Agenda 03/10/2015 Item #16A 5 3/10/2015 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve a release of code enforcement lien with an accrued value of
$18,729.13, for payment of $679.13, in the code enforcement action entitled Board of County
Commissioners v Elsa M. Flores and Carlos Flores, Special Magistrate Case No.
CEPM20130018044, relating to property located at 4650 25th Ct. SW,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$18,729.13, for payment of$679.13, in relation
to Special Magistrate Case No. CEPM20130018044.
CONSIDERATIONS: As a result of a code violation at 4650 25th Ct. SW, which consisted of
an unmaintained swimming pool creating an unhealthy and hazardous condition, the Special
Magistrate ordered the imposition of a lien against Elsa M. Flores and Carlos Flores in Case No.
CEPM20130018044. The lien was recorded in the Official Public Records on May 23, 2014, at
O.R. Book 5040, Page 2351, and encumbers all real property owned by Elsa M. and Carlos
Flores. The lien amount of$18,729.13 is based on 74 days of accrued fines ($250 per day from
March 15, 2014 through May 27, 2014) plus $229.13 in operational costs. The property was
brought into compliance on May 27, 2014.
Following a foreclosure (Case No. 2009-CA-3726), a Certificate of Title was recorded on
December 3, 2014 in favor of Deutsche Bank National Trust Company. 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 and compliance has been
achieved. The property is being actively maintained and the new owner has paid $679.13. The
new owner is requesting a waiver of$18,050 in accrued fines.
FISCAL IMPACT: Payment of $679.13 in fines has been made, consisting of $450 in fines
and $229.13 in operational costs. If approved by the Board, accrued fines in the amount of
$18,050 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 $18,050, accept payment amount of $679.13, 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-00998/1 1 5 1 063/1]
Packet Page -449-
3/10/2015 16.A.5.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: 1)Release and Satisfaction of Lien
2) Lien Order
[15-CED-00998/1151063/11
Packet Page-450-
3/10/2015 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to approve a release of code enforcement lien with an
accrued value of$18,729.13, for payment of$679.13, in the code enforcement action entitled
Board of County Commissioners v Elsa M. Flores and Carlos Flores, Special Magistrate Case No.
CEPM20130018044, relating to property located at 4650 25th Ct. SW, Collier County, Florida.
Meeting Date: 3/10/2015
Prepared By
Name:VillarrealRosa
Title: Operations Coordinator, Code Enforcement
2/10/2015 11:45:29 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/11/2015 11:10:01 AM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 2/12/2015 10:23:58 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 2/12/2015 4:45:58 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 2/25/2015 9:09:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25/2015 1:15:45 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Packet Page-451-
3/10/2015 16.A.5.
Date: 3/2/2015 9:10:48 AM
Name:DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/2/2015 11:37:16 AM
Packet Page-452-
3/10/2015 16.A.5.
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:
Elsa M. Flores and Carlos Flores
Respondents
The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2351, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve
thousand four hundred seventy-nine dollars and thirteen cents ($12,479.13), 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 Noell
Assistant County Attorney
Packet Page-453-
NSTR 4986224 OR 5040 PG 2351 RECORDED 5/23/2014 9:16 AM PAGES 2 3/10/2015 16.A.5.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20130018044
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ELSA M.FLORES AND CARLOS FLORES,
Respondents.
/
k:At'R C(I
ORD -$ SPECIAL NiA RATE
/ "IMPOSING FINES/LTE
THIS CAUSE came for the 4i. • ::istrav for p bli hearing upon the Petitioner's
Motion for Imposition of Fine ie • t , t ' • , S+e Ma istrate,having heard argument
respective to all appropriate att rs, herru n is - t T�- rid s+gs of act and Order of the Special
p
Magistrate,as follows: (3 \ 1
FINDINGS OF Eti,, Ty
1. On March 7,2014,Respontle found guilty of vi• atzio f Collier County Code of Laws and
Ordinances,Chapter 22,Articl ift, '`for/an unmaintained pool creating an
unhealthy and hazardous conditio , h . vt"ol t urred on the property located at 4650 25[11
Court SW,Naples,FL,Folio#3599468 legal Description:GOLDEN GATE UNIT 3 BLK
95 LOT 5 ).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before March 14,2014,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 5018,
PG 3901).
3. Operational costs of$115.18 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 -454-
1*** OR 5040 PG 2352 *** 3/10/2015 16.A.5.
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 49 days for the period from
March 15,2014 to May 2,2014,for a total amount of fines of$12,250.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.18.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$I1395.
E. Respondent is ordered to pay fines and costs in the total amount of$12,479.13 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
F. The daily fine of$250.00 shall,eot e9 ement has been confirmed by a Collier
County Code Enforcement nv ator. ,�-
�' u
DONE AND ORDERED this Lik:' day of �a.�, 2014 at oilier County,Florida.
OC I �, . �a �/ LODE ENFORCEMENT
r•., • L _, ' it
";:-. \ /t,
a
'''22.7-7 , ilk.?, - 'I 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 Magisua et 01 rO r r .de
County of COLLIER ;.;,F ,.
1 HEREBY CERTIFY5.H4T. sits a tile
cc: Respondent-Elsa M.Flores and Carlos Flores correct copy of a dacumetpn file in
Collier Co.Code Enforcement Dept. Board Minutes andRez d s pf Collor Comity ;•
W1TNE S my ha'c�arrJ gffieiai e;�l.4tis `".
=day of ',. f :'-:6 '. .
. IGHT E. -OCK,Cth F CORTS
. :.c.'
Packet Page -455-