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Agenda 02/24/2015 Item #16A10 2/24/2015 16.A.10. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $10,534.04, for payment of $2,234.04, in the code enforcement action entitled Board of County Commissioners v. Gail A. Pandolfe, Code Enforcement Board Case No. CEPM20140008527, relating to property located at 604 110th Avenue North,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$10,534.04, for payment of$2,234.04, in relation to Code Enforcement Board Case No. CEPM20140008527. CONSIDERATIONS: As a result of a code violation at 604 110th Avenue North, which consisted of an unmaintained swimming pool, the Code Enforcement Board ordered the imposition of a lien against Gail A. Pandolfe in Case No. CEPM20140008527. The lien was recorded in the Official Public Records on December 8, 2014, at O.R. Book 5101, Page 2688, and it encumbers all real and personal property owned by Gail A. Pandolfe. The lien amount of $10,534.04 is based on 35 days of accrued fines (September 5, 2014 through October 9, 2014)at $250 per day plus $127.04 in operational costs and $1,657 in abatement costs. Following a foreclosure (Case No. 2011-CA-1997), a Certificate of Title was recorded on December 3, 2014 in favor of Onewest Bank, FSB. The property was brought into compliance while in "pre-foreclosure", on October 10, 2014. 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 new owner has paid $2,234.04. The new owner is requesting a waiver of $8,300 in accrued fines. FISCAL IMPACT: Payment of$2,234.04 in fines has been made representing $450 in fines, $127.04 in operational costs and $1,657 in abatement costs. If approved by the Board, accrued fines in the amount of$8,300 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 RECOMMENDATION: That the Board of County Commissioners waives the fines in the amount of $8,300, accept payment amount of $2,234.04, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. [15-CED-00990/1148582/1] Packet Page-247- 2/24/2015 16.A.10. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division Attachments: 1)Release and Satisfaction of Lien 2)Lien Order [15-CED-00990/1148582/1] Packet Page-248- 2/24/2015 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 a code enforcement lien with an accrued value of$10,534.04,for payment of$2,234.04, in the code enforcement action entitled Board of County Commissioners v. Gail A. Pandolfe, Code Enforcement Board Case No. CEPM20140008527, relating to property located at 604 110th Avenue North, Collier County, Florida. Meeting Date: 2/24/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator,Code Enforcement 1/28/2015 4:18:53 PM Approved By Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 1/28/2015 4:34:31 PM Name:NoellKevin Title: Assistant County Attorney,CAO General Services Date: 1/28/2015 4:49:26 PM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 1/30/2015 4:29:48 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/11/2015 8:56:47 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs,Office of Management&Budget Date:2/11/2015 9:23:22 AM Name: KlatzkowJeff Packet Page-249- 2/24/2015 16.A.10. Title: County Attorney, Date: 2/12/2015 9:22:56 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 2/12/2015 11:05:05 AM Packet Page-250- 2/24/2015 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: Gail A. Pandolfe Respondent The lien was recorded on December 8, 2014, in Official Records Book 5101, Page 2688, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of ten thousand five hundred thirty-four dollars and four cents ($10,534.04), 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 Tim Nance, Chairman Approved as to form and legality Kevin Noel! Assistant County Attorney Packet Page -251- INSTR 5060319 OR 5101 PG 2688 RECORDED 12/8/2014 4:03 PM PAGES 2 2/24/2015 16.A.10. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 COLLIER COUNTY CODE ENFORCEMENT BOARD Case No.—CEPM20140008527 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. GAIL A.PANDOLFE, Respondent. C. ORDER OF TtiE COD reIRCEMENT BOARD, !`iIM POSING FINES/LIENS THIS CAUSE came before the Code-Enforcement Board upon the Petitioner's Motion for Imposition Fines/Liens on November 21,2014/and,t{te CEnforcemi ent Boatrd,havitlg heard argument respective to all appropriate matters,hereupon issues its Findings of.Fa alid-C3 sfGod_e-Enforcement Board,as follows: FJNDINGSt OPTPgCT ( i I. On August 28,2014,Res RespcInt ent was found guilty of 1plationof CLIficr County Code of Laws and Ordinances,Chapter 22,Bql)i and Building Regulatbip,s,Article,!;Property Maintenance Code, Section 22-231 (15)for havi4^garprivate swimming pooI"which is nntbeing maintained and creating an unhealthy condition,which violrati ir(s},occurred on the proper-1"z Ptrcated at 601 110th Ave.N.,Naples FL, Folio*62572250008(Legal Dese{tp�on.�ot 27,Block.!-8`NapieS Park,Unit 2,according to the plat thereof,of record in Plat Book 2,Pageti i07, thPul�. t,Reyords of Collier County,Florida), 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or before September 4,20I4,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 5078,PG 3530). 3. Operational costs of$63.29 incurred by the County in the prosecution of this case were ordered to be paid. 4. Abatement costs of 51,657.00 have not been paid. 5. 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 been abated as of October 9,2014. 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. Packet Page -252- .*** OR 5101 PG 2689 *** 2/24/2015 16.A.10. B. Daily fines of$250.00 per day are assessed against the Respondents for 35 days for the period from September 5,2014 to October 9,2014 for a total amount of fines of $8,750.00. C. Respondent shall pay the previously assessed operational costs in the amount of S63.29. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of$63.75. E. Respondent shall pay abatement costs in the amount of$1,657.00. F. Respondent is ordered to pay fines and costs in the total amount of 510,534.04 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. DONE AND ORDERED this day of ,11. ,2014 at Collier County,Florida. C•: ENFORCE. ENT BOA• •- OLLIER CO a Y,F s'•'A. . STATE OF FLORIDA ) J`r 800 o'rtlt .•" , o= Drive )SAC?` Na. es,FI. . . 4 COUNTY OF COLLIER) / // / gad \� �' The foregoing instrument was acknowledged,before.:ate,this:. 2014,b obert Kaufman,Chair ciftheiCod•e iforeenent BMW i d)'coidief County,Florida,who is personally known to me or• f Who has iro uce• a" Iotida,�Dr" 4 License as identification. \ ��.` +�. ' 4i o''01.4r A KAREN G BAILEY NOT 'Y,.WJBL'C— rl Y. C/ -ti ;= ME, cpc:EmtSS10N x El:7751121 `fir> My commi55ior exp1res:! 1'f,I EXPIRES Fetnuary 14,2017 ' M J, i,atr•1.4,051 FIcp.davolariS..rc can PAYMENT OF FINES: Any fines ordered4„9:4.paid pursuanLt i$Oder may be paid at the Collier County Code Enforcement Department,2800 North`I lorsiS119 lD v–e;l p„1es5F 34104,Phone:(239)252-2440,Website: www.colliergov.net.Any release of lien or confirinattan i e or confirmation of the satisfaction of the obligations of this Order may also be obtained at this Iocation. 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 1 HEREBY CERTIFY that a true and correct copy of this ORDER has be'n sent by U.S.Mail to Gail A.Pandolfe, 604 110th Ave.N.,Naples,FL 34108 this f d., o • 2014. Sale of Florida County of COLLIER I • 1Yynne Nicol',Esquire F • •a Bar No.968900 I HER_RY ? IFY THAT this is a true and �� �. Attorney for the Code Enforcement Board cur reci�Opy-t:t. on file in 68I Goodiette Road N.,Ste.210 EO<'d•I''inul, aid r± of Col cr County Naples,Florida 34012 ''at„P Any tiaod ands'ii:i81.seal this (239)261-6909 fifty GHT } ...a.ERK.OF COURTS Packet Page -253-