Agenda 05/26/2015 Item #16A11 5/26/201516.A.11.
n
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$14,211.50 for payment of $1,661.50, in the code enforcement action entitled Board of County
Commissioners v. Lisa Lynnette Titus, Code Enforcement Special Magistrate Case No.
CEPM20130002193,relating to property located at 902 Bluebird Street,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$14,211.50,for payment of$1,661.50,in relation
to Code Enforcement Special Magistrate Case No. CEPM20130002193.
CONSIDERATIONS: As a result of a code violation at 902 Bluebird Street for an
unmaintained pool, the Code Enforcement Special Magistrate ordered the imposition of a lien
against Lisa Lynnette Titus in Case No. CEPM20130002193. The lien was recorded in the
Official Public Records on August 14, 2013, at O.R. Book 4955, Page 500. The lien encumbers
all real and personal property owned by Lisa Lynnette Titus. In case No. CEPM20130002193,
the accrued lien amount of$14,211.50 is based on 52 days of accrued fines ($250 per day from
May 11, 2013 through July 1, 2013) plus $112.20 in operational costs and $1,099.30 in
abatement costs. The violation was abated on July 1,2013.
Following a foreclosure (Case No. 2012-CA-369), Wells Fargo Bank,NA acquired the property
via certificate of title which was January 2, 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
$1,661.50. The owner is requesting a waiver of$12,550 in accrued fines.
FISCAL IMPACT: Payment of$1,661.50 has been made, representing $450 in fines, $112.20
in operational costs and$1,099.30 in abatement costs. If approved by the Board,accrued fines in
the amount of$12,550 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 $12,550, accept payment amount of $1,661.50, 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-01020/1175169/1]
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5/26/2015 16.A.11.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
[15-CED-01020/1175169/1]
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5/26/2015 16.A.11 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$14,211.50 for payment of$1,661.50, in the code enforcement action
entitled Board of County Commissioners v. Lisa Lynnette Titus, Code Enforcement Special
Magistrate Case No. CEPM20130002193, relating to property located at 902 Bluebird Street,
Collier County, Florida.
Meeting Date: 5/26/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
4/28/2015 2:36:10 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 4/30/2015 11:34:45 AM
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 4/30/2015 12:53:08 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/30/2015 3:05:51 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/5/2015 7:34:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2015 8:33:15 AM
Name: IsacksonMark
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Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 5/5/2015 9:39:34 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/5/2015 12:59:40 PM
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5/26/2015 16.A.11.
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:
Lisa Lynnette Titus
Respondent
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 500, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
fourteen thousand two hundred eleven dollars and fifty cents ($14,211.50), 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
1727://(
Kevin Noell
Assistant County Attorney
CEPM20130002193
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INSTR 4878127 OR 4955 PG 500 RECORDED 8/14/2013 11:32 AM PAGES 2 5/26/2015 16.A.11 .
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20130002193
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
LISA LYNNETTE TITUS,
Respondent,
ORDER O -k E SPECIAL'MA ?JSTRATE
/ LIMPOSING FINES/LIN \
/ c, `__ ,
THIS CAUSE came before th ial-A�agistru e for publik hearing upon the Petitioner's
Motion for Imposition of Fit7es(LS 1�'4 ;�• a 1 Special Magistrate, having heard
argument respective to all appropria m to ; e 4 s*e-'its'Findings of Fact and Order of the
Special Magistrate,as follows i� i , `,
it
\,`r';` FINDINGS OF ,CT) .�
\ ,om / ,, i 1
1. On May 3,2013,Respon� Un�found guilty of viol yn' f ollier County Code of Laws and
Ordinances,Chapter 22 BuiRidra wilding atio ,Article VI Property Maintenance
Code,Section 22-231(15)for an al tai ch violation occurred on the property
located at 902 Bluebird Street,Naples, r 482680003(Legal Description:FLAMINGO
EST BLK D LOT 6).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 10,2013,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 4922,
PG 613).
3. Operational costs of$112.20 incurred by the County in the prosecution of this case have not been
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 2010-04 has been timely filed.
6. The violation has been abated as of July 1,2013.
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*** OR 4955 PG 501 *** 5/26/2015 16.A.11.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2010-04,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 52 days for the period from
May 11,2013 to July 1,2013,for a total amount of fines of 513,000.00.
C. Respondent shall pay the previously assessed operational costs of$112.20.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of$1,099.30.
E. Respondent is ordered to pay fines and costs in the total amount of$14,211.50 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
DONE AND ORDERED this. y of US 113 Collier County,Florida.
t•Elin t r. �►^ ODE ENFORCEMENT
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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 nova,
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.
State of Florida
cc: Respondent—Lisa Lynnette Titus County of COLLIER
Collier Co.Code Enforcement Dept.
I HEREBY CERTIFY THAT this is•a true'and
correct copy of a document on fileitt,
Board Minutes and Records'of Collier Coun t}i. •
WITNESS my ha^ and off ial seal:this
13ay of
IGHT E. OCK,CLERK OF COORTS ..
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