Agenda 10/13/2015 Item #16A1510/13/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$172,281.15 for payment of $531.15, in the code enforcement action entitled Board of County
Commissioners v. Michael Zager and Paula J. Rhoads, Code Enforcement Board Case No.
CESD20110015948, relating to property located at 557 Cypress Way E., Collier County, Florida.
OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release
a code enforcement lien with an accrued value of $172,281.15, for payment of $531.15, in
relation to Code Enforcement Board Case No. CESD20110015948.
CONSIDERATIONS: As a result of a code violation at 557 Cypress Way E., consisting of
remodeling and alterations to inside and outside of the house without first obtaining the proper
Collier County permits and inspections, the Code Enforcement Board ordered the imposition of a
lien against Michael Zager and Paula J. Rhoads, in Case No. CESD20110015948. The lien was
recorded in the Official Records on September 5, 2012, at O.R. Book 4832, Page 1993, and it
encumbers all real and personal property owned by Michael Zager and Paula J. Rhoads. The lien
amount of $172,281.15 is based on 1,148 days of accrued fines ($150 per day from June 26,
2012 through August 17, 2015) plus $81.15 in operational costs. The property was brought into
compliance on August 17, 2015.
The property was acquired by Bradley J. Dockter via Special Warranty Deed recorded on June 9,
2015. Mr. Dockter brought the property into compliance after accruing additional fines for 39
days beyond the 30 day "grace" period due to his filing of eviction proceedings on the tenant that
was inhabiting the residence. He was unable to take full possession of the home in order to bring
it into compliance until July 2, 2015 according to his letter attached. He immediately worked on
bringing the home into compliance.
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. The property is being actively maintained and the owner has paid $531.15 in of
accrued fines. The owner is requesting a waiver of $171,750 in accrued fines.
FISCAL IMPACT: Payment of $531.15 has been made in settlement, representing $450 in
accrued fines, plus $81.15 in operational costs. If approved by the Board, accrued fines in the
amount of $171,750 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
[I 5-CED-01 056/1209332/1 ]
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RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $171,750, accept payment amount of $531.15, release the lien, and authorize 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
2) Lien Order
3) Letter from Mr. Dockter
[I 5-CED-0 1056/12093 32/1 1
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10/13/2015 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $172,281.15 for payment of $531.15, in the code enforcement action
entitled Board of County Commissioners v. Michael Zager and Paula J. Rhoads, Code
Enforcement Board Case No. CESD20110015948, relating to property located at 557 Cypress
Way E., Collier County, Florida.
Meeting Date: 10/13/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
9/2/2015 2:50:58 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/14/2015 4:43:30 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/14/2015 4:44:09 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 9/17/2015 11:23:47 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 9/17/2015 11:28:43 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/21/2015 9:02:01 AM
Name: IsacksonMark
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Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget n
Date: 9/21/2015 9:27:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:46:42 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/24/2015 2:24:27 PM
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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:
Michael Zager and Paula J. Rhoads,
Respondents
The lien was recorded on September 5, 2012, in Official Records Book 4832, Page 1993 in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eight
thousand nine hundred thirty -one dollars and fifteen cents ($8,931.15), 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
In
Deputy Clerk
By:
Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noel[
Assistant County Attorney
CESD20110015948
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INSTR 4736129 OR 4832 PG 1993 RECORDED 9 /5/2012 12:20 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.
MICHAEL ZAGER AND PAULA J. RHOADS,
Respondents
CASE NO.: CESD201100I5948
THIS CAUSE came on for public like hgbrelore the Boaia t4i.YgefV`26
Respondents at which time the Board heafduestdmonv under oath, receivedi'viat
and Conclusions of Law and thereupon ssuec��ral irder which was reduced
furnished to Respondents and was rec,;rded` in tht� -Powic Reco�s -OT Collier Chou.
et, seq. on May 9, 2012 covering the real &9per.L,,,,iocaletl at ' 1 ,
65322840006, more particularly desgribe A%9, o Pi}I� A
thereof as recorded in Plat Book 8, Page o t `bete Y oltr ut
An Affidavit of Non- Compi%artce,has een Fi -i with the,8oard by e ' c C
26, 2012, which Affidavit certified under oath that the reouired corrri -r ive action,
Accordingly, it having been bra�aht lathe Board's attention th`lg�espa,
Order dated May 1, 2012, it is hereby
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2012, after due notice to
ice, and issued its Findings of Fact
},writing on May 1, 2012, and
tyk Florida at OR 4795, PG 314,
st,`,,Naples, FL. 34110, Folio
ESil Unit 3, according to the Plat
v. Florida.
Enforcement Official on June
not been taken as ordered.
have not complied with the
ORDERED, that the Respondents. A4icbel pqqr, and Pfi ,It J, Moads, pay to Collier County fines in the
amount of $8,850.00 (Order Items I & 2) at a rate aF 15Kdat fortlfe'period of June 26, 2012 through August 23,
2012 (59 days), plus the operational costs of 581.15, for a total of 58.931.15.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondents come into
compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida
Statutes.
Any aggrieved pam, may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 1� day of ?012 at Collier County, Florida.
8$SN Gi ;-liAMA CpDE ENFORCEMENT BOARD
`.ottnw Of COLUER y'�" TLLIER COUNTY, FLORIDA
1 HEREBY.CERTIFY.THAT this is o he
:orrect Caoy-or. (3a`t:.ament on tits in B
JOtsrtl m Utes-.ikF, it6ros of Coitia o hair
SS . mG ` 'n0 -g o 280 0 to eshoe Drive
J' 48y tat,�(t ��
N le on 34104
U.
)WIGHT -E. BROCK, CLEftk -- • 00UMM
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'"* OR 4832 PG 1994 * **
10—�-
n
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
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The foregoing instrument was acknowledged before me this, ,u~ day of -�n -7 ,
2012 y Robert Kaufman, Chair of the Code Enforcement Board of Collier Count}, Florida, who is
personally known to me or who has produced a Florida Driver's License as identification.
KRiSTINETWENTE J 1 ="-°— U
;;�� `t••, Notary public •State of Florida NOTARY PUBLIC
.= My Comm. Expires Jun 18. 21)15 My commission expires:
•, �A, Commission # EE 87272
Bonded Through NationaiNotarpAssn CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct co v of thi;
Zager and Paula J. Rhoads, 557 Cypress Way
Jean Ra
l / r------ rlorida Bar
68
ORDER has been sent by U. S. Mail to Michael
4j,j0 this aq —day of 2012.
N
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BradleVDockter
557 Cypress Way [
Naples, FL3u11O
612-382'7723
brad}ey.docktmr@0nnaiicorn
Date 8/13/15
Directoof[odeEnfomcement
Collier County Code Enforcement Division
Growth Management Department
2800N. Horseshoe Dr.
Naples, FL341O4
Dear Madam orSir,
| just recently purchased a bank owned single family home in Collier County that had code
violations accumulating for the past 4 years. I have abated the code violations and am requesting that
all code violations fines be removed from my liability.
in summary my wife and desired tm move from our condo inBonita Springs u*ahome in Palm
River. We searched and found a home with in our price range on line through a company Hubzu. A
requirement of the purchase was that the current occupants could not be disturbed, no inspection of
the property, and a cash only transaction. | purchased the home for $]%4Kin cash onS/22/15. The
deed was filed on6/9/15. | hired a lawyer before the purchase tobe prepared to assist meinthe
occupant removal process. The day | purchased it| provide the occupants with a copy of the purchase
and gave them until 3/1to vacate the property, The current occupant refused to accept the notice. /
had to go through eviction process which concluded on 7/2/15 which was the first time I was able to see
the property,
Attached is exhibit I that contains the chronological sequence of events | have gone through
over the last 83 days. | only was able to spend (41 days | didn't have access ton`y home) 15 days tm
abate the code violations. Exhibit 2 is the paid invoice from Speedy Electric.
Thank you for your time.
Brad Dockter
Attached b Exhibit 1 and Z
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