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Agenda 05/12/2015 Item #16A12[15-CED-01012/1170460/1] EXECUTIVE SUMMARY Recommendation to approve two releases of code enforcement liens with a combined accrued value of $385,362.30, for payment of $612.30, in the code enforcement actions entitled Board of County Commissioners v. Valorie K. Lojewski and Carol E. Nelson, Code Enforcement Board Case Nos. CESD20080014926 and CESD20080015799, relating to property located at 330 Wilson Blvd. S., Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two code enforcement liens with a combined accrued value of $385,362.30 for payment of $612.30, in relation to Code Enforcement Board Case Nos. CESD20080014926 and CESD20080015799. CONSIDERATIONS: As a result of various code violations at 330 Wilson Blvd. S., as reflected below, the Code Enforcement Board ordered the imposition of two liens against Valorie K. Lojewski and Carol E. Nelson: The lien in Case No. CESD20080014926 was recorded in the Official Records on November 8, 2011, at O.R. Book 4734, Page 2519 (permit #910012418 expired without acquiring certificate of occupancy/completion). The lien amount of $174,081.15 is based on 870 days of accrued fines ($200 per day from August 28, 2011 through January 13, 2014) plus $81.15 in operational costs. The property was brought into compliance on January 13, 2014. The lien in Case No. CESD20080015799 was recorded in the Official Records on September 23, 2014, at O.R. Book 5078, Page 3449 (pool and garage conversion on estates zoned property without required Collier County permits). The lien amount of $211,281.15 is based on 1,056 days of accrued fines ($200 per day from October 23, 2011 through September 12, 2014) plus $81.15 in operational costs. The property was brought into compliance on September 12, 2014. Following a foreclosure (Case No. 2010-CA-1444), a Certificate of Title was recorded on February 4, 2013 in favor of Federal National Mortgage Association. The County’s liens for this property were filed after the foreclosure lis pendens, and are 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 within 30 days. The property is being actively maintained and the owner has paid $612.30. The owner is requesting a waiver of $384,750 in accrued fines. FISCAL IMPACT: Payment of $612.30, representing $450 in fines and $162.30 in operational costs. If approved by the Board, accrued fines in the amount of $384,750 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -618- 5/12/2015 16.A.12. [15-CED-01012/1170460/1] 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 $384,750 accept the payment amount of $612.30, release the liens, and authorizes the Chairman to sign the attached release and satisfaction of liens for recording in the Official Public Records. Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien (2) 2) Lien Orders Packet Page -619- 5/12/2015 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to approve two releases of code enforcement liens with a combined accrued value of $385,362.30, for payment of $612.30, in the code enforcement actions entitled Board of County Commissioners v. Valorie K. Lojewski and Carol E. Nelson, Code Enforcement Board Case Nos. CESD20080014926 and CESD20080015799, relating to property located at 330 Wilson Blvd. S., Collier County, Florida. Meeting Date: 5/12/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 4/15/2015 12:16:10 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 4/16/2015 10:17:23 AM Name: WrightJeff Title: Division Director - Code Enforcement, Code Enforcement Date: 4/16/2015 2:07:28 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 4/16/2015 2:22:04 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/18/2015 11:29:12 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2015 9:35:11 AM Name: IsacksonMark Packet Page -620- 5/12/2015 16.A.12. Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/23/2015 10:13:48 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/27/2015 8:58:34 PM Packet Page -621- 5/12/2015 16.A.12. Packet Page -622- 5/12/2015 16.A.12. Packet Page -623- 5/12/2015 16.A.12. INSTR 4624532 0R 4734 PG 25■9 RECORDED ■■/8/20■■ 2:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCurr CouRT, COLLIER COUNTY FLORIDA REC S■8.50 Stal"●・ |●ltl● Packet Page -624- 5/12/2015 16.A.12. tttt OR 4734 Pc 2520 ■■■ 2011 NOTARY PUBLiC My comlllission expi"s: CERTIFICATE OF SERVICE 二 昌二 呵諄■日 u冒 甲 cttaπ マ マ面滝tuc and corcct∞ "ofth｀ ORDERI:i駕 il墨 翌空 覧 跡 滸 (｀ど き 'Hi K LoJcwski and Carol E Nclson,330 Wilson Blvd S,Naplcs,FIorlda 34● Enforccment Board Stc 208 職 STATE OF FLORIDA Packet Page -625- 5/12/2015 16.A.12. INSTR 5032800 0R 5078 PG 3449 RECORDED 9/23/20■4 3:■8 PM PACES 3 0WIGHT E BROCK, CLERK OF THE CIRCU工 T COURT, COLL工 ER COUNTY FLORIDA REC S27 00 CODE ENFORCEMENT BOARD COLLIER COUNTV.FLORIDA CASE Nα :CESD2111180015799 BOARD OF COUNTY COMMISS10NERS, COLLiER COUNTY,FLORIDA, Peti::oner・ VS. VALORIE KoLOJEWSKl AND CAROLE E.NELSON, Respondents THlS CAUSE camc on Fines on November 22, 201 l, appropriate matters, hereupon s Motion for Imposition of respective to all Board, as follows: l. On September 22,201I,ofOrdinance 04-41, as amended. rhc Collier County t nd Development l[a) for a pool and garage conversion on estates zoned property without Collier violation covered the real property located at 330 Wilson Blvd. S., Naples, Florida 341 17, Folio 37220800008, mo.e particularly described as the South 150 feer ofTract 12, COLDEN GATE ESTATES, L,NIT 13, according to the map or plar thereofas recorded in Plat Book 7, Page 7l ofthe Public Records ofCollier County, Florida. An Order was ertcred by the Code Enforcement Board ordering Respondcnt to abata the violation on or before October 22,201 l, or a fine of$200.00 pcr day would be assessed for each day the violations continue thereaftEr until abatement is confirmed. (A copy ofthc Order is recorded at OR 4728, pc 859). Operational cons of$81-15 incured by the County in the prosecution ofthis case were ordered ro bc paid. Respondent, having been duly noticed for the public hearing rcgading the Counry's Motion, did not appearat the public hearing, and no legal defens€ lo lhe Motion was prcsentcd, No Request for Re-hearing or Appeal punua.nr to Ordinance 2007-44, as amended, has been timely filed. The violation has nol been abated as ofthe date ofheafing. Packet Page -626- 5/12/2015 16.A.12. じ R 5078 PC 3450 ORDER Based upon the foregoing Findings ofFact, and pursuant to the aurhority granted iD Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition ofFines is Granted. Daily fines of$200.00 per day arc assessed against the Respondent for 27 days for the period 6om October 23, 201 I to November 18, 201 I for a total amount of fincs of55,400,00. The previously assessed operational costs arc 58l,l5. Respondent is ordered to pay fines and costs in tie tolal amount of $!!!!.!l or be subjcct ro Notice ofAssessment of Lien against all propenies owned by Respondents in Collier County, Florida. The daily fine of$200.00 shall continuc to accruc until abatemcnt has been corfirmed by a Collier County Code EnforcemeI!t Investigator, DONE AND ORDEREDぬ ヽ 22“Day of Novembe■2ml and amended nun Pro mnc nお 1)day O嗅 年 L2m4“Ctter Coumル Π リセギ T,、 STATE OF FLORIDA COUNTY OF COLLIER) ne roregoing instrument was ‐留 1す 柵χ鷺 :)dr＼I Flo∥da,、vhO is Licensc as identification. NOTAKY PUBLIC My commission expires: PAYMENT OF FINES:Any nncs ordercd to be paid pursuantto thヽ Ordご rmり be paid atthe COHた r cOunty Codc Enforccment Dcpanment 2800 North Ho―hoe Drivc,Naplcs,FL 341“,fo″(239)252‐2343 Any ´ release oflien or confirmation ofcompliance or confirmation ofthe satisfadion ofthe obligations ofthis Order may also be obtained at fiis localion. APPEAL: Any aggrieved party may appeal a final order ofthe Board to the Circuit Court wirhin thirty (30) days ofthe cxecution ofthe Order appealed, An appeal shallnot be ahearing de novo,but shall be limired to appellaie review ofthe record created within the original hearing. lt is the rEsponsibility ofthe appealing party to oLiain a DWGHT E' BROCK, CLERK OF COURTS BOARD 駿 Packet Page -627- 5/12/2015 16.A.12. : 、)'lt OR 5078 PC 345■ '十 費 CERTIFICATE OF SERVICE KL●e艤 ∥齋晰晋∬謝 箇 鴇 鰤∬ヽ 出』1聖 llR認 鋼 訊 巴 軍 出 ち淑 re FloHda Bar No 75031】 Attomey forthe Code Enforcement Board 68:G∞dlette Road N"Stc 210 Naples,Florida 34 102 (239)263‐8206 Packet Page -628- 5/12/2015 16.A.12.