Agenda 05/13/2014 Item #16A 8 5/13/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$50,362.91 for payment of
$562.91, in the code enforcement action entitled Board of County Commissioners v. Paul F.
McNealy, Special Magistrate Case No. CEPM20120018578, relating to property located at 3543
Grand Cypress Drive, 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$50,362.91 for payment of$562.91, in relation
to Code Enforcement Case No. CEPM20120018578.
CONSIDERATIONS: As a result of a code violation at 3543 Grand Cypress Drive for an
unmaintained swimming pool and damaged pool enclosure, the Special Magistrate ordered the
imposition of a lien against Paul F. McNealy, in Case No. CEPM20120018578. The lien was
recorded on December 10, 2013, at O.R. Book 4990, Page 2904, and it encumbers all real and
personal property owned by Paul F. McNealy. The accrued lien amount of$50,362.91 is based
on accrued fines (201 days at $250 per day, from July 13, 2013 through January 29, 2014), plus
$112.91 in operational costs. The property had been in foreclosure since 2008. As a direct result
of the Code Enforcement Department's proactive communications, the property was brought into
compliance by the foreclosing lender's agent on January 29, 2014. The foreclosing lender, Bank
of New York Mellon,took title to the property on February 25, 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 prior to
the new owner taking title. The property has remained in compliance, is being actively
maintained, and an amount of$562.91 has been paid by the new owner. This amount represents
$112.91 in operational costs and $450.00 in fines. The property owner is requesting a waiver of
$49,800.00 in accrued fines.
FISCAL IMPACT: Payment of $562.91 has been paid, representing $112.91 in County
operational costs and $450.00 in fines. If approved by the Board, accrued fines in the amount of
$49,800.00 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 accrued fines of$49,800.00, accept payment of
$562.91, and authorize the Chairman to sign the attached lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: 1)Release and satisfaction of lien
2) Order imposing lien
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5/13/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$50,362.91 for payment of$562.91, in the code enforcement action entitled Board of County
Commissioners v. Paul F. McNealy, Special Magistrate Case No. CEPM20120018578, relating to
property located at 3543 Grand Cypress Drive, Collier County, Florida.
Meeting Date: 5/13/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
4/11/2014 11:05:06 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 4/14/2014 9:08:48 AM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 4/15/2014 9:24:21 AM
Name: NoellKevin
Title:Assistant County Attorney, CAO General Services
Date:4/15/2014 10:50:46 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/23/2014 7:45:27 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/24/2014 1:22:49 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
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5/13/2014 16.A.8.
Date: 4/30/2014 3:52:18 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/1/2014 9:26:08 AM
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5/13/2014 16.A.8.
This Instrument Prepared By:
Jeff 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:
Paul F. McNealy
Respondent
The lien was recorded on December 10, 2013, in Official Records Book 4990, Page
2904, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of thirty-one thousand six hundred twelve dollars and ninety-one cents
($31,612.91), 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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5/13/2014 16.A.8.
INSTR 4922142 OR 4990 PG 2904 RECORDED 12/10/2013 9:06 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPMZ0120018578
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA.
Petitioner,
vs.
PAUL F.MCNEALY,
Respondent.
_ CE I
ORD E �aTE,
! SING FINES/LIENS-
THIS CAUSE came Wore , ia[ Magtsira1e for public hearing upon the Petitioner's
Motion for Imposition of Fines/Li' = e Special Magistrate,having heard
argument respective to all appro atE -• Findings of Fact and Order of the
Special Magistrate,as follows' . i i!--s
FINDINGS OF AcT;
1. On July 5,2013,Respon• ii ` found guilty of viol e 2010 Florida Building Code,
Chapter 4,Section 424.2,1 "ftt 'er County C•• o(axvs and Ordinances,Chapter 22
Buildings and Building Regale • a, z ' •�• aintenance Code,Section 22-231(15)
for an unmaintained pool and pool i•i. ssing and damaged screens,which violation
occurred on the property located at 3543 Grand Cypress Drive,Naples,FL Folio#24702001082
(Legal Description:BRADFORD LAKES LOT 47).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 12,2013,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 4944,
PG 3711).
3. Operational costs of$112.91 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 partially abated as of July 15,2013.
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5/13/2014 16.A.8.
*** OR 4990 PG 2905 ***
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.20I0-04,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of 5250.00 per day,for Part D of the Order,are assessed against Respondent for 126
days for the period from July 13,2013 to November 15,2013,fora total amount of fines of
$31,500.00.
C. Respondent shall pay the previously assessed operational costs of S112.91.
D. Respondent is ordered to pay fines and costs in the total amount of P1.612.91,or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of S250.00 shall r( *' -+ tement has been confirmed by a Collier
County Code Enforcement '`�� 7\
•
N. •
DONE AND ORDERED this .t a !.! _... =t t Collier County,Florida.
t r:1 t�..� a•_._ : R c-1.! t- # •DE ENFORCEMENT
SPEC MI GI- TE
\ 1 CV
• DAC.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 nava,
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 baring from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
State of harida
County of COLLIER
cc: Respondent—Paul F.McNealy •
Collier Co.Code Enforcement Dept. 1 Hi REBY CERTIFY.. lS i5 a true and
correct copy cia doit"sWt oa`IIQ
Bard i�tiru:es.aad:Saw^ords of.Cot'.ier County
wim ss nor n nl�nd off ci81�ea1 this
• iGHT E.6R6Ct,K; 3 p UURTS •
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