Agenda 03/24/2015 Item #16A15 3/24/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve three releases of code enforcement liens with a combined accrued
value of $531,150 for payment of $450, in the code enforcement actions entitled Board of County
Commissioners v. Palm Lake, LLC., Code Enforcement Special Magistrate Case No.
CEPM20090017229 and Code Enforcement Board Case Nos. CENA20100002928 and
CEV20100003082, relating to property located at 3131 Tamiami Trail East, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three
code enforcement liens with a combined accrued value of $531,150, for payment of $450, in
relation to Code Enforcement Special Magistrate Case No. CEPM20090017229 and Code
Enforcement Board Case Nos. CENA20100002928 and CEV20100003082.
CONSIDERATIONS: As a result of various code violations at 3131 Tamiami Trail East, as
reflected below, the Special Magistrate and Code Enforcement Board ordered the imposition of
three liens against Palm Lake, LLC. as follows (in chronological order based on lien recording
date):
The lien in Case No. CENA20100002928 was recorded in the Official Records on November 12,
2010, at O.R. Book 4623, Page 1450 (Litter consisting of wood, metal, buckets, glass, furniture,
plastic and other debris scattered throughout property). The lien amount of$255,000 is based on
1,275 days of accrued fines ($200 per day from September 21, 2010 through March 18, 2014).
The property was brought into compliance on March 18, 2014.
The lien in Case No. CEPM20090017229 was recorded in the Official Records on February 1,
2011, at O.R. Book 4647, Page 2996 (mobile home in poor condition being used as a rental).
The lien amount of$34,750 is based on 139 days of accrued fines ($250 per day from December
16, 2010 through May 3, 2011). The property was brought into compliance on May 3, 2011.
The lien in Case No. CEV20100003082 was recorded in the Official Records on February 10,
2011, at O.R. Book 4651, Page 509 (nine unlicensed/inoperable vehicles parked/stored
throughout the trailer park). The lien amount of $241,400 is based on 1,207 days of accrued
fines ($200 per day from November 28, 2010 through March 18, 2014). The property was
brought into compliance on March 18, 2014.
This mobile home park has been in existence since the 1970's. Following several storms in the
2000's, the park began to fall into disrepair. By 2009, the park had several code violations,
which ultimately resulted in the above liens being imposed on the property.
Because the County's liens were filed subsequent to the bank mortgage, when the bank
foreclosed, the County's liens became unenforceable against the property. Since taking title to
the property in March 2014, the new owners have made significant improvements to the park, at
considerable expense.
[15-cED-01 005/1 1 59 1 65/1]
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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 $450. The owner is requesting a waiver of $530,700 in
accrued fines.
FISCAL IMPACT: Payment of the $450 fine has been made. If approved by the Board,
accrued fines in the amount of$530,700 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 $530,700, accept payment amount of $450, release the liens, and authorize the
Chairman to sign the attached releases and satisfactions of lien for recording in the Official
Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1)Releases and Satisfactions of Lien (3)
2) Lien Orders
1 15-CED-01 005/1 1 591 65/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve three releases of code enforcement liens
with a combined accrued value of$531,150 for payment of$450, in the code enforcement
actions entitled Board of County Commissioners v. Palm Lake, LLC., Code Enforcement Special
Magistrate Case No. CEPM20090017229 and Code Enforcement Board Case Nos.
CENA20100002928 and CEV20100003082, relating to property located at 3131 Tamiami Trail
East, Collier County, Florida.
Meeting Date: 3/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
3/5/2015 3:49:37 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/6/2015 1:27:31 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/6/2015 2:10:07 PM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 3/6/2015 3:12:18 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 1:12:31 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/11/2015 1:38:36 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:27:03 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:57:53 PM
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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:
Palm Lake, LLC
Respondent
The lien was recorded on November 12, 2010, in Official Records Book 4623, Page 1450, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
Seven thousand six hundred dollars ($7,600), 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
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CENA20100002928
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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:
Palm Lake, LLC
Respondent
The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2996, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven
thousand five hundred dollars ($7,500), 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
Date: Date:
Approved as to form and legality
) r
Kevin Noell
Assistant County Attorney
CEPM20090017229
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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:
Palm Lake, LLC
Respondent
The lien was recorded on February 10, 2011, in Official Records Book 4651, Page 509, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Twelve thousand two hundred dollars ($12,200), 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
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEV20100003082
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INSTR 4521585 OR 4647 PG 2996 RECORDED 2/1/2011 9:53 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM—2009-0017229
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
PALM LAKE LLC,
Respondent.
ORDER A . . ; .ISTRATE
THIS CAUSE came bkforr t a ec a1..Magjs rate for •ublic hearing upon the Petitioner's
Motion for Imposition of Fine(s/t4}ens on a a 4, 201 , and ' e Special Magistrate, having heard
argument respective to all ap/ro• . • + •nab• n .u•s Findings of Fact and Order of the
Special Magistrate,as followst I I
J
F I G O .. A �h
1. On March 5,2010, Respon r 's found guilty of vi. inn •f Collier County Code of Laws and
Ordinances, Chapter 22, Article I n 22-231, subsecti• �g 9, 12i, 12k, 12o, 12p, 19& 20 for
mobile home being used f o r rental pu-.•..'" e : If• I • e 4.1,1 -••.r condition,which violation occurred
on the property located at 3I31 Tamiam7f:i ' , olio#61842240009.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 5,2010, or a fine of S250.00 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 4548,PG 1936).
3. Two separate Orders were entered by the Special Magistrate extending the time for Respondent to
comply until December 15,2010. (Copies of the Orders are recorded at OR 4584. PG 250 and OR4623,
PG 2392)
4. Operational costs of S112.91 incurred by the County in the prosecution of this case have 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 07-44 has been timely filed.
7. 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,
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*** OR 4647 PG 2997 ***
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 5250.00 per day are assessed against Respondent for 30 days for the period from
December 16,2010 to January 14,2011 for a total amount of fines of S7,500.00.
C. Respondent is ordered to pay fines and costs in the total amount of S7.500.00 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida.
D. The daily fine of S250.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this 1`1`1", day of` ,O ,2011 at Collier County,Florida.
7-7-c- ,R
r.
COLL IER LIERCCN
TK CODE E
NFORCEMENT
-E 1MAGTR 1TE
iJ_ ;,. v,
r l
-""ir NDA C.GARMF$ON
PAYMENT OF FINES: Any fin Qi�ie .e _ •• to o t
N his order may be paid at the Collier
County Code Enforcement Department,..:t ll Njctth fL-Igt e ae Drive,Naples,FL 34104, fax#(239)252-
2343. Any release of lien or confirmation o . . . ranee or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
APPEAL RIGHTS: 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 zzovo, 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)—Palm Lake,LLC
Collier Co,Code Enforcement Dept.
Stab+ at aisRlti
punt r stt COLL E%
I HERESY CERTIFY THAT tb a Dut MO
correct copy of a oocatnarit`Ott."U S
Board Minutes and liacoittint COaIttr Om
VESlaymovt
DWIGHT E. BROt=ic;-cLER1(OF Courts
Vo
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INSTR 4495161 OR 4623 PG 1450 RECORDED 11/12/2010 2:50 PM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CENA20100002928
vs.
•
PALM LAKE,LLC.
Respondents
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before t Board on Iuly 22,2010,after due notice to
Respondent at which time the Board heard testa ._ •.,.- ed evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issue Ora �e . • • . ccd to writing on July 27,2010 and
furnished to Respondent and was recordetj�n( '•'lie Records of •l lei onty,Florida at OR 4591,PG 1636,
et.seq.on August 2,2010. // ((,2 \
An Affidavit of Non-Compl' ee as •ettQed with tfie S:• d by t C e Enforcement Official on
September 28,20I0,which Affidavi c ft • .•er• th •-•_ •• cti action has not been taken as
ordered. •�
Accordingly,it having bee Tao :. • ! . . . A.on ,t • sp•rrde t has not complied with the
Order dated July 27,2010,it is here. w
ORDERED,that the Response •aim Lake LLC,pay •. :1lisr'. • fines in the amount of$7,600
(Order Items I &2)at a rate of$200 t.. e period of Septem• r'I, i I• .ugh October 28,2010(38 days).
r 1�
IT IS FURTHER ORDERED that th. me .• As all continue to accrue until Respondent
comes into compliance or until Judgment is rende = ,�; �ose on a lien filed pursuant to Section 162.09
Florida Statutes.
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 nova,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order,
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this 54h day of O DU .,2010 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY •RIDA
BY: 4111111111 •�
of COLUtk Kenneth ally,Chair
2800 North Horseshoe Drive
HERE`JY C�R�l `h,'I Ai'1hSbjis a-isua 1n�te
Naples,Florida 34104
orr set CO'3y of v' oetlrj;ez!t,,bri`.'te
SO=rd t.QtnutO.r'U.f'3Ctsr.Y)' ,ttr•Ctrunh
V)T SS my nano i ca uificti l iditl:this
} I
cap aEtlac11li@r 2DtD_
)W GHT E. BRtZik-,bLER6.0.0AIJRT;
.04 ' __ =�-`
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*** OR 4623 PG 1451 ***
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 5411day of),. )QV. ,2010,by
Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓ personally
known to me or who has produced a Florida Driver's Licensc as identification.
tfftts 1NEHOTON NOTARY PUBLIC
.0'174.3,,,
tW O0.t nSSl0t1 t DD 686.545
aF EXPIREES:June ie.TJtt My commission expires:
-?';M 's lm`u P''4cU'*^"""m ERTIFICATE OF SERVICE
HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to to Palm
Lake LLC,1000 Jorie Blvd.,Ste.44,Oak Brook,ILL 60523-4499 and to R.A.,Gregory L.Urbancic,Esq.,4001
Tamiami Trail,Ste.300,Naples,FL 34103 and Louis Erickson,Esq., 11725 Collier Blvd.,Ste.F,Naples,FL
34116 this 'day ofl300,2010.
—�
amerl/ M.J..sraw',in,Eq.
N
'.% :.r••,.. 750\311
o N .,th Coo Enforcement nforcem
ent Board
I !,,,It 75 is ,Mil,Ste.208"r
ples, . d. 341 63
( 26 82at..S
.7'i/E --II- C' ')
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INSTR 4524932 OR 4651 PG 509 RECORDED 2/10/2011 12:44 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 118.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEV20100003082
vs.
PALM LAKE,LLC.
Respondents
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing befor . s•: don July 22,2010,after due notice to
Respondent at which time the Board heard testi • i:.- ot@ gi• evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issue• o i°• • - • ed to writing on July 27,2010 and
furnished to Respondent and was recorded R at lic Records of Co' 90 ty,Florida at OR 4591,PG 1639,
et.seq,on August 2,2010. U \\
An Affidavit of Non-Compli nce s •e-n- d w' . the s o d by th,Coch Enforcement Official on
January 27,2011,which Affidavit ce ifie� ..•,r.. h •w.•;,.•- • • e ac1ton has not been taken as
ordered. up
Accordingly, having been bib •'`e .•a.'
t5 tv L.. .-, n th b Y. g •• pqr� t has not complied with the
Order dated July 27,2010,it is hereby' /
ORDERED,that the Respondq im Lake,LLC,pay tbio3li Co fines in the amount of 512,200
(Order Items I&2)at a rate of 5200/da e period of November. 044-ough January 27,2011 (61
days). The operational costs have been pa 'S
IT IS FURTHER ORDERED that the fines -• .,.eta•ea. osts shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
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. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this L-1' day of 44,,h-. ,2011 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
SLat.$ a: Ft.•:RUM '
:outcry of.COLLWE� BY:
- �ti.t,;u".."v•��;-. KrnnethKe y, hair
,` •••"" 2800 No Horseshoe Drive
1 HERESY CERTf EY TTHAT•tiis is a true anc( Naples,Florida 34104
;orrect cony of p aocumgrni-470. in
Board Miriirtetr:andRtapor' 'era*
4vtTNESS t tv,t. tit acid is3fiaist"aesl this
JQ g . t�f,U ii.'7iQ.Lt
WIG " BRCS t,:cL-ERk-DF COURTS
I ...o s II `;
,t . # , #.C.
"
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*** oR 4651 PG 510 ***
•
STATE OF FLORIDA )
)5S:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this I day of \--1_.,._L)-• ,2011,by
Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is -- personally
known to me or who has produced a Florida Driver's License as identification.
MY COMMISSION t D0688595 NOTARY PUBLIC
r.. EXPIRES:Joe 18.2011 My commission expires:
ERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to to Palm
Lake LLC, 1000 Jorie Blvd.,Ste.44,Oak Brook,ILL 60523-4499 and to R.A.,Gregory L.Urbancic,Esq.,4001
Tamiami Trail,Ste.300,Naples,FL 34103 and C 11725 Collier Blvd.,Ste.F,Naples,FL
34116 this`is day of �-}-�(r, �( C `(J T�
1 �r---. ` .-o•:,:�-�:,,Est.
.a.'• �o. 503 31
omen th 5,o,de Enforcement Board
5 N:* a . Oil,Ste.208
Naas,F.rid.341,03
1
•
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