Agenda 01/27/2015 Item #16A10 1/27/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$156,976.35 for payment of $676.35, in the code enforcement action entitled Board of County
Commissioners v. Patrick Fevrier and Jacqueline Fevrier, Code Enforcement Special Magistrate
Case No. CEPM20130012039, relating to property located at 6090 Everett Street, 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$156,976.35, for payment of$676.35, in relation
to Code Enforcement Special Magistrate Case No. CEPM20130012039.
CONSIDERATIONS: As a result of a code violation at 6090 Everett Street, consisting of a
garage type structure in need of roof and soffit maintenance and a pool with a deteriorated cover
exposing stagnant green water, the Code Enforcement Special Magistrate ordered the imposition
of a lien against Patrick Fevrier and Jacqueline Fevrier in Case No. CEPM20130012039. The
lien was recorded in the Official Public Records on March 21, 2014, at O.R. Book 5018, Page
3858, and it encumbers all real and personal property owned by Patrick Fevrier and Jacqueline
Fevrier. The accrued lien amount of$156,976.35 is based on 295 days of accrued fines (January
7, 2014 through October 28, 2014 for part B of order) and 332 days of accrued fines (December
14, 2013 through November 10, 2014 for part C of order) at $250 per day, plus $226.35 in
operational costs.
Following a foreclosure (Case No. 2013-CA-2636), a Certificate of Title was recorded on June
24, 2014 in favor of the Bank of New York Mellon. The County's lien for this property was
filed after the foreclosure lis pendens, and is not presently enforceable as to the property in
question.
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, the new owner has
diligently pursued abatement, and compliance has been achieved. The property is being actively
maintained and the owner has paid $676.35. The new owner is requesting a waiver of$156,300
in accrued fines.
FISCAL IMPACT: Payment of the $676.35 fine has been made representing a $450 fine and
$226.35 in operational costs. If approved by the Board, accrued fines in the amount of$156,300
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
[14-CED-00975/1141294/11
Packet Page-228-
1/27/2015 16.A.10.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $156,300, accept payment amount of $676.35, 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: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: 1)Release and Satisfactions of Lien
2)Lien Order
[14-CED-00975/1 1 41 294/1]
Packet Page-229-
1/27/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of code enforcement lien with
an accrued value of$156,976.35 for payment of$676.35, in the code enforcement action
entitled Board of County Commissioners v. Patrick Fevrier and Jacqueline Fevrier, Code
Enforcement Special Magistrate Case No. CEPM20130012039, relating to property located at
6090 Everett Street, Collier County, Florida.
Meeting Date: 1/27/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/17/2014 10:50:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 1/6/2015 1:36:37 PM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 1/8/2015 9:39:45 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 1/8/2015 11:23:46 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/14/2015 10:08:24 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2015 11:16:00 AM
Name: IsacksonMark
Packet Page-230-
1/27/2015 16.A.10.
Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/15/2015 9:11:04 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 8:55:51 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 10:25:19 AM
Packet Page -231-
1/27/2015 16.A.10.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
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:
Patrick Fevrier and Jacqueline Fevrier
Respondents
The lien was recorded on March 21, 2014, in Official Records Book 5018, Page 3858, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty-
six thousand two hundred twenty-six dollars and thirty-five cents ($36,226.35), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noel)
Assistant County Attorney
Packet Page -232-
INSTR 4958374 OR 5018 PG 3858 RECORDED 3/21/2014 10:05 AM PAGES 3 1/27/2015 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20130012039
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner, -
vs. •
PATRICK FEVRIER AND
JACQUELINE FEVRIER,
Respondents. _
,
.#� c .
/ -''�
ORDEN. THE SPECIAL MAGISTE
//`IMPQSING-FINES/LIENS\
l /
THIS CAUSE came ii)ef. e .:ecihl f;: ublic Shearing upon the Petitioner's
Motion for Imposition of Fine �e on Mar h he S ecial Magistrate, having heard
p S s1Iri li P 1'i g
argument respective to all approp ti./� r iss s its ings of Fact and Order of the
Special Magistrate,as follows:\;�,- ,4; I i
`%� fir- / fffj^�,/
� _ FINDINGS OF FAC11
1. On December 6,2013,Respond}c itt'7 nd•g�ri �gf V,iol�ation of Collier County Code of Laws
and Ordinances,Chapter 22,Article :ictaa 22$(1),22-231(12)(n)and(c),(15)and(19)
for a garage type structure in need of maintenance to roof and soffit area.Cover over pool is
deteriorated,exposing stagnant green water,which violation occurred on the property located at
6090 Everett Street, Naples,FL,Folio#422520003(Legal Description: 16 50 26 E1/2 OF W 1/2
OF NE1/4 OF NW 1/4 OF SW1/4,LESS N+S 30FT 2.27 AC).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 13,2013,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 4994,PG 2010).
3. Operational costs of$112.47 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 not been abated as of the date of the hearing.
Packet Page-233-
OR 5018 PG 3859 1/27/2015 16.A.10.
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$250.00 per day are assessed against Respondent for 60 days
for the period from January 7,2014 to March 7,2014,for a total amount of fines of$15,000.00.
C. Part C of the Order:Daily fines of$250.00 per day are assessed against Respondent for 84 days
for the period from December 14,2013 to March 7,2014,for a total amount of fines of
$21,000.00.
D. Respondent shall pay the previously assessed operational costs in the amount of$112.47.
E. Respondent shall pay operational✓✓✓✓✓✓eost�St{h ton of Fines hearing in the amount of
$113.88. (6\}
F. Respondent is ordered to pay -)es and costs in the total oun of$36,22635 or be subject to
Notice of Assessment of Lie a all�l edb R 1pondent in Collier County,
Florida. `''L
G. The daily fine of$250 00 ,� can in� ti e�: .'crt�ent'ias been confirmed by a
Collier County Code otic-,ii -,
DONE AND ORDERED this y of t` o v`"+ 4 tilt Collier County,Florida.
C)c t, ' 'TY CODE ENFORCEMENT
ISSPta . GISTRATE
IIIKRENDA C. 'III* 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 II
(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—Patrick Fevrier and Jacqueline Fevrier
Collier Co.Code Enforcement Dept.
Packet Page-234-
„m.. *** OR 5018 PG 3860 *** 1/27/2015 16.A.10.
state of Florida
County of COLLIER
I HEREBY,g;.G RTJFY THAT this is a true and
r
correct;ccPy cl.t fr. 1 Rfile in
Board iy'z?u:Gs °dT ecord 'Mier County
:an-Tex kthiS
bf' Lil_s 4S •_(4,r
• DW GHT i,BFtQD • --
OF 0URTS
ire Y . ':� ,
'C/7;\171:----;
"Clitp)s,(10::
•
•
Packet Page-235-