Agenda 09/22/2015 Item #16A10 9/22/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$11,112.56 for payment of $562.56, in the code enforcement action entitled Board of County
Commissioners v. Robert Godin and Isabelle Godin, Code Enforcement Special Magistrate Case
No. CELU20120017531, relating to property located at 2625 47th Avenue NE, 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$11,112.56, for payment of$562.56, in relation
to Code Enforcement Special Magistrate Case No. CELU20120017531.
CONSIDERATIONS: As a result of a code violation at 2625 47th Avenue NE, which consisted
of storing unauthorized materials on a trailer on Estates zoned property, the Special Magistrate
ordered the imposition of a lien against Robert Godin and Isabelle Godin, in Case No.
CELU20120017531. The lien was recorded in the Official Records on April 23, 2013, at O.R.
Book 4912, Page 142, and it encumbers all real and personal property owned by Robert Godin
and Isabelle Godin. The lien amount of$11,112.56 is based on 110 days of accrued fines ($100
per day from March 9, 2013 through June 26, 2013) plus $112.56 in operational costs. The
property was brought into compliance on June 26, 2013.
Following a foreclosure, (Case No. 2014-CA-1568), the property was acquired by CKC Property
Holdings, LLC via certificate of title on June 3, 2015. The previous owner had already brought
the property into compliance on June 26, 2013.
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 $562.56 in
settlement of accrued fines. The owner is requesting a waiver of$10,550 in accrued fines.
FISCAL IMPACT: Payment of $562.56 has been made in settlement, representing $450 in
accrued fines, plus $112.56 in operational costs. If approved by the Board, accrued fines in the
amount of$10,550 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 fines in the amount of $10,550, accept
settlement payment amount of$562.56, release the lien, and authorize the Chairman to sign the
attached release and satisfaction of lien for recording in the Official Public Records.
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9/22/2015 16.A.10.
Prepared by: Jeff Wright, Division Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien and 2) Lien Order
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9/22/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$11,112.56 for payment of$562.56, in the code enforcement action
entitled Board of County Commissioners v. Robert Godin and Isabelle Godin, Code Enforcement
Special Magistrate Case No. CELU20120017531, relating to property located at 2625 47th
Avenue NE, Collier County, Florida.
Meeting Date: 9/22/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
8/19/2015 3:36:10 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Growth Management Department
Date: 8/20/2015 1:35:43 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:40:14 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:40:35 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/27/2015 3:53:46 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept. Growth Management Department
Date: 8/31/2015 8:40:54 AM
Name: KlatzkowJeff
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9/22/2015 16.A.10.
Title: County Attorney,
Date: 8/31/2015 10:39:34 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 10:52:46 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/8/2015 1:27:32 PM
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9/22/2015 16.A.10.
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:
Robert Godin and Isabelle Godin,
Respondents
The lien was recorded on April 23, 2013, in Official Records Book 4912, Page 142, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
thousand nine hundred twelve dollars and fifty-six cents ($2,912.56), 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
CELU20120017531
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INSTR 4829450 OR 4912 PG 142 RECORDED 4/23/2013 6:09 PM PAGES 2 9/22/2015 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CELU20120017531
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROBERT GODIN AND ISABELLE GODIN,
Respondents.
/
ORD ER'E b TIE`SPECIAL4GISTRATE
/' „IMPOSING FINES/LIENS'
i"
THIS CAUSE came before th'e-3pazial�.Ivtagtst2ate for public hearing upon the Petitioner's
Motion for Imposition of Fines/L:i, ,5,? e, Special Magistrate, having heard
argument respective to all appropi}tat to s,theteugp t ki.res4ts'iFindings of Fact and Order of the
i
Special Magistrate,as follows: 1 4', , < ,
f r =a
FINDINGS OFFACT,
l i '°�
h
1. On March 1,2013,Respondent was found guilty of violation-of Collier County Land
Development Code 04-41,as,amended, Sections ,04' i and 2.02.03 for storage of
unauthorized materials on a trailer aria::n-the-eskates,toned property,which violation occurred on
the property located at 2625 47'�A enveNE.Naplef,FL Folio 439835880000(Legal
Description:GOLDEN GATE EST UNIT 63\V 105FT OF TR 56). .
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before March 8,2013,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 4898,
PG 2991).
3. Operational costs of S112.56 incurred by the County in the prosecution of this case have not 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 Reauest 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.
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*** oa 4912 PG 143 *** 9/22/2015 16.A.10.
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 S100.00 per day are assessed against Respondent for 28 days for the period from
March 9,2013 to April 5,2013,for a total amount of fines of$2,800.00.
C. Respondent shall pay the previously assessed operational costs of$112.56.
D. Respondent is ordered to pay fines and costs in the total amount of$2,912.56 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 Investigator-- --
2013,at Collier Counts' Florida.
DONE AND ORDERED this,`5dtfi 6f. `, ty'�Vi
' tCO ,z;ER 4YEJ:NT ;;,.CODE ENFORCEMENT
° SPEf1L N1' iS4TE
j ,
t •T 'DA C.GA• ••" SON
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.
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