.Restoring water to the property with an active account with Florida Governmental Utility Authority or vacate the property until an active account with Florida Governmental Utility Authority is obtained and water has been restored to the property AND 2.By restoring electricity to the property with an active account with Florida Power and Light or vacate the property until an active account with Florida Power and Light is obtained and electricity has been restored to the property on or before August 21,2015,a fine of$500.00 per day will be imposed for each day the violation remains thereafter. C. Respondent must further abate the violation by obtaining all required Collier County building permits,OR a demolition permit,inspections,and certificate of completion/occupancy for all -E- repairs needed to bring the property into compliance with the requirements of the Collier County °) Property Maintenance Code and the Florida Building Code on or before August 21,2015 or a c fine of$500.00 per day will be imposeOlor-earl► a„y the violation remains thereafter. D. Alternatively,if a boardingc o tained`kn , .E cture is boarded on or before as August 14,2015,then the ' .i wired to complete th =•:i inspections,and Certificate of Completion/Occupancy vtfll b o and must be c. pledby February 7,2016 or a u fine of$500.00 per dayjf�vill be i`l or,eacY the vi•atio1►remains thereafter. o j l \ E. In the event Respondeat fai .t• • F pl it � h 'a er, lI buildings on this property o; are ordered to be vacate aI, a ej.0 .. u , 1 e si-tan of the Collier County Sheriffsco office to effectuate this .•;urr •s. ;ca -. . 's • . o v. lj r main in effect until such time =- that the water and electr . have been restored to;ra prdpe 'with active accounts to Florida m Governmental Utility Au g and Florida Powef Iii „(`')/ 12 \r' -IX .LI 0 F. In the event Respondent fails c ' 1 with the entire o�€ is Order,the Collier County Code w Enforcement Department may P' a v fi 'iolation using any method to bring the Zi violation into compliance. If necessary;- �ay request the services of the Collier c County Sheriff's Office for the purpose of accessing the property for abatement. All costs of m abatement shall be assessed against the property. s 0 Ig G. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of Q $115.48 on or before September 7,2015. H. Respondent shall notify the Code Enforcement Investigator,John Connetta,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 'qday ofC1 . ,2015 at Collier County,Florida. State of Florida County of COLLIER k- COLLIER COUNTY CODE ENFORCEMENT I HERE$1'CERTIFY THAT;this is a true and SPECIAL MAGISTRATE correct Copy of aldf5f,iitn.ent or file in Board`Minutes ard1 tds ot Collier County i f SSmyh d an4.�eff.lc'l seal this darof '••.:?3 .� Gov y 7 ,,` , DWIGHT E'-1 ROOKAERK OF COURTSq '.' 'A C.G• 'el SON Packet Pg.549 *** OR 5185 PG 2281 *** 6.A.23,b "•••\ PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples,FL 34104,phone#(239)252- 2440, or 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 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(s)—Rebecca Roach Collier Co.Code Enforcement Division m r'! � , o 1/4tk-- r"") t `t 1 r r / 'a E ca Packet Pg.550