Agenda 07/07/2015 Item #16A147/7/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$11,500 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. C. Gary Wilcox and Sonja R. Wilcox, Code Enforcement Special Magistrate
Case No. CEPM20140003896, relating to property located at 2118 44th Terrace SW, Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $11,500, for payment of $450, in relation to
Code Enforcement Special Magistrate Case No. CEPM20140003896.
CONSIDERATIONS: As a result of a code violation at 2118 40' Terrace SW, which consisted
of a boarded front window without the required Collier County Boarding Certificate, the Code
Enforcement Special Magistrate ordered the imposition of a lien against C. Gary Wilcox and
Sonja R. Wilcox in Case No. CEPM20140003896. The lien was recorded in the Official Public
Records on January 15, 2015, at O.R. Book 5112, Page 1397. This lien encumbers all real and
personal property owned by C. Gary Wilcox and Sonja R. Wilcox. The accrued lien amount of
$11,500 is based on 115 days of accrued fines ($100 per day from October 18, 2014 through
February 9, 2015). The property was brought into compliance on February 9, 2015.
Following a foreclosure (Case No. 2012 -CA- 1978), a Certificate of Title was recorded on
January 27, 2015 in favor of Federal National Mortgage Association. 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
in fines as settlement of the lien. The owner is requesting a waiver of $11,050 in accrued fines.
FISCAL IMPACT: Payment of $450 in fines has been made and if approved by the Board,
accrued fines in the amount of $11,050 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 $11,050, accept payment amount of $450, 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- 01 028/1184307/1]
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7/7/2015 16.A.14.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
[ 15 -CED- 01 028/1 1 84307/1
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7/7/2015 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $11,500 for payment of $450, in the code enforcement action entitled
Board of County Commissioners v. C. Gary Wilcox and Sonja R. Wilcox, Code Enforcement
Special Magistrate Case No. CEPM20140003896, relating to property located at 2118 44th
Terrace SW, Collier County, Florida.
Meeting Date: 7/7/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
6/10/2015 10:07:09 AM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 6/10/2015 12:50:52 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:03:39 AM
Name: PuiaJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:05:00 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2015 10:31:43 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/20/2015 7:31:28 AM
Name: IsacksonMark
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7/7/2015 16.A.14.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/22/2015 8:37:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 9:47:02 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 1:04:49 PM
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7/7/2015 16.A.14.
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:
C. Gary Wilcox and Sonja R. Wilcox
Respondents
The lien was recorded on January 15, 2015, in Official Records Book 5112, Page 1397, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand one hundred twenty -nine dollars and ninety -eight cents ($5,129.98), 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
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By: -
Deputy Clerk
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20140003896
Tim Nance, Chairman
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INSTR 5073716 OR 5112 PG 1397 RECORDED 1/15/2015 9:33 AM PAGES 2 7/7/2015 16.A.14.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20140003896
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
C. GARY WILCOX AND SONJA R. WILCOX,
Respondent,
THIS CAUSE came bbfbt*_,S t �iic hearing upon the Petitioner's
Motion for Imposition of Fine rv1 s 63\Rec 1{, a Special Magistrate, having heard
argument respective to all ap i m e� rss its Findings of Fact and Order of the
Special Magistrate, as follows. !
FINDINGS OF
i. On October 3, 2014, Resparirit► , found guilty o ittioof Collier County Code of Laws
and Ordinances, Chapter 22, Anti Ie Yi �� '' J %r a front window that is boarded
without obtaining a valid Collier Coin ` boa#i rficate, which violation occurred on the
property located at 2118 44th Terrace SW, Naples, FL, Folio #35750400006 (Legal Description:
GOLDEN GATE UNIT 2 BLK 27 LOT 8).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 17, 2014, or a fine of $100.00 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 5092, PG 1872).
3. Operational casts of $115.10 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.
5. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely fled.
6. The violation has not been abated as of the date of the hearing.
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* ** OR 5112 PG 1398 * **
7/7/2015 16.A.14.
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 fines of $100.00 per day are assessed against Respondent for 49 days for the period from
October 18, 2014 to December 5, 2014, for a total amount of fines of $4,900.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.10.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.88.
E. Respondent is ordered to pay fines and costs in the total amount of $5.129.98 or be subject to
Notice of Assessment of Lien against all!propedies owned by Respondent in Collier County,
Florida. Coo
F. The daily fine of $1 Q0.00 shalcrtin a accrue until aayrzint has been confirmed by a Collier
County Code EnforcemerInve
DONE AND ORDERED this a `r� -, b a; Collier County, Florida.
'� I I
State of Florida " t�..� -fi` (d> R C 1UNT QDE ENF0RCEMENT
County of COLUSR ?''� f \ , \,� SPECI ix AJ asi &A m
I HEREBYGERT4i= THAT ihi$ isa ttt `Aad� t
carrect cyofa.`docun
Board Mintzes a.od Recar of CQNier Col
St►?Y r ial seal this
dayoi�0( 4. L. t: NDA C. TSON
DWIGHT E. BROCK, UERnnKOF COURTS
PAYM 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, phone 4
(239) 252 -2440, or %vww.colliergov.nct. 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 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.
cc: Respondent —C. Gary Wilcox and Sonja R. Wilcox
Collier Co. Code Enforcement Dept.
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