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Agenda 09/08/2015 Item #16A239/8/2015 16.A.23. EXECUTIVE SUMMARY Recommendation to approve the release of (2) code enforcement liens with a combined accrued value of $185,183.11 for payment of $2,283.11, in the code enforcement actions entitled Board of County Commissioners v. Jerry Delashment et ux., Code Enforcement Special Magistrate Case Nos. CESD20130003907 and CEPM20130003856, relating to property located at 1391 13th Avenue N., Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release (2) code enforcement liens with a combined accrued value of $185,183.11, for payment of $2,283.11, in relation to Code Enforcement Special Magistrate Case Nos. CESD20130003907 and CEPM20130003856. CONSIDERATIONS: As a result of various code violations at 1391 13th Avenue N., as reflected below, the Special Magistrate ordered the imposition of two liens against the property as follows (in chronological order based on lien recording date): The lien in Case No. CESD20130003907 was recorded in the Official Records on August 14, 2013, at O.R. Book 4955, Page 492 (for a shed in rear of property with an expired permit and no certificate of completion). The lien amount of $48,712.29 is based on 486 days of accrued fines ($100 per day from July 8, 2013 through November 5, 2014) plus $112.29 in operational costs. The property was brought into compliance on November 5, 2014. The lien in Case No. CEPM20130003856 was recorded in the Official Records on October 18, 2013, at O.R. Book 4976, Page 911 (shed with broken windows and a screen enclosure missing a door). The lien amount of $136,470.82 is based on 539 days of accrued fines ($250 per day from June 15, 2013 through December 5, 2014) plus $112.29 in operational costs and $1,608.53 in boarding costs. The property was brought into compliance on December 5, 2014. Following a foreclosure eliminating the County's liens, (Case No. 2012 -CA- 1461), the property was acquired by DLB Investments, Inc., via a special warranty deed which was recorded on April 24, 2015. 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 $2,283.11. The owner is requesting a waiver of $182,900 in accrued fines. FISCAL IMPACT: Payment of $2,283.11 has been made, representing $450 in fines, $224.58 in operational costs and $1,608.53 in boarding costs. If approved by the Board, accrued fines in the amount of $182,900 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. [I 5-CFD-01036/1195827/11 Packet Page -742- 9/8/2015 16.A.23. 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 waive the fines in the amount of $182,900, accept payment amount of $2,283.11, 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 (2) and 2) Lien Orders [I 5-CED-01 036/1 1 95827/1 ] Packet Page -743- 9/8/2015 16.A.23. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.23. Item Summary: Recommendation to approve the release of (2) code enforcement liens with a combined accrued value of $185,183.11 for payment of $2,283.11, in the code enforcement actions entitled Board of County Commissioners v. Jerry Delashment et ux., Code Enforcement Special Magistrate Case Nos. CESD20130003907 and CEPM20130003856, relating to property located at 1391 13th Avenue N., Collier County, Florida. Meeting Date: 9/8/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 7/16/2015 11:48:35 AM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 7/23/2015 3:04:03 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 7/23/2015 3:04:41 PM Name: WrightJeff Title: Division Director - Code Enforcement, Growth Management Department Date: 7/31/2015 2:01:05 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/3/2015 8:28:30 AM Name: WilkisonDavid Date: 8/3/2015 9:28:06 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -744- Date: 8/5/2015 9:12:53 AM 9/8/2015 16.A.23. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Date: 8/10/2015 3:03:16 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 8/18/2015 5:24:56 PM Packet Page -745- 9/8/2015 16.A.23. 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: Jerry Delashment Et Ux. Respondent The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 492, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand seven hundred twelve dollars and twenty -nine cents ($2,712.29), 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: Deputy Clerk By: Date: Date: Approved as to form and legality . __a -7 ' Kevin Noel[ Assistant County Attorney CESD20130003907 Tim Nance, Chairman Packet Page -746- 9/8/2015 16.A.23. 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: Jerry Delashment Et Ux. Respondent The lien was recorded on October 18, 2013, in Official Records Book 4976, Page 911, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty -nine thousand seven hundred twenty dollars and eighty -two cents ($29,720.82), 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: Deputy Clerk Date: Approved as to form and legality Kevin Noell Assistant County Attorney CEPM20130003856 By: Tim Nance, Chairman Date: Packet Page -747- INSTR 4878123 OR 4955 PG 492 RECORDED 8/14/2013 11:32 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CESD20130003907 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY DELASHMENT ET UX, Respondent. r ;= CC) THIS CAUSE came Won Motion for Imposition of Fines /Iris argument respective to all appropan Special Magistrate, as followslt, w..P { 9/8/2015 16.A.23. for publiiz hearing upon the Petitioner's mtd Special Magistrate, having heard &VV s IFindinas of Fact and Order of the 1. On June 7, 2013, Respondent was, found guilty of violati6n4ef Collier County Land Development Code 04-41, as amended, Sebtie�' .I , 106(B)(jor pe mit I998100337 for a shed in the rear yard that has expired without o6'tainmge G tftbt�e oompletion which violation occurred on the property located at 1391 136 Ave`n , FL Folio ;x46570440002 (Legal Description: GORDON RIVER HOMES W 54FT OF LOT 12 + E l OFT OF LOT 13 OR 461 PG 536). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 7, 2013, or a fine of 5100.00 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 4937, PG 120). 3. Operational costs of 5112.29 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 2010 -04 has been timely filed. 6. The violation has not been abated as of the date of the hearing. Packet Page -748- *° OR 4955 PG 493* 9/8/2015 16.A.23. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 26 days for the period from July 8, 2013 to August 2, 2013, for a total amount of fines of $2,600.00. C. Respondent shall pay the previously assessed operational costs of $112.29. D. Respondent is ordered to pay fines and costs in the total amount of $2,712.29 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The daily fine of $100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Invest t t DONE AND ORDERED thi d W , 2013 at C,ollicr County, Florida. iC,,ULLffER 001QN, 'TV -CODE ENFORCEMENT' E1^'I;AL MAG1STRATE C. PA"IENT 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, 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 shall not be a hearing de novo, but shall be Iimited 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. 61a *C- or ru iwa County of COLLIER cc: Respondent -Jerry Delashment Et Ux Collier Co. Code Enforcement Dept. 1 HER -EBY CERTIFY THAT this is a tru0nl!'.�-;-,; �. correct copy of a document on file in Board Minutes and Records of Collier;;ouryl ' WITIN SS my hand and officia! seal this 11GHT E. BROCK,,CLERK OF COURTS C. Packet Page -749- INSTR 4903547 OR 4976 PG 911 RECORDED 10/18/2013 8:18 AM PAGES 2 9/8/2015 16.A.23. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20I30003856 BOARD OF COUNTY COMAIISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY DELASHMENT ET UX, Respondent. �1�1 j3i! F�^�.,�..• �7, THIS CAUSE carne bc%re'i1fe*cciaLMae stiatte for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens-� 0 + °'„�5� Speiat Magistrate, having heard argument respective to all aRproTSriate n4 E cr�s, here pq s� tes iund�rags of Fact and Order of the Special Magistrate, as follows: FTNT)TNGS OFFACTa' 1. On June 7, 2013, Resporid;W,,vgs found guilty of violation of dllier County Code of Laws and Ordinances, Chapter 22, Ait c- ,.Section 22- 231 or a shed with broken windows, and a screen enclosure missing a door; wh�ciX'vieiati �c�ctttn_iecion the property located at 1391 13a Avenue N, Naples, FL Folio #465764kd`{8I2 ` Od6ription: GORDON RIVER HOMES W 54FT OF LOT I2 + E l OFT OF LOT 13 O 461 PG 536). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 14, 2013, or a fine of $250.00 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 4937, PG 139). 3. Operational costs of S112.29 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- hcaring or Appeal pursuant to Ordinance 2010 -04 has been timely filed. 6. The violation has not been abated as of the date of the hearing. Packet Page -750- I * ** OR 4976 PG 912 * ** 9/8/2015 16.A.23. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED: A. Petitioner's Motion for imposition of FinestLiens is grunted. B. Daily fines of S250.00 per day are assessed against Respondent for 112 days for the period from Ame 15, 2013 to October 4, 2013, for a total amount of fines of 528,000.00. C. Respondent shall pay the previously assessed operational costs of $112.29. D. Respondent shall pay the boarding costs incurred by the county in the amount of 51,608.53. E. Respondent is ordered to pay fines and costs in the total amount of S29.720.9 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. F. The daily fine of 5250.00 shall Contin�%���t�titruatratement has been confirmed by a Collier County Code Enforcement jdi ttor. j 1J ------------ DONE AND ORDERED thi #•-da3 of- Collier County, Florida. £R C16LIN T,Tr :CODE ENFORCEMENT SPECIAI-MAGISTR tE PAYMENT 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, 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 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. State o, Norma County of COLLIER cc: Respondent Jerry Delashment Et Ux Collier Co. Code Enforcement Dept. I HEREBY C;:4T1Fvy' f 4TU tit.is a true and correct copea•d' -iir b4M- f it e.in Board Kgf g e tz bf Collier county 41jiTtdESS m }' hand end oal. �;8f t is Igt . .o DWIGHT: �BR?CK; CLERK G� 00URTS D.C. Packet Page -751-