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Agenda 05/13/2014 Item #16A 9 5/13/2014 16.A.9. EXECUTIVE SUMMARY Recommendation to approve two releases of lien, the first with a net accrued value of$194,116.50, for payment of$7,200; and the second with an accrued value of$196,312.20,for payment of$14,400 in Code Enforcement Special Magistrate Case Nos. 2007050876 and CESD20100020024, both of which cases are styled Board of County Commissioners v. Tatiana E. Tannehill, relating to property located at 2121 41st Terrace SW, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board), accept an offer to release two code enforcement liens with a combined accrued value of $390,428.70, for payment of $21,600.00, in Code Enforcement Special Magistrate Case Nos. 2007050876 and CESD20100020024, both entitled Board of County Commissioners v. Tatiana E. Tannehill. CONSIDERATIONS: In Case No. 2007050876, as a result of a code violation for an unpermitted lanai enclosure at 2121 41st Terrace SW, the Code Enforcement Special Magistrate ordered the imposition of a lien against Ms. Tannehill. The lien was recorded in the Official Public Records on August 21, 2009, at O.R. Book 4485, Page 342. The net accrued lien value of $194,116.50 is based on accrued fines of$215,100.00 (2,151 days at $100 per day), less previous payments totaling $20,983.50 for partial releases of other properties once encumbered by the lien (see O.R. Book 4570, Page 2359; O.R. Book 4541, Page 1619). As memorialized in the lien instrument, operational costs of$281.95 were paid prior to imposition of the lien. The proposed settlement amount for this lien is $7,200.00, representing 72 days of post-acquisition fines at $100 per day. In Case No. CESD20100020024, as a result of a code violation for an unpermitted wood canopy with a concrete block shrine, the Special Magistrate ordered the imposition of a lien against Ms. Tannehill. The lien was recorded in the Official Public Records on May 9, 2011, at O.R. Book 4679, Page 2424. The accrued lien amount of$196,312.20 is based on accrued fines (981 days at $200 per day), plus $112.20 in operational costs. The proposed settlement amount for this lien is $14,400, $112.20 of which represents operational costs, and the balance ($14,287.80) representing approximately 71 days of post-acquisition fines at $200 per day. Following a foreclosure (Case No. 2012-CA-2457), a certificate of title was recorded on July 12, 2013, in favor of the foreclosing lender, Federal National Mortgage Association. Through proactive communications between the Code Enforcement Department and the bank owner, the property was brought into compliance by the bank on October 22, 2013. 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 both cases, the violations were abated by the new owner. The property is in compliance and an amount of $21,600.00 has been paid, representing the combined total of the proposed settlement amounts described above. Federal National Mortgage Association is requesting a waiver of$368,828.70 in combined accrued fines in both cases. Packet Page-451- 5/13/2014 16.A.9. FISCAL IMPACT: Payment of$21,600 has been made, representing $21,487.80 in fines and $1 12.20 in operational costs, as described above. If approved by the Board, accrued fines in the amount of$368,828.70 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$368,828.70, accept payment of$21,600, and authorize the Chairman to sign the attached lien releases. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,Planning and Regulation. Attachments: 1)Release and satisfaction of liens 2) Order imposing liens Packet Page-452- 5/13/2014 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve two releases of lien,the first with a net accrued value of$194,116.50, for payment of$7,200; and the second with an accrued value of $196,312.20,for payment of$14,400 in Code Enforcement Special Magistrate Case Nos. 2007050876 and CESD20100020024, both of which cases are styled Board of County Commissioners v.Tatiana E. Tannehill, relating to property located at 2121 41st Terrace SW, Collier County, Florida. Meeting Date: 5/13/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement 4/11/2014 1 2:21:57 PM Submitted by Title: Manager-Code Enforcement Operations, Code Enforcement Name: SerranoMarlene 4/11/2014 12:21:58 PM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 4/14/2014 9:36:35 AM Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 4/15/2014 9:33:23 AM Name: NoellKevin Title:Assistant County Attorney, CAO General Services Date: 4/15/2014 10:50:54 AM Packet Page-453- 5/13/2014 16.A.9. Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/23/2014 7:45:36 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/24/2014 1:22:57 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 4/30/2014 3:59:34 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 5/1/2014 9:02:17 AM Packet Page-454- 5/13/2014 16.A.9. 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: Tatiana E. Tannehill Respondent The lien was recorded on May 9, 2011, in Official Records Book 4679, Page 2424, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Thousand Seven Hundred Twelve Dollars and Twenty Cents ($3,712.20), 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 72-7Ze Kevin Noell Assistant County Attorney Packet Page -455- 5/13/2014 16.A.9. 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: Tatiana E.Tannehill Respondent The lien was recorded on August 21, 2009, in Official Records Book 4485, Page 342, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Sixty-One Thousand Four Hundred Dollars and No Cents ($61,400.00), 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 Packet Page -456- INSTR 4558348 OR 4679 PG 2424 RECORDED 5/9/2011 9:28 AM PAGES 3 5/13/2014 16.A.9. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 127.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD—2010-0020024 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. TATIANA E.TANNEHILL Respondent. ---/ ORDE: s ;y,y:.:ayix�►:�..� !.J TRATE •OSING FINES/LI THIS CAUSE came .-for th- `:-, ia1 Magi a e for 'ubli hearing upon the Petitioner's Motion for Imposition of Fi •. 4 ! S cial Magistrate, having heard argument respective to all ap rop.at . : to e e . rs in ings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF -CT 1. On January 14, 2011, Re 40n.-nt was found guilty . vie) ion of Collier Land Development Code 04-41, as amended, S. .'. ! 02.06(B)(1) . 44&14ermitted wood canopy with concrete block shrine in the rear yard, F7,i.7•f .. .n the property located at 2121 41"Terr SW,Naples,FL,Folio#35740720101. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 14, 20II, or a fine of $200.00 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 4647,PG 3139). 3. Operational costs of$112.20 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 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, • Packet Page-457- OR 4679 PG 2425 5/13/2014 16.A.9. A. Petitioner's Motion for Imposition of Fines/Liens is granted. ' B. Daily fines of$200.00 per day are assessed against Respondent for 18 days for the period from February 15,2011 to March 4,2011 for a total amount of fines of$3,600.00. C. Respondent shall pay the previously assessed operational costs of$112.20. D. Respondent is ordered to pay fines and costs in the total amount of$3,712.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida. E. The daily fine of$200.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this 2011 at Collier County,Florida. • (...,7 ir - O..- • t: Y 'ODE ENFORCEMENT '-.'D, de% k. 00,1„Jr- 4, ✓/ .RENDA ..M ". SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)—Tatiana E.Tannehill Collier Co.Code Enforcement Dept. ;Atv o; r L.-rtisurt :ounry of COLLItk I HERVY CEFUI`F'1'`TH.r tit is is a true ant, ;orrect cop y;*;a..0,7 zmknt'9 `#lie In Etcard Minas.'a ecorui..ot Coter County 'd�S$ ev ts_o ffic-filisea$this OWIGHT -8ROU � 'tER.ie coin Packet Page -458- *** OR 4679 PG 2426 *** 5/13/2014 16.A.9. Search Results Page 1 of 1 • Collier County Tax Collector 3301 Tamiami Trail East Naples,FL 34112-4997 2010 Tax Roll Inquiry System Print this page OWNER INFORMATION I I PROPERTY INFORMATION I Name:IITANNEHILL,TATIANA E ( Parcel:135740720000 I Acre:1,23 Address:17180 MILL POND CIR I 1 Loc:11 212141ST TER SW NAPLES /hlan1(GIS Vlewl Address:1 1 Legal:(GOLDEN GATE UNIT 2 BLK 8 LOT 1 Address:11 1 1 Legal:1130 OR 1386 PG 1504 Address:/ I Legal:/ 1 Address:HINAPLES,FL 34109-1777 Legal:1 IVALUE/EXEM:PTIONSI I TAX INFORMATION I l PAY TERMS 1 ( PAYMENT INFO I Market Value: 100,071 County: 369.72 Nov: 1430.58 Paid Dt: 11/16/2010 Taxable Value: 100,071 School St: tila1Ciki �M 1445.48 Recpt: 2906 Millage Code: 20 School .•.1i ��IIMI,46039 Mach: 30 1 Ilomested Ex:1 0 �}�i�++.00 'J 129 1 Paymt:11,430.58 Agricltr Ex: 0 ROI epe •t•± 1!' ®9 1 Mort:11800311 I Widow Ex: 0 ©�1' l'I� Apr: l�_ I �I t—= STATUS INFO. I Blind Ex:1 0 .Ind•.,, .,..:_.:r�1 11T71t.�lu'Zi! �� 1 1 I Disabled:110 I F ter f fl". p].1� i' �i• Non Ad Va: Y Veteran Ex:10 1 1tLiii2 �{7 •� �� L Installment: N Wholly Ex: 0 Deferred: N I Civilian Ex:1 0 1112=1' 10.00 I .�� } Bankrupt:1 N TDA:10 () COMMENTS .^c.- **Non Ad Valorem Amount Inclade s C' INon i 8_•, .. . liorities I NON AD VALOREM INFORMATION 1 [Type IlAuth it 11Auth Name 1 Per }Amount I Garbage 19013 11Garbage 1 Dist 1 1173.49 1 I COMMENTS * *Non Ad Valorem Amount Included in Cross Tax E NewSearch I Back TO List• I 2003 Parcel Information 1 2004 Parcel Information 12005 Parcel Information 1 2006 Parcel Information I 2007 Parcel Information 1 2008 Parcel Information 1 2009 Parcel Information Last Updated:05/04/2011 5:00pm http://www.colliertax.com/search/view.p'-_OTT,_, 0 0_page=l&tc=1&taxyear=2010 5/5/2011 Packet Page -459- INSTR 4333919 OR 4485 PG 342 RECORDED 8/21/2009 4:23 PM PAGES 2 5/13/2014 16.A.9. DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Cue No.—2007-050876 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. TATIANA E.TANNEHILL, Respondent. "R CO ORDER! 41.4.11; ol xis r:.....1ti..r ' TE o A t. �i.� THIS CAUSE came b- ore I e '.._; :•: for p bli hearing upon the Petitioner's Motion for Imposition of Fine. i• •n Au t< t I',,:.. .. S•: ial Magistrate, having heard argument respective to all app •p . f: , r e IN lt i . i T'ind •gs of Fact and Order of the Special Magistrate,as follows: l .:.;, FINDINGS OF • T 1. On November 2,2007, Resp was found guilty of '• : •of the Collier County Ordinance 2004-41, as amended, Sec. 10.02...41,, 10.02.0. : and 10.02.06(BXIXE)(I); Collier County Code of Laws and Ord. Sec. 2 ; . i.. * orida Building.Code 2004, Sec. 105.1 & 105.7,for unpermitted enclosure of so14. . ation occurred on the Prh' located at 2121 41"Terrace SW,Naples,FL,Folio#35740720000. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 2, 2007, 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 4332,PG 0508 and attached hereto). 3. Operational costs of$281.95 incurred by the County in the prosecution of this case have been paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: Packet Page -460- *** OR 4485 PG 343 **= 5/13/2014 16.A.9. A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondent for 614 days for the period from December 2,2007 to August 7,2009 for a total amount of fines of$61,400.00. C. Respondent is ordered to pay fines in the total amount of$61.400.00 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. D. The daily fine of$100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this day of (11 ` 2009 at Collier County,Florida.R Co ;oetny of coma y ',, �,r ��� %- . n n i ' t a .o w CODE ENFORCEMENT I HEREBY CERT1 om . {;) SPECIAL :orrect coot artt.,,oR, . , ,. ¢'�' doard Mmute3 tl" ds` .Cole oUg:nv:. 4r �er 4-11- a ; , s ,n ` W -� a, ay ° e ,y{y,:, o� . ,.r�. �`j; " `YES t 1W1GHt E. BROW RK, s':317 C. r'-"T is s N PAYMENT OF FINES: Any fines ord-, . _;;,..'d art 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County may become a lien on your real and personal property. After three(3)months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: 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: Respondents—Tatiana E.Tannehill ,/ 9 Collier Co.Code Enforcement Dept.v Packet Page-461-