Agenda 09/08/2015 Item #16A249/8/2015 16.A.24.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$24,515.18 for payment of $565.18, in the code enforcement action entitled Board of County
Commissioners v. Gregory Westgate, Code Enforcement Special Magistrate Case No.
CEROW20120004308, relating to property located at 129 4th Street, 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 $24,515.18, for payment of $565.18, in relation
to Code Enforcement Special Magistrate Case No. CEROW20120004308.
CONSIDERATIONS: As a result of a code violation at 129 4t" Street, which consisted of the
filling of a drainage swale at the front of the property, without first obtaining the required Collier
County permit, the Special Magistrate ordered the imposition of a lien against Gregory Westgate
in Case No. CEROW20120004308. The lien was recorded in the Official Public Records on
February 21, 2014, at O.R. Book 5010, Page 3566, and it encumbers all real and personal
property owned by Gregory Westgate. The accrued lien amount of $24,515.18 is based on 244
days of accrued fines ($100 per day from July 4, 2013 through March 4, 2014), plus operational
costs of $115.18. The property was brought into compliance on March 4, 2014.
The property has been owned by Gregory Westgate since August of 2007. Once Mr. Westgate
became aware of the violation, he commenced correcting the violation as evidenced by the
attached hardship letter.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when full
payment of a code enforcement lien would impose a financial hardship on the property owner.
Fines accrued by an existing owner may be considered for a waiver 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 $565.18. The owner is requesting waiver of
$23,950 in accrued fines.
FISCAL IMPACT: Payment of $565.18 has been made, representing $450 in accrued fines and
$115.18 in operational costs. If approved by the Board, accrued fines in the amount of $23,950
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 waive the accrued fines in the amount of $23,950,
accept payment amount of $565.18, release the lien and authorize the Chairman to sign the
attached release and satisfaction of lien for recording in the Official Public Records.
[I 5-CED-01 035/119534 1 /11
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9/8/2015 16.A.24.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien, 2) Lien Order and 3) Hardship letter
[I 5-CED-01 035/119534 1/1]
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9/8/2015 16.A.24.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $24,515.18 for payment of $565.18, in the code enforcement action
entitled Board of County Commissioners v. Gregory Westgate, Code Enforcement Special
Magistrate Case No. CEROW20120004308, relating to property located at 129 4th Street, Collier
County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/16/2015 11:50:42 AM
Approved By
Name: PuieJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 3:08:56 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 3:09:33 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 1:58:51 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/3/2015 8:29:20 AM
Name: WilkisonDavid
Date: 8/3/2015 9:26:19 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 8/5/2015 9:14:55 AM
9/8/2015 16.A.24.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/10/2015 3:01:46 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/18/2015 4:41:02 PM
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9/8/2015 16.A.24.
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:
Gregory Westgate
Respondent
The lien was recorded on February 21, 2014, in Official Records Book 5010, Pages 3566 -3568,
in the Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty -two thousand fifteen dollars and eighteen cents ($22,015.18), 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
0
Date:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEROW20120004308
By:
Tim Nance, Chairman
Date:
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INSTR 4947844 OR 5010 PG 3566 RECORDED 2/21/2014 3:22 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEROW20120004308
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
GREGORY WESTGATE,
Respondent.
co
9/8/2015 16.A.24.
THIS CAUSE came Wo ' e SpeiciiaE'1GSa istrate for ubli6, hearing upon the Petitioner's
Motion for Imposition of Fins in o elf' , a � Special Magistrate, having heard
argument respective to all ap ro t Cis, jhe 'ss s is Findings of Fact and Order of the
Special Magistrate, as follows:
FINDINGS OF T)
1. On May 3, 2013, Respond e and guilty of violet /Collier County Code of Laws and
Ordinances, Chapter 110 Roa nd . tvnstruetion in Right of Way, Division 1
Generally, Section 110 -31(a) for a 'd CAS e front of the property that has been filled
in, which violation occurred on the property orated at 129 4tb Street, Naples, FL Folio
#77213600204 (Legal Description: TRAIT. ACRES BLK 5 LOT i I).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before duly 3, 2013, or a fuze 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 4922,
PG 591).
3. Operational costs of $112.29 incurred by the County in the prosecution of this case have been
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 filed.
6. The violation has not been abated as of the date of the hearing.
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OR 5010 PG 3567 9/8/2015 16.A.24.
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 219 days for the period from
July 4, 2013 to February 7, 2014, for a total amount of fines of $21,900.00.
C. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$115.18.
D. Respondent is ordered to pay fines and costs in the total amount of $22,015.I8 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 shal�eonmtnmnfx Itt U abbatement has been confirmed by a Collier
County Code Enforcementr
DONE AND ORDERED this 2014,at oilier County, Florida.
f (BODE ENFORCEMENT
TIRAWE
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 34304, 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.
cc: Respondent - -Cregory Westgate
Collier Co. Code Enforcement Dept.
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* ** OR 5010 PG 3568 * **
State of Florida
County of COLLIER
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9/8/2015 16.A.24.
Date: 6/15/15
To: whom it may concern
Code enforcement
From: Greg Westgate
1294 th street Naples fl 34113
V••
9/8/2015 16.A.24.
In efforts to eliminate standing water, improve the appearance and increase the use of
the yard in front of my house me and neighbors on either side of me got together and
connected our swales with a culvert pipe then sodded it over.
April 2012 code enforcement violation notice was posted informing us of the violation of
working without a permit and noted of the ordinance of inclosing a swale.
We contacted Mark from right of way to determine in fact if there was any way of
keeping what we did. In fact part of what was done was approved and passed
inspection. The areas that did not pass inspection were removed and put back to
original swale, the work was done and passed a final inspection.
The violations were understood and I have always been willing to make the corrections.
I showed up at the hearings and progress reports were given. Me and Jim Kincaid from
code enforcement have kept in contact throughout this process.
Do to this being done on a part time based work schedule and rain delays, digging out
the dirt in the swale took longer than it was expected, as well as it being a financial
burden. I have been diligent in the work and corresponding with the people involved.
On February 6, 2014 Jim Kincaid inspected the progress and noted the completion for
the upcoming hearing. All had been completed and forms set for concrete needed for
culvert pipe end. Concrete work was in fact completed on Feb 8, 2014.
I feel the fines are unjust, the completion of the project and all fees fines and permits
paid in full by me shows my willingness to have complied. As well the amount of money
I am out of pocket to date has already strained me financially and now the imposing of
another fine of $22,015.18 will be financially crippling.
1 would like to offer a settlement at this time in the amount of 565.18 that will settle the
debt and cover the operational costs to the county.
Sincerely, Greg Westgate
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