Agenda 02/24/2015 Item #16A12 2/24/2015 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$14,719.03, for payment of $1,669.03, in the code enforcement action entitled Board of County
Commissioners v. Heather N. Green, Special Magistrate Case No. CEPM20140001612, relating to
property located at 2052 Crestview Way,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$14,719.03, for payment of$1,669.03, in relation
to Special Magistrate Case No. CEPM20140001612.
CONSIDERATIONS: As a result of a code violation at 2052 Crestview Way, which consisted
of an unmaintained pool with green water,the Special Magistrate ordered the imposition of a lien
against Heather N. Green in Case No. CEPM20140001612. The lien was recorded in the
Official Public Records on August 28,2014,at O.R. Book 5071,Page 3285,and it encumbers all
real and personal property owned by Heather N. Green. The lien amount of$14,719.03 is based
on 54 days of accrued fines (April 19, 2014 through June 11, 2014) at $250 per day, plus
$229.43 in operational costs and $989.60 in abatement costs. The property is in compliance as
of June 11,2014.
Following a foreclosure (Case No. 2012-CA-4128), a Certificate of Title was recorded on July
29,2014 in favor of Federal National Mortgage Association. 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 $1,669.03 in fines. The new owner is requesting a waiver of
$13,050 in accrued fines.
FISCAL IMPACT: Payment of$1,669.03 in fines has been made representing $450 in fines,
$229.43 in operational costs and $989.60 in abatement costs. If approved by the Board, accrued
fines in the amount of$13,050 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: That the Board of County Commissioners waive the fines in the
amount of $13,050, accept payment amount of $1,669.03, release the lien, and authorizes the
[15-CED-00992/1 148600/1]
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2/24/2015 16.A.12.
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
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
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2/24/2015 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$14,719.03,for payment of$1,669.03, in the code enforcement action
entitled Board of County Commissioners v. Heather N. Green, Special Magistrate Case No.
CEPM20140001612, relating to property located at 2052 Crestview Way, Collier County, Florida.
Meeting Date: 2/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
1/29/2015 8:28:27 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 1/30/2015 4:56:58 PM
Name: WrightJeff
Title:Director-Code Enforcement,Code Enforcement
Date: 2/3/2015 2:11:36 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 2/9/2015 8:45:02 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/11/2015 8:43:48 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 2/11/2015 9:16:19 AM
Name: KlatzkowJeff
Title: County Attorney,
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2/24/2015 16.A.12.
Date: 2/12/2015 9:43:51 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 2/12/2015 12:03:00 PM
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2/24/2015 16.A.12.
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:
Heather N. Green
Respondent
The lien was recorded on August 28, 2014, in Official Records Book 5071, Page 3285, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
fourteen thousand seven hundred nineteen dollars and three cents ($14,719.03), 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
4/,/
Kevin Noel!
Assistant County Attorney
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INSTR 5024305 OR 5071 PG 3285 RECORDED 8/28/2014 3:26 PM PAGES 2 2/24/2015 16.A.12.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20140001612
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HEATHER N.GREEN,
Respondent.
/
ORDER OF-THE SPECIAL MISTRATE
'IMPOSING FINES/LIENS \
/� I „, -,f-'
THIS CAUSE came before the Speeiarl istrate for ublia hearing upon the Petitioner's
Motion for Imposition of Pities(liens o jApgus ?t ) ;\andlie Special Magistrate, having heard
argument respective to all appropriate matteb's,the p issues its)Findings of Fact and Order of the
Special Magistrate,as follows f �L
`sr
1 1 1
FINDINGS OF CT: /`
k
1. On April 4,2014,Respondent=s-found guilty of iialAttgn, ifCollier County Code of Laws and
Ordinances.Chapter 22,Article h1,Section-2?-'241(t�,5)Yor'pool water that is black in color and
not being properly maintained,whi itlatior►curred on the property located at 2052
Crestview Way,Naples,FL,Folio#492642(Legal Description:HERITAGE GREENS
BLK A LOT 109 NKA CRESTVIEW VILLAS AT HERITAGE GREENS(HO)PHASE 14
LOT 109).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before April 18,2014,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 5027,
PG 2353).
3. Operational costs of$115.40 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 abated as of June 11,2014.
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*** oR 5071 PG 3286 *** 2/24/2015 16.A.12.
I
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. Daily fines of$250.00 per day are assessed against Respondent for 54 days for the period from
April 19,2014 to June 11,2014,for a total amount of fines of$13,500.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.40.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.03.
E. Respondent shall pay the abatement costs incurred by the county in the amount of$989.60.
F. Respondent is ordered to pay fines,aa `'i^i a owl amount of$14,719.03 or be subject to
`' b Respondent in Collier County,
Notice of Assessment of Lien,a a�:414 .pr 4s `y p ty,
Florida. /C.�. \
DONE AND ORDERED this i , day or IR, ,,y ,2014 at Collier County,Florida.
---... VI rr '')D \ f\ \I
\ COLLIR C(IUN ;ODE ENFORCEMENT
SPECI!1~ ,,,MAGIST-RATE
\ �,f
B'7 IAC.GA"'' 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 #
(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.
otate vi r wu::a _
County of COLLIER
cc: Respondent—Heather N.Green �;,1Ta ^^ _
Collier Co.Code Enforcement Dept. I HfkR�`lI` NAT this is a true and
sortect-copo reap, , „ ht on file in
f s. ecortls of Collier County
�'` ESSmy, Viand official se if this
Yot l7
.
DW1Qt f t-E.B-e' --CLERK OF COURTS
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