Agenda 04/22/2014 Item #16A10 4/22/2014 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$67,562.47 for payment of
$1,512.47, in the Code Enforcement action entitled Board of County Commissioners v. John W.
Rodgers Jr., Special Magistrate Case No. CEPM20110016125, relating to property located at 5580
Cynthia Lane,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code
enforcement lien with an accrued value of $67,562.47 for payment of$1,512.47, in relation to Code
Enforcement Special Magistrate Case No. CEPM20110016125.
CONSIDERATIONS: As a result of code violations at 5580 Cynthia Lane, the Code Enforcement
Special Magistrate ordered the imposition of a lien against John W. Rodgers, Jr., in Case No.
CEPM20110016125. The lien was recorded in the Official Public Records on September 20, 2012, at
O.R. Book 4837, Page 1639, and it encumbers all property owned by John W. Rodgers, Jr. The lien
amount of$67,562.47 is based on accrued fines of$66,500(665 days at$100 per day,from April 3,2012
through January 27, 2014), plus $112.47 in operational costs, and $950.00 in County abatement costs.
The violations consisted of a broken front window and garage door to the main structure and a cover
removed from an outside electrical box. Following a foreclosure(Case No. 07-CA-2155), a certificate of
title was recorded on January 3, 2014 in favor of Susan Colgan, Trustee of the 5580 Cynthia Lane Trust
UAD 12-19-13. The property was brought into compliance by the new owner on January 27,2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines would be considered when a code
enforcement lien encumbers property that is under new ownership, fines accrued prior to transfer of title,
and compliance has been achieved. In this case,the violation was abated by the new owner within the 30
days of taking title. The property is in compliance, is being actively maintained, and an amount of
$1,512.47 has been paid by the new owner. This amount represents $450.00 in fines, $112.47 in
operational costs and $950.00 in abatement costs. The property owner is requesting a waiver of
$66,050.00 in accrued fines.
FISCAL IMPACT: Payment of$1,512.47 has been paid,representing the County's hard costs ($112.47
in operational costs and $950.00 in abatement costs), plus $450 in fines. If approved by the Board,
accrued fines in the amount of$66,050.00 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 fines in the amount of $66,050, accept payment of
$1,512.47,release the lien,and authorize the Chair to sign the attached lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,
Planning and Regulation.
Attachment: 1)Release and Satisfaction of Lien
2)Order imposing the lien
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4/22/2014 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Item Summary: Recommendation to approve a release of lien with an accrued value of
$67,562.47 for payment of$1,512.47, in the Code Enforcement action entitled Board of County
Commissioners v. John W.Rodgers Jr., Special Magistrate Case No. CEPM20110016125, relating to
property located at 5580 Cynthia Lane, Collier County,Florida.
Meeting Date: 4/22/2014
Prepared By
Name: MarleneSerrano
Title: Manager-Code Enforcement Operations, Code Enforcement
Approved By
Name:jeffwright
Title: Director-Code Enforcement, Code Enforcement
Date: 03/26/2014 08:16:29 AM
Name: puigj
Title: Operations Analyst, Community Development&Environmental Services
Date: 03/26/2014 08:32:38 AM
Name: marcellajeanne
Title:Executive Secretary, Transportation Planning
Date: 03/26/2014 08:54:33 AM
Name: kevinnoell
Title:Assistant County Attorney, CAO General Services
Date: 03/31/2014 01:56:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date 04/01/2014 08:46:56 AM:
Name: markisackson
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 04/08/2014 05:12:34 PM
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4/22/2014 16.A.10.
Name: durham_t
Title: Executive Manager of Corp Business Ops,
Date: 04/09/2014 01:49:52 PM
n
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4/22/2014 16.A.10.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
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:
John W. Rodgers, Jr.
Respondent
The lien was recorded on September 20, 2012, in Official Records Book 4837, Page
1639, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of sixteen thousand eight hundred sixty-two dollars and forty-seven cents
($16,862.47), 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 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
r1.
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4/22/2014 16.A.10.
INSTR 4741755 OR 4837 PG 1639 RECORDED 9/20/2012 10:07 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20110016125
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JOHN W.RODGERS JR.,
Respondent. - --
J--
ORDER.OF-T4IgSPECIAL MAGISTRATE
i' IMPOSJNZ PrNES%LIENS
THIS CAUSE came Ibef ire" _r oopublic;hearing upon the Petitioner's
Motion for Imposition of Fin s/L n ,on,Sel�luitbr 112;) n die Special Magistrate, having heard �\
argument respective to all ap►t rt'�ateYti ttet .h isstt�es ts�F tdings of Fact and Order of the
Special Magistrate,as follows:% r•, 'l�; I `r
mot, N 17
�f \FINDINGS OF FACT,
1. On March 2,2012,Respondent as7 _ 9 violaation of Collier County Code of Laws and
Ordinances,Chapter 22,Article VI; tt r &(12)(i)for a main structure with a
broken front window,garage door,and a cover removed from an outside electrical box,which
violation occurred on the property located at 5580 Cynthia Lane,Naples,FL Folio#427480009
(Legal Description: 17 50 26 E 155FT OF W 930FT OF N1/2 OF S1/2 OF NW1/4 OF NW1/4,
LESS S 15FT FOR R/W 1.12 AC OR 1900 PG 1648 ).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before April 2,2012,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 4776,
PG 2837).
3. Operational costs of S112.47 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.
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OR 4837 :G 1640
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 5100.00 per day are assessed against Respondent for 158 days for the period from
April 3,2012 to September 7,2012,for a total amount of fines of$15,800.00.
C. Respondent shall pay the previously assessed operational costs of$112.47.
D. Respondent shall pay the boarding costs incurred by the county in the amount of$950.00.
E. Respondent is ordered to pay fines and costs in the total amount of$16.862.47 or be subject to
Notice of Assessment of Lien against,all-properties,,owned by Respondent in Collier County,
Florida. "t , 4 t. Q r
F. The daily fine of$100.00 stfalLcentmue to accrue until btement has been confirmed by a Collier
County Code Enforcement InVe tigator.,TTT
1 I
f 1,34 \1,,, r )
DONE AND ORDERED thi Id ;�pf ;.7 •,�20F2 at C9llier County,Florida.
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1\ \ COLLI COUltE CODE ENFORCEMENT
\ SPECIAL 1WAGIS7kATE
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'i NDA C.GARRET ON
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 4
(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—John W.Rodgers Jr.
Collier Co.Code Enforcement Dept.
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