Agenda 07/07/2015 Item #16A167/7/2015 16.A.16,
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$148,112.29 for payment of 53,771.23, in the code enforcement action entitled Board of County
Commissioners v. Peter V. Schryver, Code Enforcement Special Magistrate Case No.
CESD20090011040, relating to property located at 4851 Catalina Drive, 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 $148,112.29, for payment of $3,771.23, in
relation to Code Enforcement Special Magistrate Case No. CESD20090011040.
CONSIDERATIONS: As a result of a code violation at 4851 Catalina Drive, which consisted
of an unpermitted shed, the Code Enforcement Special Magistrate ordered the imposition of a
lien against Peter V. Schryver in Case No. CESD20090011040. The lien was recorded in the
Official Public Records on February 1, 2011, at O.R. Book 4647, Page 2994. This lien
encumbers all real and personal property owned by Peter V. Schryver. The accrued lien amount
of $148,112.29 is based on 1,480 days of accrued fines ($100 per day from November 16, 2010
through December 4, 2014), plus $112.29 in operational costs. The property was brought into
compliance on December 4, 2014.
Following a foreclosure (Case No. 2008 -CA- 4291), a Certificate of Title was recorded on
October 24, 2013 in favor of Bank of America, N.A. 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 as long as
the existing owner has diligently pursued abatement and compliance has been achieved. The
owner has been actively maintaining the property and has paid a settlement of $3,771.23. The
owner is requesting the waiver of $144,341.06 in accrued fines.
FISCAL IMPACT: Payment of $3,771.23 has been, made representing $3,658.94 in accrued
fines and $11229 in operational costs. If approved by the Board, accrued fines in the amount of
$144,341.06 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 fonn and le 'gality. 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 $144,341.06, accept payment amount of $3,771.23, 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- 01030/1184333/1]
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Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
[15 -CED- 01030/1184333/1]
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7/7/2015 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $148,112.29 for payment of $3,771.23, in the code enforcement action
entitled Board of County Commissioners v. Peter V. Schryver, Code Enforcement Special
Magistrate Case No. CESD20090011040, relating to property located at 4851 Catalina Drive,
Collier County, Florida.
Meeting Date: 7/7/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
6/10/2015 10:18:41 AM
Approved By
Name: Wrightleff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 6/10/2015 12:51:24 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:11:48 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:13:33 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2015 10:33:30 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/20/2015 7:31:55 AM
Name: IsacksonMark
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7/7/2015 16.A.16.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/22/2015 9:39:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:34:07 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/25/2015 11:19:08 AM
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7/7/2015 16.A.16.
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:
Peter V. Schryver
Respondent
The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2994, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand one hundred twelve dollars and twenty -nine cents ($6,112.29), 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:
Date:
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20090011040
Date:
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INSTR 4521584 OR 4647 PG 2994 RECORDED 2/1/2011 9:53 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CESD — 2009 - 0011040
BOARD OF COUNTY COINTMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
PETER V. SCHRYVER,
Respondent.
THIS CAUSE came tiefore t
Motion for Imposition of Fines251111�
argument respective to all appro a LC
Special Magistrate, as follON s
�r
1. On October 15, 2010, Respondent
Edition, Chapter I Permits, Sectiar�t]
Section 10.02.06(B)(1)(a) for unpennt
located at 4551 Catalina Drive, Naples,
co
7/7/2015 16.A.16,
zrcial�sfiate for pub] q hearing upon the Petitioner's
mazy 4 —ZnQ�� 4,4e Special Ma�dstrate, having heard
crs,�h�r ugcm }s , e slFindings of Fact and Order of the
JDINGS OF ACTT „
found guilty of violatian/bf the Florida Building Code, 2007
and Collier Lan 13 elopment Code 04 -41, as amended,
t ,o .pzepen}�; �4fuch violation occurred on the property
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 15, 2010, or a fine of S100.00 per day .vould be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4621, PCB 2524).
3. Operational costs of S112.29 incurred by the Countv in the prosecution of this case were ordered to
be paid.
4. Respondent, having been duly noticed for the public hcan=u 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 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority gTanted in Chapter 162,
Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED:
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*** OR 4647 PG 2995 * ** 7/7/2015 16.A.16.
A. Petitioner's Motion for Imposition of Fines /Liens is granted.
B. Daily fines of 5100.00 per day are assessed against Respondent for 60 days for the period from
November 16, 2010 to January 14, 2011 for a total amount of fines of S6,000.00.
C. Respondent shall pay the previously assessed operational costs of S 112.29.
D. Respondent is ordered to pay fines and costs in the total amount of S6.1I2.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida.
E. The daily fine of 5100.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this �r, n day of J ;rf\k% 2011 at Collier County, Florida.
�l COLLIER COM
CODE ENFORCEMENT
ATE
ON
PAYIIIENT OF FINES: Any fines ordered j 'e . aid pilrrsuant to this order may be paid at the Collier
County Code Enforcement Department, 2bi)0 1�; f11..ois`eshbe Drive, Naples, FL 34104, fax 6(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 RIGHTS: 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 ,vithin 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 automaticalh stay the Special Magistrate's Order.
cc: Respondent(s) — Peter V. Schry ver
Collier Co. Code Enforcement Dept.
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