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Agenda 06/23/2015 Item #16A 96123/2015 16.A.9. EXECUTIVE SUMMARY Recommendation to approve the release of (3) code enforcement liens with a combined accrued value of 517,718.57 for payment of 54,768.57, in the code enforcement actions entitled Board of County Commissioners v. Sidney John Hubschman, Code Enforcement Board Case No. CEPM20130019061 and Code Enforcement Special Magistrate Case Nos. CENA20130019057 and CENA20140016288, relating to property located at 2600 Coach House Lane, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release (3) code enforcement liens with a combined accrued value of $17,718.57, for payment of $4,768.57, in relation to Code Enforcement Board Case No. CEPM20130019061 and Code Enforcement Special Magistrate Case Nos. CENA20130019057 and CENA20140016288. CONSIDERATIONS: As a result of various code violations at 2600 Coach House Lane, as reflected below, the Special Magistrate and Code Enforcement Board ordered the imposition of three liens against 2600 Coach House Lane as follows (in chronological order based on lien recording date): The lien in Case No. CENA20130019057 was recorded in the Official Records on May 23, 2014, at O.R. Book 5040, Page 2344 (weeds in excess of 18 inches throughout property). The lien amount of $2,264.21 is based on 40 days of accrued fines ($50 per day from February 15, 2014 through March 26, 2014) plus $229.21 in operational costs and $35 in abatement costs. The property was brought into compliance on March 26, 2014. The lien in Case No. CEPM20130019061 was recorded in the Official Records July 16, 2014, at O.R. Book 5058, Page 1895 (swimming pool not being maintained creating an unhealthy condition). The lien amount of $13,789.08 is based on 40 days of accrued fines ($250 per day from April 4, 2014 through May 13, 2014) plus $126.88 in operational costs and $3,662.20 in abatement costs. The property was brought into compliance on May 13. 2014. The lien in Case No. CF-NA20140016288 was recorded in the Official Records on April 29, 2015, at O.R. Book 5145, Page 1135 (repeat violation of weeds in excess of 18 inches throughout property). The lien amount of $1,665.28 is based on 25 days of accrued fines ($50 per day from January 24, 2015 through February 17, 2015) plus $230.28 in operational costs, $150 in civil penalty and $35 in abatement costs. The property was brought into compliance on February 17, 2015. Following a foreclosure (Case No. 2012 -CA- 0379), the property was acquired by Wilmington Savings Fund Society, et al. via a certificate of title which was recorded on April 24, 2015. The foreclosed mortgage predated the County's liens; therefore the county's liens were foreclosed and are not presently 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 [ 15- CED -01 024/1179159/11 Packet Page -672- 6/23/2015 16.A.9. achieved within 30 days. The property is being actively maintained and the owner has paid $4,768.57. The owner is requesting a waiver of $12,950 in accrued fines. FISCAL IMPACT: Payment of $4,768.57 has been made, representing $4,239.08 in fines and $529.49 in operational costs. If approved by the Board, accrued fines in the amount of $12,950 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 $12,950, accept payment amount of $4,768.57, 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 (3) 2) Lien Orders [ 15 -CED- 0 1024/1179159/1 ] Packet Page -673- 6/23/2015 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 (3) code enforcement liens with a combined accrued value of $17,718.57 for payment of $4,768.57, in the code enforcement actions entitled Board of County Commissioners v. Sidney John Hubschman, Code Enforcement Board Case No. CEPM20130019061 and Code Enforcement Special Magistrate Case Nos. CENA20130019057 and CENA20140016288, relating to property located at 2600 Coach House Lane, Collier County, Florida. Meeting Date: 6/23/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 5/14/2015 9:40:12 AM Approved By Name: WrightJeff Title: Division Director - Code Enforcement, Growth Management Department Date: 5/19/2015 11:17:08 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 5/19/2015 11:33:12 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 5/20 /2015 4:05:35 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/5/2015 9:53:44 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/5/2015 10:37:09 AM Packet Page -674- 6/23/2015 16.A.9. Name: lsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/9/2015 9:19:11 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/10/2015 11:15:00 AM Packet Page -675- 6/23/2015 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: Sidney John Hubschman Respondent The lien was recorded on April 29, 2015, in Official Records Book 5145, Page 1135, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one thousand six hundred sixty -five dollars and twenty -eight cents ($1,665.28), 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 go Date: By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney CENA20140016288 Date: Packet Page -676- 6/23/2015 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: Sidney John Hubschman Respondent The lien was recorded on July 16, 2014, in Official Records Book 5058, Page 1895, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirteen thousand seven hundred eighty -nine dollars and eight cents ($13,789.08), 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 Deputy Clerk 1A Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney CEPM20130019061 Tim Nance, Chairman Packet Page -677- 6/23/2015 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: Sidney John Hubschman Respondent The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2344, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand two hundred sixty -four dollars and twenty -one cents ($2,264.21), 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 f Kevin Noell Assistant County Attorney CENA20130019057 Packet Page -678- INSTR 5008120 OR 5058 PG 1895 RECORDED 7/16/2014 3:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. SIDNEY JOHN HUBSCHMAN, Respondent THIS CAUSE came on for public Fines,!Liens on June 20, 2014, and thereupon issues its Findings of Ft YER C'fjt ;, as CASE NO.: CEPM20130019061 oard upon the Petitioner'$ Motion for Imposition 'Hiu argument respective`to a] I appropriate matters 6/23/2015 16.A.9. 1{ (l RIAr{?P+iG3 pt �,4CIt.' v,/ �1 1. On March 27, 2014,espgndent was found to be is violation of Collier County Code of Laws and Ordinances, Chapter-212, Buildings iind,Building Regulations, Aiticle V3, Pro�c' Maintenance Code, Section 22- 23] (l5), which violation covered thh;real property located at 2606'Coacb-'House Lane, Naples, Florida, 34105, Folio 30550000054 (Legal description`-:'EASTON PARK AT COACH 00'USE LANE LOT 1). 2. An Order was entered on lvlarc} , -2Q,14 which Nv. s'"recnr`dc� in the Public Records of Collier County, Florida at OR 5025, PG 166, et. S'4, 0n 4*l9; ?014 3. An Affidavit of Compliance was flied- witiLthe Boers by the Code Enforcement Official on May 13, 2014, which Affidavit certified under oath that the required corrective action has been taken by the County. 4. The violation has been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007 -44, as amended, it is hereby ORDERED: 1. Petitioner's Motion for Imposition of Fines2.iens is granted. 2. Daily fines of 5250 .00 per day are assessed against the Respondent for 40 days for the period from April 4, 2014 to May 13, 2014 for a total amount of fines of 510,000.00. 3. The previously assessed operational costs of $63.74 have not been paid. The operational costs are 563.14 for this hearing. Abatement costs of 53,662.20 have not been paid. 4. Respondent is ordered to pay fines and costs in the total amount ofS13,789.08 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida. Packet Page -679- * ** OR 5055 PG 1896 * ** DONE AND ORDERED this �1 day of STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 4 at Collier County, Florida. BOARD 2800 o Ho eshoe Drive Naill e lori 34104 The foregoing instrument was acknowledged before me this day of 20 isy Robert Kaufman, Chair of the Code Enforcement Board of Col ier ounty orida, who is ✓✓ personally known to me or whahaproueed aF-Igtida Dr er's License as identification. C NV RYyPU PAYMENT OF FINES: Any fines c Code Enforcement Department, 2800 release of lien or confirmation ofcom may also be obtained at this location.; APPEAL: Any aggrieved party rna5' alipeal a final order of the.B'oard io of the execution of the Order appealarl:` Xn appeal shall not be a tieaLifir,- review of the record created within the,ori�inaJ. hearing. It is the respons' transcribed record of the hearing from the.Cler - 9 €- Courts. Filings Apk Board's Order. CERTIFICATE OF SERVICE 6/23/2015 16.A.9. KAREN G BAILEY MY CcgAMISSION x EESTS121 EXPIRES February 14. 2017 � ':n7; ;up ]15? fb�da"1eurySe'.be mm r4e,r may be paid at the Collier County %341 i 04,i fax n (239) 252 -2343. Any action of the obligations of this Order r theXircuit Court Nvithin thirty (30) days te'77oro, but shall be limited to appellate 331ity' of the appealing party to obtain a eal will not automatically stay the I HEREBY CERTIFY that a true and correct copy of this OFDER has been ent by U. S. Mail to Sidne,, John Hubschman, 2600 Coach House Lane, Naples, FL 34105 this day of 014. Qzf M. 3egft'Rawson, Esq. Florida Bar No. 750311 681 Goodlette Road N., Ste. 210 Naples, Florida 34012 (239) 263 -8206 Stave o' Florida County of COLi.iER I HEREBY CF{ rT iFY.'(Kkf ttiiis is a true and corre:tc.o.q'cf In- Bcaidit „ifiu = nd'R -=da af. Collier County V., ni �?`d �n� c`t`ci2t seal Chi; D`YJiGHT:. ;ROCK' LE,RK OF COUrRTS Packet Page -680- INSTR 4986221 OR 5040 PG 2344 RECORDED 5/23/2014 9:16 AM PAGES 2 6/23/2015 16.A.9. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 118.SO COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -- CENA20130019057 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. SIDNEY JOHN HUBSCIIMAN Respondent. / `IMPOSING FINESILIENS THIS CAUSE came before the Spcdial- 'hfaszistrate for public hearing upon the Petitioner's Motion for imposition of FineslLie s q 1 y� 2,—�2b 14 8� � t3 �I:�e0 l Magistrate, having heard argument respective to all appropriate matters,! hereupon i issues,,its- 'Fthdin-s iof Fact and Order of the Special Magistrate, as follows: `•� FINDII�TGS OF >r�GT' 1. On February 7, 2014, Responderit-Avas found guilty oflliolaiior of Collier County Code of Laws and Ordinances, Chapter 54, �Art�cie (, Section 54= 18>(b.�-or weeds in excess of 18 inches at this Iocation, which violation occurred dr1_#h6,ptaperty -1ocated at 2600 Coach House Lane, Naples, FL, Folio X30550000054 (Leg I Description: EASTON PARK AT COACH HOUSE LANE LOT 1). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 14, 2014, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abaterncnt is confirmed. (A copy of the Order is recorded at OR 5010, PCi 3495). Operational costs of $115.18 incurred by the County in the prosecution of this case were ordered to be 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. S. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been timely filed. 6. The violation has been abated as of March 26, 2014. Packet Page -681- * ** OR 5040 PG 2345 *** ORDER 6/23/2015 16.A.9. Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007 -44, as amended, it is hereby ORDERED: A. Petitioner's Motion for Imposition of FinesUens is granted. B. Daily fines of $50.00 per day are assessed against Respondent for 40 days for the period from February 15, 2014 to March 26, 2014, for a total amount of fines of $2,000.00. C. Respondent shall pay the previously assessed operational costs in the amount of $115.18. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $114.03. E. Respondent shall pay the abatement costs incurred by the County in the amount of $35.00. F. Respondent is ordered to pay fines and- 9sts inTR total amount of S2.264.2I or be subject to Notice of Assessment of Lien aga nst r, - propertids. -0wned,by Respondent in Collier County, Florida. DONE AND ORDERED this 2014 at Collier County, Florida. j r / " (,COL'LI#✓ ,qOU1a'TY CODE Elr FORCE9iENT ! SPECIAL ,N G1S TRA`TE z } : "CAR SOti PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier Count}" 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 sha(1 not be a hearing de r:oro. 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 Ma4aistrate's Order. cc: Respondent(s) — Sidney John Hubschman Collier Co. Code Enforcement Dept. Packet Page -682- Scale n: �:i,,rida County of { t 1E tCu V =R ^Y I nl ftsis 2 t", e_and corrccl COF ' a e r J hli.nu es cs tai County _ {� "ai a G`IC•a Scal MIS Zav of, ^WISH E. �.00K, L�RF; Ct MCP 7PiaC. -V INSTR 5114395 OR 5145 PG 1135 RECORDED 4/29/2015 9:02 AM PAGES 2 6/23/2015 16.A.9. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CENA20140016288 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. kill ►1 • :1► a JS •lulu a Respondent. 1 % TW,OSING FINES/L'IENSs -,,. THIS CAUSE came before,-'the -- 5pecial~-hinistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens can A 3;,1015, Land the': Special Magistrate, having heard argument respective to all appropriate; matters, here "h issuesjts`Findings of Fact and Order of the -- Special Magistrate, as follows: FINDINGS OF F'„ACT 1. On January 16, 2015, Respondent was found guilty ofviolatio"n- of Collier County Code of Laws and Ordinances, Chapter 54; Jlrticie VI, Section 54- 185(bj fora repeat violation of weeds in excess of 18 inches at this location; which- violation °ocga`rred on the property located at 2600 Coach House Lane, Naples, FL, F61i i4 055Q00Q5 'XLcgal Description: EASTON PARK AT COACH HOUSE LANE LOT 1). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before January 23, 2015, or a fine of $50.00 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 51 16, PG 3763). 3. Operational costs of $115.25 incurred by the County in the prosecution of this case were ordered to be paid. 4. A Civil Penalty of $150.00 for the repeat violation was ordered to be paid. 5. 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. 6. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been timely filed. 7. The violation has been abated as of February 17, 2015. Packet Page -683- TM ** OR 5145 PG 1136 6/23/2015 16.A.9. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007 -44, as amended, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily tines of $50.00 per day are assessed against Respondent for 25 days for the period from January 24, 2015 to February 17, 2015, for a total amount of fines of $1,250.00. C. Respondent shall pay the previously assessed operational costs in the amount of $115.25. D. Respondent shall pay the previously assessed civil penalty in the amount of $150.00. E. Respondent shall pay the abatement costs incurred by the County in the amount of $35.00. F. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $115.03. G. Respondent is ordered to pay f and`costs�mthe� tstta:aount of $1.665.28 or be subject to Notice of Assessment of Lien against all properties owned,bF Respondent in Collier County, Florida.f DONE AND ORDERED this` daq V1`f�;,261 at Collier County, Florida. j � y Y �_ ' ' ,_­S OTIT IT R CUIJNTT 'CODE ENFORCENrEN'T SPECIAL MAGIS'TR`ATE "'d6A C. GAR SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone n (239) 252 -2440, or w-ww.colliergov.net. 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 novo, but shalt 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. cc: Respondent - Sidney John Hubschman Collier Co. Code Enforcement Division Packet Page -684- State of Ronda County of 001LLhR B lh �. I f?�R CR;r, �,N�tris is jtru6 a rid =J'ect copy of a d'­.,-nehTbn f le"in- Soar ;.:1 ru!cs a ^fit �Kds oii- Xt er :Cwrrfy 1 "�iT�p nay lh�iG�i7 E. BP ^K, CLERKO�COURTS