Agenda 04/22/2014 Item #16A11 4/22/2014 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$15,035.43 for payment of
$4,235.43,in the Code Enforcement action entitled Board of County Commissioners v.Abraham &
Sweeney PA TR Grant Family Land Trust, Special Magistrate Case No. CEPM20120006351,
relating to property located at 15134 Brolio 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$15,035.43 for payment of$4,235.43, in relation to Special
Magistrate Case No.CEPM20120006351.
CONSIDERATIONS: As a result of a code violation at 15134 Brolio Lane, the Special Magistrate
ordered the imposition of a lien against Abraham& Sweeney PA TR Grant Family Land Trust,in Special
Magistrate Case No. CEPM20120006351. This lien was recorded on December 21, 2012, at O.R. Book
4867, Page 3922, and encumbers all real property owned by Abraham & Sweeney PA TR Grant Family
Land Trust. The lien amount of$15,035.43 is based on accrued fines of$11,250(45 days at$250.00 per
day from September 15, 2012 through October 29, 2012), plus $3,672.70 in County abatement costs and
$112.73 in operational costs. The violation consisted of an unmaintained pool,with dark green stagnant
water. Abraham & Sweeney PA TR Grant Family Land Trust, owned this property throughout this
period. Following a foreclosure (Case No. 2010-CA-1372), a Certificate of Title was recorded on
November 27, 2013 in favor of JPMorgan Chase Bank,National Association. The property had already
been brought into compliance by the County(on October 29,2012).
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. The property is in compliance and is being actively maintained. The
new owner has paid $4,235.43, representing $3,672.70 in abatement costs, $112.73 in operational costs,
and$450.00 in fines. The new owner is requesting a waiver of$10,800.00 in accrued fines.
FISCAL IMPACT: Payment of $4,235.43 has been paid, representing the County's hard costs
($3,672.70 in abatement costs, and $112.56 in operational costs), plus a$450.00 fine. If approved by the
Board,accrued fines in the amount of$10,800.00 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 the fines in the amount of$10,800.00, accept payment
of$4,235.43,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.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$15,035.43 for payment of$4,235.43, in the Code Enforcement action entitled Board of County
Commissioners v. Abraham &Sweeney PA TR Grant Family Land Trust, Special Magistrate Case
No. CEPM20120006351, relating to property located at 15134 Brolio Lane, Collier County,
Florida.
Meeting Date: 4/22/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
3/24/2014 5:12:05 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 3/25/2014 11:17:16 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/25/2014 11:39:38 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/25/2014 3:02:10 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/26/2014 3:22:42 PM
Name:KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 10:09:21 AM
Name: IsacksonMark
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4/22/2014 16.A.11 .
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/8/2014 5:12:25 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/9/2014 4:41:46 PM
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4/22/2014 16.A.11.
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:
Abraham & Sweeney PA TR Grant Family Land Trust
Respondent
The lien was recorded on December 21, 2012, in Official Records Book 4867, Page
3922, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of fifteen thousand thirty-five dollars and forty-three cents ($15,035.43),
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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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4/22/2014 16.A.11.
INSTR 477F469 OR 4867 PG 3922 RECORDED 12/21/2012 11:51 AM PAGES 3
DWIGHT E. 1SROCK,,CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120006351
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ABRAHAM&SWEENEY PA TR
GRANT FAMILY LAND TRUST,
Respondent.
#\t —/ iC," Cot v A,.
OR P E SPECIALM • •TE
_ IE
THIS CAUSE came efd/ '-•-1 .. `h ,:.„ 7. blip hearing upon the Petitioner's
Motion for Imposition of Fi s/L on ,10, b.'r 7�� t the Special Magistrate, having heard
argument respective to all a :a • -• I 1n iss` its Findings of Fact and Order of the
Special Magistrate,as follows.*%'
-
✓• FINDINGS OF Flitiflt /.0
1. On September 7,2012,Res found �olcv : ation of Collier County Code of Laws
and Ordinances,Chapter 22 Bui ' Ili d ltttiit lotions,Article VI Property
Maintenance Code,Section 22-231(1 pool-Viler that is dark green in color,stagnant,and
not being properly maintained,which violation occurred on the property located at 15134 Brolio
Lane,Naples,FL Folio#59960012749(Legal Description:MEDITERRA PARCEL 110 LOT
28).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 14,2012,or a fine of S250.00 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 4837,PG 1952).
3. Operational costs of S112.73 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 been abated as of October 29,2012.
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4/22/2014 16.A.11.
OR 4867 Pfa 3923
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 S250.00 per day are assessed against Respondent for 45 days for the period from
September 15,2012 to October 29,2012,for a total amount of fines of S 11,250.00.
C. Respondent shall pay the previously assessed operational costs of$112.73.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of S3,672.70.
E. Respondent is ordered to pay fines and costs in the total amount of SI5,035.43.or be subject to
Notice of Assessment of Lien agai • ; i i a •wned by Respondent in Collier County,
Florida. (.I41-)'
DONE AND ORDERED this ..4 7 sM o ,,''u • 20I\at Collier County,Florida.
r • t�ER l• ODE ENFORCEMENT
� SP L f TE
ENDA C.G + 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.
cc: Respondent—Abraham&Sweeney PA TR,Grant Family Land Trust
Collier Co.Code Enforcement Dept.
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