Agenda 09/08/2015 Item #16A269/8/2015 16.A.26.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$11,739.49 for payment of $1,439.49, in the code enforcement action entitled Board of County
Commissioners v. Bryon Goldizen and Stephanie Goldizen, Code Enforcement Special Magistrate
Case No. CEPM20090015934, relating to property located 3036 Olde Cove Way, 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 $11,739.49, for payment of $1,439.49, in relation
to Code Enforcement Special Magistrate Case No. CEPM20090015934.
CONSIDERATIONS: As a result of a code violation at 3036 Olde Cove Way, which consisted
of an unmaintained swimming pool, the Special Magistrate ordered the imposition of a lien
against Bryon Goldizen and Stephanie Goldizen in Case No. CEPM20090015934. The lien was
recorded in the Official Records on July 30, 2010, at O.R. Book 4590, Page 2165, and it
encumbers all real and personal property owned by Bryon Goldizen and Stephanie Goldizen.
The lien amount of $11,739.49 is based on 43 days of accrued fines ($250 per day from January
26, 2010 through March 9, 2010) plus $112.29 in operational costs and $877.20 in abatement
costs. The property was brought into compliance on March 9, 2010.
Following a foreclosure eliminating the County's lien, (Case No. 2010 -CA- 2536), the property
was acquired by Jada Properties & Investment Group, LLC via certificate of title on December
18,201-1.
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
$1,439.49. The owner is requesting a waiver of $10,300 in accrued fines.
FISCAL IMPACT: Payment of $1,439.49 has been made, representing $450 in fines, $112.29
in operational costs and $877.20 in abatement costs. If approved by the Board, accrued fines in
the amount of $10,300 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summarv.
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 $10.300, accept
payment amount of $1,439.49, 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- 01037/1196-3 23/11
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9/8/2015 16.A.26.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien and 2) Lien Order
15 -CED- 01 037/1196323/1]
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9/8/2015 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $11,739.49 for payment of $1,439.49, in the code enforcement action
entitled Board of County Commissioners v. Bryon Goldizen and Stephanie Goldizen, Code
Enforcement Special Magistrate Case No. CEPM20090015934, relating to property located 3036
Olde Cove Way, Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/17/2015 3:52:15 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 4:08:16 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 4:15:12 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 1:57:48 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/3/2015 8:31:30 AM
Name: WilkisonDavid
Date: 8/3/2015 9:21:42 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 8/5/2015 9:13:31 AM
9/8/2015 16.A.26.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/18/2015 1:17:53 PM
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9/8/2015 16.A.26.
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:
Bryon Goldizen and Stephanie Goldizen
Respondents
The lien was recorded on July 30, 2010, in Official Records Book 4590, Page 2165, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven
thousand seven hundred thirty -nine dollars and forty -nine cents ($11,739.49), 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
CEPM20090015934
By:
Tim Nance, Chairman
Date:
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INSTR 4458511 OR 4590 PG 2165 RECORDED 7/30/2010 9:57 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM — 2009 -0015934
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
BRYON GOLDIZEN and STEPHANIE GOLDIZEN,
Respondents.
THIS CAUSE came b, for9 th ecig—Mag to for
Motion for Imposition of Fite e o J 2010, and
argument respective to all ap t e e
Special Magistrate, as follows
FINDINGS QF�fACT
1. On January 15, 2010, Resp d were found guiltytof 3�id
and Ordinances, Chapter 22, Build wilding Regulat' 9�
Section 22- 231(15) for private swi
conducive to harboring insect infestation, urn
Cove way, Naples, FL, Folio #64626000103.
�f1
1l
9/8/2015 16.A.26.
hearing upon the Petitioner's
cial Magistrate, having heard
ines of Fact and Order of the
tbh of Collier County Code of Laws
Gcle VI Property Maintenance Code,
staining stagnate, algae filled water
on the property located at 3036 Old
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before January 25, 2010, 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 4534, PG 2123
and attached hereto).
3. Operational costs of $112.29 incurred by the County in the prosecution of this case were ordered to
be paid.
4. Respondents, 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.
No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
6. The violation has been abated as of March 9, 2010.
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
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* ** OR 4590 PG 2166 * ** 9/8/2015 16.A.26.
Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of S250.00 per day are assessed against Respondents for 43 days for the period from
January 26, 2010 to March 9, 2010 for a total amount of fines of $10,750.00.
C. Respondents shall pay the previously assessed operational costs of Sl 12.29.
D. Respondents shall pay the costs of abatement incurred by the County in the amount of $877.20.
E. Respondents are ordered to pay fines and costs in the total amount of S11,739.49 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida.
DONE AND ORDERED this da 1. 2010 at Collier County, Florida.
v
ENFORCEMENT
so�
L -,
PAYMENT OF FINES: Any fines or ant to this order may be paid at the Collier
County Code Enforcement Department, 2800 Nort orseshoe 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 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 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(s) — Bryon & Stephanie Goldizen
Collier Co. Code Enforcement Dept.
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