Agenda 09/22/2015 Item #16A 7 9/22/2015 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$24,230.13 for payment of $10,000, in the code enforcement action entitled Board of County
Commissioners v. Federal National Mortgage Assn., Code Enforcement Special Magistrate Case
No. CEPM20140005429, relating to property located 612 at Charlemagne Blvd., 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$24,230.13, for payment of$10,000, in relation
to Code Enforcement Special Magistrate Case No. CEPM20140005429.
CONSIDERATIONS: As a result of a code violation at 612 Charlemagne, which consisted of a
broken aluminum panel from carport roof blowing around in the yard, the Special Magistrate
ordered the imposition of a lien against Federal National Mortgage Assn. in Case No.
CEPM20140005429. The lien was recorded in the Official Records on January 15, 2015, at O.R.
Book 5112, Page 1395, and it encumbers all real and personal property owned by Federal
National Mortgage Assn. The lien amount of$24,230.13 is based on 240 days of accrued fines
($100 per day from August 19, 2014 through April 15, 2015) plus $230.13 in operational costs.
The property was brought into compliance on April 15, 2015.
Following a foreclosure, (Case No. 2013-CA-1246), the property was acquired by Federal
National Mortgage Association via certificate of title on September 2, 2014. The new owner
brought the property into compliance after accruing additional fines for 131 days.
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 $10,000 in
settlement of accrued fines. The owner is requesting a waiver of$14,230.13 in accrued fines.
FISCAL IMPACT: Payment of$10,000 has been made in settlement. representing $9,769.87
in fines, plus $230.13 in operational costs. If approved by the Board, accrued fines in the
amount of$14,230.13 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 of County Commissioners waive the fines in the
amount of $14,230.13, accept settlement payment amount of $10,000, release the lien, and
authorize the Chairman to sign the attached release and satisfaction of lien for recording in the
Official Public Records.
[1 5-CED-Ol 048/1202627/1]
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9/22/2015 16.A.7.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
11 CED-01048/1202627/11
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9/22/2015 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$24,230.13 for payment of$10,000, in the code enforcement action
entitled Board of County Commissioners v. Federal National Mortgage Assn., Code Enforcement
Special Magistrate Case No. CEPM20140005429, relating to property located 612 at
Charlemagne Blvd., Collier County, Florida.
Meeting Date: 9/22/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
8/18/2015 8:16:23 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/18/2015 8:35:05 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/18/2015 8:35:24 AM
Name: WrightJeff
Title: Division Director-Code Enforcement.Growth Management Department
Date: 8/19/2015 3:57:38 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 8/21/2015 8:39:47 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/21/2015 1:38:07 PM
Name: KlatzkowJeff
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9/22/2015 16.A.7.
Title: County Attorney,
Date: 8/24/2015 11:05:56 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 10:49:09 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/8/2015 1:24:07 PM
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9/22/2015 16.A.7.
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:
Federal National Mortgage Assn.,
Respondent
The lien was recorded on January 15, 2015, in Official Records Book 5112, Page 1395, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven
thousand one hundred thirty dollars and thirteen cents ($11,130.13), 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: By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20140005429
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-` INSTR 5073715 OR 5112 PG 1395 RECORDED 1/15/2015 9:33 AM PAGES 2 9/22/2015 16.A.7.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20140005429
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
FEDERAL NATIONAL MORTGAGE ASSN,
Respondent.
ORDER/OF/THE SPECIAL MAGISTRATE
/ T11I OSING FINES/LIENS,
THIS CAUSE came before $e,�,SpectaL. t for blichearing upon the Petitioner's
Motion for Imposition of Fines/Li ns pn` Jeceiriber ,')l ;�a&l.}te Special Magistrate, having heard
argument respective to all appropriate matter , hereuparrissues its Findings of Fact and Order of the
Special Magistrate,as follows: '.7:l
FINDINGS OF FACT
1. On July 18,2014,Responden itas`faund guilty of violation of Collier County Code of Laws and
Ordinances,Chapter 22,Article VI,Se ct on 2,=23,1(I2)(igor an aluminum panel from the
carport roof that is broken off and b1owitrg tlt-o `h yard,which violation occurred on the
property located at 612 Charlemagne Blvd, Naples,FL,Folio#70221600002(Legal Description:
RIVIERA COLONY GOLF EST UNIT 2 LOT 192}.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before August 18,2014,or a fine 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 5063,PG 870).
3. Operational costs of$115.63 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 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 5112 PG 1396 9/22/2015 16.A.7.
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 109 days for the period from
August 19,2014 to December 5,2014,for a total amount of fines of$10,900.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.63.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$1 14.50.
E. Respondent is ordered to pay fines and costs in the total amount of$11,130.13 or be subject to
Notice of Assessment of Lien against amperties owned by Respondent in Collier County,
Florida. '�� r` C(5-0"--,„A
F. The daily fine of$100.00 shat' ontinue to accrue until'alzatentent has been confirmed by a Collier
County Code Enforcement investigator �.
/ L�-_„V �
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DONE AND ORDERED this da}f 1 1 `-\.1�i, fret Collier County,Florida.
State of Florida ! ; �,i
County of COLLIER C?LI R CvIJNTY.,CODE ENFORCEMENT
• r y ^• SPECIA .-MAGIST 1ATE
I HEREBY CERTI=Y.r f AT thTr is a Wp and
Co.reef copy of a docurnerti as Fig int
Board td:nul3Sand.Reco>s of Co"(ier Count,
S nay. anatrzia155�a{t`his� r--
day of � ( }t
DWIGHT E.BROOK;CLERK OF COURTS •'"!.
rrNDAC.G • SON
koy): • • D.C.
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,phone #
(239) 252-2440, or www.colliergov.net. Any release of Iien 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—Federal National Mortgage Assn
Collier Co.Code Enforcement Dept.
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