Agenda 04/14/2015 Item #16A14 4/14/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$91,650 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v.Larry W.Fox,Code Enforcement Board Case No.CESD20110007803,relating to
property located at 681 11th Street S.W.,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of $91,650, for payment of $450, in relation to
Code Enforcement Board Case No. CESD20110007803.
CONSIDERATIONS: As a result of a code violation at 681 11th Street S.W., which consisted
of the illegal conversion of a storage shed into living space with a small kitchen and bath and
occupied by a family,the Code Enforcement Board ordered the imposition of a lien against Larry
W. Fox in Case No. CESD20110007803. The lien was recorded in the Official Public Records
on August 9, 2013, at O.R. Book 4953, Page 2387, and encumbers all real and personal property
owned by Larry W. Fox. The lien amount of$91,650 is based on 611 days of accrued fines
($150 per day from June 26, 2013 through February 23, 2015). The property was brought into
compliance on February 23,2015.
Following a foreclosure (Case No. 2014-CA-1838), a Certificate of Title was recorded on
January 28, 2015 in favor of Susan Colgan, Trustee. This new owner brought the violations into
compliance within 30 days of taking title.
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 within 30 days. The property is being actively maintained and the owner has paid
$450. The new owner is requesting a waiver of$91,200 in accrued fines.
FISCAL IMPACT: Payment of$450 has been made and operational costs were paid prior to
the lien imposition. If approved by the Board, accrued fines in the amount of$91,200 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$91,200,accept payment amount of$450,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-01004/1159038/1]
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4/14/2015 16.A.14.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Letter from new owner
•
[15-CED-01004/1159038/1]
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4/14/2015 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$91,650 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Larry W. Fox, Code Enforcement Board Case No.
CESD20110007803, relating to property located at 681 11th Street S.W., Collier County, Florida.
Meeting Date: 4/14/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
3/9/2015 9:58:41 AM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/9/2015 10:10:17 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/9/2015 10:18:30 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 3/11/2015 11:45:14 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/11/2015 1:12:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:20:00 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
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4/14/2015 16.A.14.
Date: 3/24/2015 9:22:46 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/25/2015 8:05:02 AM
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4/14/2015 16.A.14.
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:
Larry W. Fox
Respondent
The lien was recorded on August 9, 2013, in Official Records Book 4953, Page 2387, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand five hundred dollars ($4,500), 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
7e'."1/:/-1
Kevin Noell
Assistant County Attorney
CESD20110007803
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INSTR 4876397 OR 4953 PG 2387 RECORDED 8/4/2013 8:52 AM PAGES 2 4/14/2015 16.A.14.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COWER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20110007803
vs.
LARRY W.FOX,
Respondent
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public he. • Ail•„ iii- • February 23,2012,after due notice to
Respondent at which time the Board heard tolii.".....t
_ = 'drnce,and issued its Findings of Fact
and Conclusions of Law and thereupon i .ral Order which •to writing on February 28,2012,
and furnished to Respondent and was oad in the Public Records o s,oil County,Florida at OR 4772,PG
1329,et.seq.on March 8,2012. Th rd= covered real ro to at.81 I Im Street SW,Naples,FL.,
Folio 37014680007,more particular y de cri. •. ./. . e S• h 1 ., t of t Nc\72,GOLDEN GATE ESTATES,
UNIT NO.9,according to the mappr plat . -f, Pag s 99 and 100 of the Public
Records of Collier County,Florida( 1 � ��
An Affidavit of Non-Corn• . . .4 • �f'. . ,., i. B.: • -
thf e Enforcement Official on July
1,2013,which Affidavit certified •del••ath that the required c•.J tive'acti• not been taken as ordered.
Accordingly,it having been •r ry•t to the Board's site, t.:. dent has not complied with the
Order dated February 28,2012,it is he •, .
ORDERED,that the Respondent, r, ` • r .. . -•I r 'unty fines in the amount of$4,500.00
(Order Items 1&2)at a rate of 5150/day for . .lei , 41 through July 25.2013(30 days). The
operational costs have been paid.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into
compliance or until Judgment is rendered in a suit to foreclose on a Iien 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.
DONE AND ORDERED this day of
1(-%it
,2013 at Collier County,Florida.
State of Florida CODE ENFORCEMENT BOARD
County of COLLIER COLLIER COUNTY,FL*• NA
I Ii REBYO ZtE 1'i T tt»s•is a true and � �
corredleopy'bf 'Tart fi a-in
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Rob�!'auf =it
Boatilg itpl aal erds'c Cotlier County 2800 ort. •ors=: oe Drive
ver1.1,%s rely,: rid seal This
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ki'**w OR 4953 PG 2388 *** 4/14/2015 16.A.14.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The forego' instrument was acknowledged before me this a day of (..(5t-2013,b obert Kaufman,Chair of the Code Enforcement Board of Collier C ty,Florida,who is
personally known to me or whohproduced a •-•. Driver's License as identification.
NOTARY PUBLI `� 0,8 ;: KAREN G BAILEY
My commission expires: w••:., Y MY COMMISSION It EEB75121
EXPIRES Fetxtmry 14,2017
CER . -..r * -e VICE oot;r salsa s�a.MO•aya..�m.
w .
I HEREBY CERTIFY that a * �'ct copy of ` y ri . been sent by U.S.Mail to Larry W.
Fox,611 11 Street S.W.,Naples,FL . � . is c day of -" , 0 .
n (jlfN1N
•,-% (239)263.8206
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fIE CIR
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. 4/14/2015 16.A.14.
To: Collier County building dept.
2/23/2015
Dear Sirs,
I am Susan Colgan, the new owner and trustee of the property situated at 681
11th St SW, Naples Florida. I bought the property recently and title was recorded
on 1/28/2015.
All the code violations and permitting issues have been resolved within the 30 day
period allowed by the county and I am now applying for a waiver of the fines which
have accrued to the previous owner.
Thank you for your attention
Susan Colgan, Trustee of the 681 11th St SW Land Trust U/A/D 1-14-2015.
cjir-
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