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Agenda 01/10/2017 Item #16A 2 16A2 01/10/2017 EXECUTIVE SUMMARY Recommendation to approve the release of three code enforcement liens with an accrued value of $161,015.18 for payment in the amount of$6,565.18 in the code enforcement actions entitled the Board of County Commissioners v. Katherine Sheffield. Code Enforcement Board Case Nos. CEV20100006169, CENA20100006172 and CEPM20100008671 relating to property located at 660 29th Street SW,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three code enforcement liens with an accrued value of $161,015.18 for payment in the amount of $6,565.18 in relation to Code Enforcement Board Case Nos. CEV20100006169, CENA20100006172 and CEPM20100008671. CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Katherine Sheffield, in Case No. CEV20100006169 for code violations at 660 29th Street SW, consisting of several unlicensed and inoperable vehicles and trailers. The lien was recorded in the Official Records on February 1, 2011, at O.R. Book 4647, Page 2986. The lien amount of $103,562.20 is based on 2,069 days of accrued fines ($50 per day from December 7, 2010, through August 5, 2016) $103,450 plus operational costs in the amount of$112.20. The property was brought into compliance on August 5, 2016. The Code Enforcement Board ordered the imposition of a second lien against Katherine Sheffield,in Case No. CENA20100006172 for code violations at 660 29th Street SW, litter consisting of but not limited to: metals, wood, plastics, household trash, rusted broken bicycles, old car parts and tires throughout the property. The lien was recorded in the Official Records on June 21, 2011, at O.R. Book 4694, Page 360. The lien amount of$15,559.20 is based on 112 days of accrued fines ($100 per day from December 11, 2010, through April 1, 2011) $11,200 plus abatement costs of$4,247 and operational costs in the amount of$112.20. The property was brought into compliance on April 1,2011. The Code Enforcement Board ordered the imposition of a third lien against Katherine Sheffield, in Case No. CEPM20100008671 for code violations at 660 29th Street SW, consisting of GIS Property Appraiser Satellite imagery from the years 2005 to 2010 showing the pool on this property has become stagnant, polluted and unsightly. The lien was recorded in the Official Records on June 21, 2011, at O.R. Book 4694, Page 374. The lien amount of$41,893.78 is based on 161 days of accrued fines ($250 per day from October 23, 2010, through April 1, 2011) $40,250 plus abatement costs of $1,531.40 and operational costs in the amount of$112.38. The property was brought into compliance on April 1,2011. The property was acquired by The Housing League, Inc., via Special Warranty Deed recorded on September 8,2016. Pursuant to Resolution No. 2012-46, a request for a waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved within thirty days. There are currently no known violations. FISCAL IMPACT: Payment of$6,565.18 in settlement of fines has been made, representing $450 in fines, abatement costs of$5,778.40 and operational costs in the amount of$336.78. If approved by the Board, accrued fines in the amount of$154,450 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Pg.276 16:A.2 01/10/2017 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$154,450, accept payment in the amount of$6,565.18, 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 ATTACHMENT(S) 1. Lien Orders (PDF) 2. Satisfactions and Releases -KN signed(1) (PDF) Packet Pg.277 16.A.2 01/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Item Summary: Recommendation to approve the release of three code enforcement liens with an accrued value of$161,015.18 for payment in the amount of$6,565.18 in the code enforcement actions entitled the Board of County Commissioners v. Katherine Sheffield. Code Enforcement Board Case Nos. CEV20100006169, CENA20100006172 and CEPM20100008671 relating to property located at 660 29th Street SW, Collier County,Florida. Meeting Date: 01/10/2017 Prepared by: Title: Administrative Assistant—Code Enforcement Name: Nancy CardinaleLower 11/16/2016 7:56 AM Submitted by: Title: Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 11/16/2016 7:56 AM Approved By: Review: Code Enforcement Marlene Serrano Additional Reviewer Completed 11/16/2016 2:43 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/16/2016 3:16 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 11/16/2016 3:27 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/16/2016 4:34 PM Growth Management Department James French Additional Reviewer Completed 11/16/2016 6:51 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 12/21/2016 4:26 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/21/2016 4:47 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 8:43 AM Budget and Management Office Mark lsackson Additional Reviewer Completed 12/22/2016 10:02 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 11:20 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM Packet Pg. 278 INSTR 4521580 OR 4647 PG 2986 RECORDED 2/1/2011 9:53 AM PAGES 2 16.A.2.a DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV—2010-0006169 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. KATHERINE SHEFFIELD, a) *C3 o a) u) ,_CO r a) ORDE 4' it'trgi5ECIAF TRATE w t •OSING FINES/L .. -a 1) THIS CAUSE came efor t ` ial agi . e for t ubli hearing upon the Petitioner's w Motion for Imposition of Fin s/L'e.- • J.-_.:•, --. i e S ecial Magistrate, having heard argument respective to all a ro at- v: to e • e �s in Ings of Fact and Order of the Special Magistrate,as follows r"N ( ti ..1 M FINDINGS OFCTctiN I. On December 3, 2010, R son..-nt was found guilt tion of the Collier County Land 'a Development Code 2004-41, as a 61_.., ection 2.01 r. { 1f' several unlicensed and inoperable 0 vehicles and trailers on the property,w ,rt • • the property located at 660 24`' St SW, J Naples,FL,Folio#36814240004. .. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or m before December 6, 2010, or a fine of$50.00 per day would be assessed for each day the violations E continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4635,PG 810). as w. 3. Operational costs of S112.20 incurred by the County in the prosecution of this case were ordered to Q 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 07-44 has been timely filed. 6. 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.07-44,it is hereby ORDERED: Packet Pg. 279 *** OR 4647 PG 2987 *** 16.A.2.a A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of S50.00 per day are assessed against Respondent for 39 days for the period from December 7,2010 to January 14,2011 fora total amount of fines of S1,950.00. C. Respondent shall pay the previously assessed operational costs of S112.20. D. Respondent is ordered to pay fines and costs in the total amount of 52,062.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida. E. The daily fine of S50.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. J Jail DONE AND ORDERED this II*day of &)i V 2011 at Collier County,Florida. 6 N CO �.� CQ( J COLLIER CO 41 T CODE ENFORCEMENT .d - • •4 MAGI T• •TE d ii y Go (PI 4 '*4 # V 7°4 i r) CC gis,::. 4%._— 4 ,# ' ' a) eq L : 1 N I :, C. t AI 'SON y Q.C., PAYMENT OF FINES: Any fines e = .- •, .; lg �.. t to this order may be paid at the Collier ami County Code Enforcement Department, 281: • ,. �'.• oe Drive,Naples,FL 34104, fax#(239)252- ..7i 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the c obligations of this order may also be obtained at this location. °' E APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to thelt Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a Q 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)—Katherine Sheffield Collier Co.Code Enforcement Dept. $ !d• M . . county of Coal a t • i HEREBY CERTIFY THAT ,m is i true an. :arract copy of a oocumem citify[a Board Minutes ai d Raitros ot-Colliir Coin* Awss rmr h offlsa> cliSI s "1 day of1 ,4 . DWIGHT E. BMX*, or coons IP• Packet Pg. 280 INSTR 4508295 OR 4635 PG 810 RECORDED 12/21/2010 1:06 PM PAGES 2 16.A.2.a DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV-2010-0006169 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. w KATHERINE SHEFFIELD, d Respondent. :1 / o a) ca ORDEROF TT HOfiEi1} GISTRATE tY THIS CAUSE came on forc hearing before the''Spkiai\Magistrate on December 3, 2010, .a and the Special Magistrate, hay xig h esttmpny under oath,recei?ed evidence, and heard argument d respective to all appropriate ma tersd her t i s its' n in s o P � o�� � g t�'acP�Conclusions of Law,and Order m of the Special Magistrate,as follow)it r^� , \-0 \ y 1 c\,---- c-, ?1 -z ii L D G • AC ; cna if � n _✓ �"' t may/ CM 1. Respondent,Katherine l 1 �' N Sheffield is the owner of t4s�e��ub�ect �erty. \'‘.1:4\\ ;J / m 2. Respondent was notified oirr to of hearing by certi Malt and posting and the Special "E Magistrate has jurisdiction of this mattP7,_— /"1 /' 0 f `'- c`I li - 3. Respondent,having been duly notified;di [.not-appt=ar at the public hearing. 4. The real property located at 660 29th St SW,Naples,Florida,Folio P36814240004, is in violation aa) of Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A), in the following E particulars: 13 m Several unlicensed and inoperable vehicles and trailers on property. Q 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,it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 2004-41, as amended, Section 2.01.00(A). B. Respondent must abate the violation by obtaining a current registration for the vehicles and repairing all defects so the vehicles are immediately operable,by storing the vehicles within the confines Packet Pg. 281 *** OR 4635 PG 811 *** 16.A.2.a of a completely enclosed structure or by removing vehicles from the property on or before December 6, 2010 or a fine of 550.00 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 violations.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 5112.20 on or before January 3,2011. E. Respondent shall notify the Code Enforcement Investigator, Christopher Ambach, within 24 c hours of abatement or compliance so that a final inspection may be performed to confirm compliance. m J w DONE AND ORDERED this...tlav-of;-�!et r ,2010 at Naples,Collier u) County,Florida. 77_ . m of F.t j:I't1C}1t• ' • . •'�T -- \\t m Stall r :,: Vobnty�COI:Iltll�.n r; n.. 0 ,0---,,,„,, ,„., e ! . , • TgY CODE ENFORCEMENT = d(l ! Fr,, �. ST�RATE cn ► HEREY,:CERTfFY?HA7 tti!�s'is aA but I (\ 4 j I W- N.. ;orr2ct cony of a�oocu+r .rtt on Me is t"`', ti. �.,,, r� Board kii'nutas one Recti 6t Cog* 4, t_ J . .- cr v 3ffi'Gt l s8a1 W5‘tt 1 tiv, flay of J . G, �' K ARRETSON O WIG E. EIROCA. IERK OF dli� \ t^ P U CIS PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier Q 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.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: Respondents—Katherine Sheffield Collier Co.Code Enforcement Dept. Packet Pg.282 INSTR 4577177 OR 4694 PG 360 RECORDED 6/21/2011 3:18 PM PAGES 2 16.A.2.a DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20100006172 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, Vs. N d KATHERINE SHEFFIELD, w Respondentcc 0 E 'FUER SPECIAL MAGISTRATE -a—�, / .• _ 5: IENS� THIS CAUSE came Lbefq s fhe�.p• .1 17 1.1 ,- 1 ` t blic hearing upon the Petitioner's Motion for Imposition of FineLii,+s +n 3 e '0 1 .1,• the .p ia.M 'strate,having heard argument respective to all appropriate .• - • - .r< s• s Fr. -.: - a' act and Order of the Special Magistrate,as follows: FINDINGS OF FA L., '2 1. On December 3,2010,Respon:-nt t.is,. 1Q,Akf olation of Collier County Code of Laws Chapter 54,Article VI, Section 54- �` .. . . 4-181 for litter consisting of but not limited to: metals, wood, plastics, household trash, rusted broken bicycles, old car parts, and tires throughout the property,which violation occurred on the property located at 660 29"' Street SW, Naples,FL Folio#36814240004(Legal Description:GOLDEN GATE EST UNIT 5 S 180FT OF :_ TR 62 OR 1515 PG 769) 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 10, 2010, or a fine of $100.00 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 4635,PG 834). 3. Operational costs of$112.20 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 07-44 has been timely filed. 6. The violation has been abated as of April 1,2011. Packet Pg. 283 *** OR 4694 PG 361. *** 16.A.2.a ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondent for 112 days for the period from December 11,2010 to April 1,2011 for a total amount of fines of$11,200.00. C. Respondent shall pay the previously assessed operational costs of$112.20. iiic D. Respondent shall pay the costs of abatement incurred by the county in the amount of$4,247.00. d J E. Respondent is ordered to pay fines and costs in the total amount of$15.559.20 or be subject to Notice of Assessment of Lien against al!-pry u es owned by Respondent in Collier County, w Florida. CO °1 X11 15 , ce gb DONE AND ORDERED this ,4, s of .at 044 t Collier County,Florida. .a m -,f m stsr t aril 4 , 0 N "`4��, ,''',t&',".,.. t} F • #1 13 i !1! _ R ODE ENFORCEMENT M cq 10,1;1* ,- 6,0,;1000:'•r. CAtrlgttt tett SPECI M GI^ TE cLarnI 07 0 3t1G13iq, BRO }i it+ 't�J J �. \, • ____ B r. NDA C.GARRETSON 7 i �, ....a• I 11 CIS PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Q 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-Katherine Sheffield Collier Co.Code Enforcement Dept. Packet Pg. 284 INSTR 4508307 OR 4635 PG 834 RECORDED 12/21/2010 1:06 PM PAGES 2 16.A.2.a DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA-2010-0006172 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. KATHERINE SHEFFIELD, Respondent I m ORDER Ur ' klk :E,e • ISTRATE • gid' THIS CAUSE came on r(gt1 ic hearing before the .• t. Magistrate on December 3, 2010, -� and the Special Magistrate, hay ng any under oath, cei ed evidence, and heard argument respective to all appropriate m.tte •,h •.•.i is- s its ss Wings o Fa Conclusions of Law,and Order of the Special Magistrate,as filo cs• oop. . kw. . . A r^ �4 + N 1. Respondent,Katherine Sie mid, is the owner of-. , su. ecg•erty. 0 2. Respondent was notified e •ate of hearing by ce t -• I and posting and the Special -aa` Magistrate has jurisdiction of this m {ear, 3. Respondent,having been duly noti i u. ii. .r at the hearing. —� 4. The real property located at 660 29th St SW,Naples,Florida,Folio#36814240004,is in violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 and 54-181, in the following particulars: m Litter consisting of but not limited to: metals, wood, plastics, household trash, rusted broken bicycles,old car parts and tires throughout the property. 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,it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws, Chapter 54,Article VI, Section 54-179 and 54-181. B. Respondent must abate the violation by removing all litter from the property to an appropriate Packet Pg. 285 *** oR 4635 PG 835 *** 16.A.2.a waste disposal facility or store desired items within a completely enclosed structure on or before December 10, 2010 or a fine of 5100.00 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 violations.If necessary,the County may request the services of the Collier County Sheriffs 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 5112.20 on or before January 3,2011. N C E. Respondent shall notify the Code Enforcement Investigator, Christopher Ambach, within 24 a) hours of abatement or compliance so that a final inspection may be performed to confirm compliance. c m N DONE AND ORDERED this `o r k v. `i. '" ,2010 at Naples,Collier a) ,�� m County,Florida. r , 0,---- ' s eG d . m Stam 01 Fti Otliric _ ���� to COWS , ..-- i, • e7 CODE ENFORCEMENT •:08ALy :;". .., • "I A IS RATE cor- 1 I HERE1Y CER'Tipf THAT tf .h1 a / N :arreCt coot of a aocttment on tile is \ /.'? y �nut6s anti R9COrs;Ot:� iK Board ' f>0 °' S my 0 s } \•r��. ,.1 44111, • 'a K.hV `� i L -- f O freci OiY Ot. ��j�1''�s CI.ERko cow= ;T'sti GARRETSON J �wlGlR E. t -,"egimiwerri,go .. PP E U C4 i+ Q 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.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: Respondents—Katherine Sheffield Collier Co.Code Enforcement Dept. Packet Pg. 286 INSTR 4577184 OR 4694 PG 374 RECORDED 6/21/2011 3:18 PM PAGES 2 16.A.2.a DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE `Case No.—CEPM2010000S671 I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. cn a a) KATHERINE SHEFFIELD, :1 0 Respondent N O• s ECU RN:1 SPECIAL MA ' TE m T IE aG. 'T1T4 7LIENS ISs THIS CAUSE came for: r : S._,i s a:'sI; fir •. . T earl g upon the Petitioner's Motion for Imposition of Fine Li t. i n 3 1 e 0 .1• .e.: i is /e istrate,having heard argument respective to all appropriate m t e -.1.•• -s -ndi =_••. F: tend Order of the Special M Magistrate,as follows: \14-= ) / y i FINDINGS OF 11;4 �� 2. �\ 0 �./ 0 1. On October 15,2010,Respond:.t w ?.:: . i.44Ow b ation of Collier County Code of Laws 0 °' and Ordinances Chapter 22 Buildin_• ..T=. 1t. • -gulations,Article VI Property Maintenance ;_i Code,Section 22-231(15)for GIS Property Appraiser satellite imagery from the years 2005 to 2010 showing the pool on this property has become stagnant,polluted and unsightly,which a) violation occurred on the property located at 660 29`h Street SW,Naples,FL Folio#36814240004 E _ (Legal Description:GOLDEN GATE EST UNIT 5 S 180F7 OF TR 62 OR 1515 PG 769) 0 rt 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or `t before October 22,2010,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 4621,PG 2533). 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 legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has been abated as of April 1,2011. Packet Pg. 287 *** oR 4694 PG 375 *** 16.A.2.a ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.0744,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$250.00 per day arc assessed against Respondent for 161 days for the period from October 23,2010 to April 1,2011 for a total amount of fines of$40,250.00. C. Respondent shall pay the previously assessed operational costs of$112.38. c D. Respondent shall pay the costs of abatement incurred by the county in the amount of$1,531.40. °' J w E. Respondent is ordered to pay fines and costs in the total amount of$41,893.78 or be subject to m Notice of Assessment of Lien against ' s owned by Respondent in Collier County, rt Florida. ���V. �`O(.fir ceTu DONE AND ORDERED this d Cluj 201 at 011ier County,Florida. d WO' -c " ris cn ,����,y�y g - --,,....4-;,---;,-,..u7, _ x"�;!S'. SYS ` 1 V i7�Awa'Mf ,, �" r, r p r~ M tp,d *garh inis (^� 1 HERR. 1 COLL'r: • :t ."'! ODE ENFORCEMENT 1 . SPEC . %, • . TE ��`, ;onact t of a soard 141 af. �' o ` � 'this :\;S;1/ r f sUM ?TErr ., ' gWIGNT''E..t' ill -a' ;fit_... / Ia...' a : '. DA C.GARRE m E. gsg as♦ L • a~�. • r~ t ft 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—Katherine Sheffield Collier Co.Code Enforcement Dept. Packet Pg. 288 INSTR 4493410 OR 4621 PG 2533 RECORDED 11/8/2010 10:43 AM PAGES 3 16.A.2.a DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC 527.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM-2010-0008671 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. KATHERINE SHEFFIELD, Respondent. °' "c a) ORDER OF T • • MAGISTRATE All* .0 THIS CAUSE came on for .., . ,r--. ng before • Magistrate on October 15,2010,and tY the Special Magistrate, having .i. stimony under oath, - ed evidence, and heard argument -t respective to all appropriate ma crs, • sues its Findings f F. t,Conclusions of Law,and Order of the Special Magistrate,as fo ow-. dvi MIDyMT ICI IR a _, 1. Respondent,Katherine, ,is n` • he r t a y. 2. Respondent was notifi e t date of hearing bele ,ggi and posting and the Special a)Magistrate has jurisdiction of this r � 'a 3. Respondent,having been duly ti RQe*1 (the hearing. 4. The real property located at 660 29th St.SW,Naples,Florida,Folio#36814240004,is in violation of Collier County Laws & Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code,Section 22-231(15),in the following particulars: GIS Property Appraiser Satellite imagery from the years 2005 to 2010 shows the pool on this property has become stagnant,polluted and unsightly. 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,it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws&Ordinances,Chapter 22,Article VI,Section 22-231(15). B. Respondent is ordered to abate the violation by chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and provide bi-weekly Packet Pg. 289 OR 4621 PG 2534 16.A.2.a treatment, or by chemically treating the pool water killing the algae growth and covering the pool,using HUD standards, preventing the intrusion of rain water on or before October 22, 2010 or a fine of S250.00 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 violations.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 $112.38 on or before November 15,2010. N c E. Respondent shall notify the Code Enforcement Investigator, Christopher Ambach, within 24 J hours of abatement or compliance so that a final inspection may be performed to confirm compliance. o m DONE AND ORDERED this i ,2010 at Naples,Collier w County,Florida. ] C U 0 m f m lC 0 L • r s IJN CODE ENFORCEMENT rn :71i A ��' TE M > �� � i/ N d ` BREND'!'.iGARRETSON 1 O J •C d E o as PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier ti 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.It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the CIerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.6ta°4 Puett}A .:puny of GOWER cc: Respondents—Katherine Sheffield Collier Co.Code Enforcement Dept. l HEREBY CERTI `ThAT:ttma is a true and )orrect copy ot,a•doCtr;rit cr ftie in Board MtntitA Ano-RscortR dt';+`,ai{ier County NsTNESS in*rtano'ar a of(ciat feat this `Rt. clay at. , -°tff )WIGHT E.i'BF(X K. CLERK Of ••URT I. Packet Pg. 290 16.A.2.b This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 N RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS N OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: c Katherine Sheffield, Respondent The lien was recorded on June 21, 2011, in Official Records Book 4694, Page 360, in the •• Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen M thousand five hundred fifty nine dollars and twenty cents ($15,559.20), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. c 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. U a 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. 71.3 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA o` w U ca By: By: Deputy Clerk Donna Fiala, Chairman cn Date: Date: E � v Approved as to form and legality Kevin Noeli Assistant County Attorney Packet Pg. 291 16.A.2.b 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: Katherine Sheffield, RespondentITU The lien was recorded on June 21, 2011, in Official Records Book 4694, Page 374, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty one thousand eight hundred ninety three dollars and seventy-eight cents ($41,893.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. y 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 Y 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. cc � I ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA o .f; f6 By: By: Deputy Clerk Donna Fiala, Chairman in Date: Date: E U f6 Approved as to form and legality Kevin NoeII Assistant County Attorney Packet Pg. 292 16.A.2.b This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN w ' o I KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS y OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Katherine Sheffield, a, Respondent The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2986, in the o• • Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred three thousand five hundred sixty two dollars and twenty cents ($103,562.20), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. d 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. a) 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. T ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c 0 r) U t6 By: By: w Deputy Clerk Donna Fiala, Chairman in Date: Date: .`c fC Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 293