Agenda 06/09/2015 Item #16A 9 6/9/2015 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$88,577.29 for payment of $2,027.29, in the code enforcement action entitled Board of County
Commissioners v. Paul and Jacqueline Richards, Code Enforcement Board Case No.
CESD20100020099, relating to property located at 580 24th Avenue NE, 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$88,577.29, for payment of$2,027.29, in relation
to Code Enforcement Board Case No. CESD20100020099.
CONSIDERATIONS: As a result of a code violation at 580 24th Avenue NE, which consisted
of an unsecured pool with an expired permit for a pool barrier and no certificate of completion,
the Code Enforcement Board ordered the imposition of liens against Paul and Jacqueline
Richards in Case No. CESD20100020099. The lien was recorded in the Official Public Records
on July 12, 2012, at O.R. Book 4816, Page 1526. This lien encumbers all real and personal
property owned by Paul and Jacqueline Richards. The accrued lien amount of $88,577.29 is
based on 243 days of accrued fines ($250 per day from December 19, 2011 through August 17,
2012 for order items 1 & 3) and for 105 days of accrued fines ($250 per day from November 25,
2011 through March 8, 2015 for order items 2 & 4) plus $1,495 in abatement costs and $82.29 in
operational costs. The property was brought into compliance on August 17, 2012.
Following a foreclosure (Case No. 2012-CA-4060), the property was acquired by Bank of
America via a certificate of title which was recorded on January 23, 2015. The property was
then conveyed to the current owner, Ventures Trust on April 9, 2015. The foreclosed mortgage
predated the County's lien; therefore the county's lien was foreclosed and is not enforceable as
to this property.
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
$2,027.29. The owner is requesting a waiver of$86,550 in accrued fines.
FISCAL IMPACT: Payment of$2,027.29 has been made,representing $450 in fines, $1,495 in
abatement costs and $82.29 in operational costs. If approved by the Board, accrued fines in the
amount of$86,550 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
[1 5-CED-01023/1176944/1]
Packet Page-527-
6/9/2015 16.A.9.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $86,550, accept payment amount of $2,027.29, release the lien, and authorizes the
Chairman to sign the attached release and satisfaction of lien 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 and 2) Lien Order
[15-CED-01023/1176944/1]
Packet Page-528-
6/9/2015 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 a code enforcement lien with
an accrued value of$88,577.29 for payment of$2,027.29, in the code enforcement action
entitled Board of County Commissioners v. Paul and Jacqueline Richards, Code Enforcement
Board Case No. CESD20100020099, relating to property located at 580 24th Avenue NE, Collier
County, Florida.
Meeting Date: 6/9/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
5/5/2015 4:35:54 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 5/6/2015 1:23:51 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/6/2015 2:51:13 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 5/7/2015 4:40:05 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/20/2015 7:40:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/20/2015 10:35:27 AM
Name: IsacksonMark
Packet Page-529-
6/9/2015 16.A.9.
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/20/2015 11:03:27 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/22/2015 12:58:17 PM
Packet Page -530-
6/9/2015 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:
Paul and Jacqueline Richards
Respondents
The lien was recorded on July 12, 2012, in Official Records Book 4816, Page 1526, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventy-six thousand seventy-seven dollars and twenty-nine cents ($76,077.29), 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
CESD20100020099
Packet Page -531-
INSTR 4717096 OR 4816 PG 1526 RECORDED 7/12/2012 2:39 PM PAGES 2 6/9/2015 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,
COWER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20100020099
vs.
PAUL AND JACQUELINE RICHARDS,
Respondents ''\f„,1)... CO0,
71..HwER IMPOSING FINE/L
THIS CAUSE came on fot•pub1i ,ari be o e,Bpard on N vein 18,2011,after due notice to
Respondent at which time the Board heard testimo unde(oath,received evider e,and issued its Findings of Fact
and Conclusions of Law and there tpo /'. , ,♦: • *M ed t writing on November 22,2011,
•
and furnished to Respondents an was prde. 1' .1 . .. o f ier County,Florida at OR 4760,PG
560,et.seq.on January 31,2012. ,,. ,
LL
An Affidavit of Non-Compce has been filed with tie Board byhhatode Enforcement Official on June
20,2012,which Affidavit certified urtder.eath that the required �t€eet/ve etwn'has not been taken as ordered.
t" `.. . , i
Accordingly,it having been brcu the Board's attentio . tLRespondents have not complied with the
Order dated November 22,2011,it is here "•,, ., �\
ORDERED,that the Respondents,Pa rtidtIJ 596i4 hands,pay to Collier County fines in the
amount of$48,250.00(Order Items 1&3)at a rate o ay for the period of December 19,2011 through June
28,20I2(193 days),plus$26,250.00(Order Items 2&4)for the period of November 25,2011 through March 8,
2012(105 days),plus abatement costs of$1,495.00,plus operational costs of$82.29 for a total of$76,077.29.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to
Section 162.09 Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this , 1
�' day of ,2012 at Collier County,Florida.
CODE ENFORCEMENT BOARD
SUN �� � . CO • j1 'TY, ORIDA
Faun of COW l�.f'�
B r1L
I HEREBY CERTIFY•THAT.ths M a fl 2800 Non- - .'r
2800 Nort- es :e Drive
:orrect copy Qt s 1ocurtterti�OR.tlfe tit Naples, I• d. .• 04
Board Minut&s :ntf Rgcdras soar Coflier Coan
'Nr HESS m4 tail$ rrkf. t'�.1iii this
R •
. ti t ROG C EK *. ,.-o '� a r
te - "'y
, •
Packet Page -532-
*** oR 4816 PG 152 6/9/2015 16.A.9.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this J_day o ,g'A
2012,by-Robert Kaufman,Chair of the Code Enforcement Board of Coll' ',Conn Florida,who is
personally known to me or who has roduced a Florida Driv-r's License as identification.
,a�"' KRISTINE 7WENTE '
♦p��l
♦� VQf�•i
F's Notary Puelle•State of Florida �1 � S ITQ.1
� f My Comm.Expires Jun 18,2015 NOTARY PUBLIC
'....''',„....A.„ a Commission N EE 87272 My commission expires:
•'' FII,I• Bonded Through National Notary Assn.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mil Paul
Richards and Jacqueline Richards,580 24th Ave ue- , # les lorida 34120 this ay of
2012. ‘A ^
4 p __.9
”� MI.Je. $.wson,Eq.
L6Ft8ni1$`Bar��vTo.75031 .1
�
/_ _ $TGoodletie Road ,Sty.210
f "' �er4 orb .3�4-'
[ l t �39)2 0 v J
i✓ ` a)4 f t I
(---)/ _��..,,e K /
rJI= cI '
Packet Page -533-