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Agenda 05/26/2015 Item #16A 9 5/26/2015 16.A.9. n EXECUTIVE SUMMARY Recommendation to approve the release of (2) code enforcement liens with a combined accrued value of$124,750 for payment of$450, in the code enforcement actions entitled Board of County Commissioners v. Gwendolyn Green, Code Enforcement Board Case Nos. CENA20120006825 and CENA20120015339,relating to property located at 3675 10th Ave. SE,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release (2) code enforcement liens with a combined accrued value of$124,750, for payment of $450, in relation to Code Enforcement Board Case Nos. CENA20120006825 and CENA20120015339. CONSIDERATIONS: As a result of a code violation at 3675 10th Ave. SE.,which consisted of the accumulation of litter consisting but not limited to, refuse, clothes, boxes, assorted metals, plastics, wood and tires, the Code Enforcement Board ordered the imposition of liens against Gwendolyn Green in Case Nos. CENA20120006825 and CENA20120015339. The liens were recorded in the Official Public Records on July 11, 2013, at O.R. Book 4942, Page 3727 and at O.R. Book 4942, Page 3729, respectively. These liens encumber all real and personal property owned by Gwendolyn Green. In case No. CENA20120006825, the accrued lien amount of $122,000 is based on 244 days of accrued fines ($500 per day from August 31, 2012 through May 1, 2013). In case No. CENA20120015339 the accrued lien amount of$2,750 is based on 55 days of accrued fines ($50 per day from March 18, 2013 through May 1, 2013). The property n was brought into compliance on May 1,2013. Following a foreclosure (Case No. 2012-CA-1616), Otto Ventures, LLC acquired the property via foreclosure and a certificate of title was recorded on July 14, 2014. 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 within 30 days. The property is being actively maintained and the owner has paid $450. The owner is requesting a waiver of$124,300 in accrued fines. FISCAL IMPACT: Payment of$450 has been made. Operational and abatement costs in the amount of $1,690.86 were previously paid. If approved by the Board, accrued fines in the amount of$124,300 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 [15-CED-01016/1171303/1] Packet Page-418- 5/26/2015 16.A.9. RECOMMENDATION: That the Board of County Commissioners waive the fines in the amount of $124,300, accept payment amount of $450, release the liens, and authorize the Chairman to sign the attached releases 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 [15-CED-01016/1171303/1] Packet Page-419- 5/26/2015 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve the release of(2) code enforcement liens with a combined accrued value of$124,750 for payment of$450, in the code enforcement actions entitled Board of County Commissioners v. Gwendolyn Green, Code Enforcement Board Case Nos. CENA20120006825 and CENA20120015339, relating to property located at 3675 10th Ave. SE, Collier County, Florida. Meeting Date: 5/26/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator,Code Enforcement 4/17/2015 11:52:28 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 4/20/2015 3:43:12 PM Name: WrightJeff Title: Division Director-Code Enforcement, Code Enforcement Date: 4/27/2015 9:41:34 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 4/29/2015 1:11:06 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 5/5/2015 7:17:01 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/5/2015 8:30:36 AM Name: IsacksonMark Packet Page-420- 5/26/2015 16.A.9. Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 5/5/2015 9:41:16 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/5/2015 1:00:22 PM Packet Page-421- 5/26/2015 16.A.9. This Instrument Prepared By: Jeff Wright Code Enforcement Division 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: Gwendolyn Green Respondent The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3729, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand eight hundred sixty dollars and fifty-seven cents ($2,860.57), 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 CENA20120015339 Packet Page-422- 5/26/2015 16.A.9. • This Instrument Prepared By: Jeff Wright Code Enforcement Division 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: Gwendolyn Green Respondent The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3727, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred twenty-three thousand five hundred eighty dollars and twenty-nine cents ($123,580.29), 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 CENA20120006825 i Packet Page-423- INSTR 4864338 OR 4942 PG 3727 RECORDED 7/11/2013 10:40 AM PAGES 2 5/26/2015 16.A.9. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CENA20120006825 vs. GWENDOLYN GREEN, Respondent AMEND Illai crte�rat o$ 4FwE/LIEN THIS CAUSE came on for public ' g before the Board on.A 't 23,2012,after due notice to Respondent at which time the Board)earl t" nny under oath,receive evidence,and issued its Findings of Fact and Conclusions of Law and thereupon is ue� ral Oi2lerwhickwas reduced\to writing on October 30,2012,and furnished to Respondent and was recorded in the Public-It cords otCollier County,Florida at OR 4853,PG 1144, et.seq.on November 8,2012 covering el ro> c�ed at 7 t f kvenne S.E.,Naples,Florida 34117, Folio 41044640003,more particularly described as kh West 7 o t 0 feet of Tract 56 of GOLDEN GATE ESTATES,UNIT 83,according td the platele�iPlat Btok;S,Page 22,of the Public Records of Collier County,Florida. \3;1,. / J t✓,, _ ! f l An Affidavit of Compliance Fran been filed with the BoatIiy the.,,syEnforcement Official on May 1, 2012,which Affidavit certified under c;affrilrat the required corrective"'aetihuhas been taken as ordered. Accordingly,it having been brought=to the ' ttek2r that the County has abated the violation or the Order dated October 30,2012,it is hereby ORDERED,that the Respondent,Gwendolyn Green,pay to Collier County fines in the amount of $122,000.00 (Order Items I &2)at a rate of S500/day for the period of August 31,2012 through May 1,2013(244 days),plus the abatement cost of$1,500.00, plus the operational costs of$80.29,for a total of$123,580.29. 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 3 day of . .d 2013 at Collier County,Florida. • NF• ENTB COLLIER CO I 'CORIDA State of Floada Y: ../�tG.'.�1 - County of COLLiE:4' . • ••.-rt Ka a ,C air •Y}":7.' 2800 " •ors- o- • 've I HER=S'{ this a true and Na: es, 04 correct copy cc nt'on f!e in Board fi.:;t t z4?.d : cords of Collier_county WITH:SS my i`spd ;n ' `icial seal`this "NIGHT E.BROCK.CLERK OF COURTS •_ ! D.C. / Packet Page -424- ** oR 4942 PG 3728 **t 5/26/2015 16.A.9. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 3 The fo ing instrument was acknowledged before me this ✓ day of 2013 y Robert Kaufman,Chair of the Code Enforcement Board of Col ie County arida,who is personally known to me or who as roduced a Fl Driver's License as identification. rex) vc.....(res- :0�" KAREN G BAILEY N TARY PUBLIC ',1 •'z MY COMMISSION tt EE8751 �,��_ commission expires: ;+•;,4",' EXPIRES February 14,2017 14";..ve e.s. r`3"d'"°'°"94"ti`°°" CER IFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen+.y U.S.Mail to Gwendolyn Green,3675 l0"'Avenue S.E.,Naples,,-Florida-34-1.17 this�day of _. 013. 'lam -- . v M.Jeat( awsott,#s3q\ // Florida Bar No.750311\ / / 681-Goodtette Road'N.,Ste.210 7 1� / _Naples,Florida 34012(-07,4r `a ,.., L )„, .� t /�� 1,, 7 ,,,,,... ,,,, „. ...., ...„,,,,, / \\,2,..,„„_,,,:....,„, -,,.....„ LirE „..:,,,,,_,,,, ......„ ............ Packet Page -425- INSTR 4864339 OR 4942 PG 3729 RECORDED 7/11/2013 10:40 AM PAGES 2 5/26/2015 16.A.9. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CENA20120015339 vs. GWENDOLYN GREEN, Respondent ORDER IMPOSING-FINE/LIEN R. L THIS CAUSE came on for public Sri' ore e t d'oirFebruary 28,2013,after due notice to Respondent at which time the Board heard'testimony under oath,receive.$-evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 4,2013,and furnished to Respondent and was recorded inthe P b te-Records!of CollieirCouiity,Florida at OR 4895,PG 2438, et.seq.on March 13,2013 covering theft-cal p per jcated at 367,5 106 Avenue S.E.,Naples,Florida 34117,Folio 41044640003,more particularly described ,A ,Cs S ,Tg et 56 of GOLDEN GATE ESTATES,UNIT 83,according to the'latfthereof,recor ut.PI o Page 22,of the Public Records of Collier County,Florida. 4t �} i', 1 f � !. 1, I=— An Affidavit of Compliance bas been filed with the Boar44,by the Code,Enforcement Official on May 1, 2013,which Affidavit certified underoaJthat the required correaive actiun`tas been taken as ordered. Accordingly,it having been brdight o the Board's attention thattheCounty has abated the violation of the Order dated March 4,2013,it is hereby ORDERED,that the Respondent,Givennot Grcetsl -to-Collier County fines in the amount of S2,750.00(Order Items l &2)at a rate of$50/day 1'br1hepperiod of March 8,2013 through May 1,2013(55 days), plus the abatement cost of$30.00,plus the operational costs of$80.57,for a total of$2,860.57. 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 3 day of IA 113 at Collier County,Florida. t 1.E • ORC=MEN BOA: OLLIE. s. TY,j •'s DA ,rte • . �� Slate otForida Re.e Kau .!rf County of COLLIER .801 o a Drive N. es, rs i.F 4104 I HEREBY CERTIFY THAT this is a true and correct cor•of,,dc,oument gn31k in ' co3!d :?s R3cor isof.0^t1 Coon`y;-, 4i f:c S Jy( JsinC.4..`ca!S'c91lhls 9.41^.d of�aa5 :. DWIGHT E.EROCh,l iC�RR iOr CCLJRTS Packet Page -426- *** OR 4942 PG 3730 5/26/2015 16.A.9. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The forego'ng instrument was acknowledged before me this day of , 2013,b obert Kaufman,Chair of the Code Enforcement Board of Co lie,Coun 4 Florida,who is personally known to me or who has „roduced a Fl Driver's License as identification. ;,-•;':1 ; KAREN G BAILEY 'OTARY PUBLIC 4 Ay commission expires: :"E MY COMMISSION A EE875121 7,�" EXPIRES February 14,2017 !AV; �' CERTIFICATE OF SERVICE �9E-055� Fb.iA�NoterySe.6eodn I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent i U. .Mail to Gwendolyn Green,3675 10'"Avenue S.E.,Napplle&-Flori.. this ?j day of _LI 2013. / M.Jet Rawson9•' / (71(-17'1'14-2"7�-----Florida Bar No.750,31 1" L: s62-t-6oedlette Road Ste,210 1.._N les,Florida 3401 1 1 ,,,�\\ -'n' / `' ' Packet Page-427-