Agenda 06/24/2014 Item #16A 96/24/2014 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of $11,154.80 for payment of
$1,354.80, in the code enforcement action entitled Board of County Commissioners v. Neil Forney,
Code Enforcement Special Magistrate Case No. CEPM20110010215, relating to property located at
5573 Cove Circle, 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 $11,154.80 for payment of $1,354.80, in relation
to Code Enforcement Special Magistrate Case No. CEPM20110010215.
CONSIDERATIONS: As a result of a code violation at 5573 Cove Circle for an unmaintained
pool, the Code Enforcement Special Magistrate ordered the imposition of a lien against Neil
Forney, in Case No. CEPM20110010215. This lien was recorded in the Official Public Records
on March 21, 2012, at O.R. Book 4776, Page 3204, and it encumbers all real and personal
property owned by Neil Forney. The accrued lien amount of $11,154.80 is based on 41 days of
accrued fines at $250.00 a day ($10,250), plus operational costs of $112.20, and County
abatement costs of $792.60. The property was brought into compliance by the County on
December 19, 2011. Following a foreclosure (Case No. 2011 -CA- 4349), a Certificate of Title
was recorded on May 6, 2014, conveying the property from Mr. Forney to Alexander Oppliger,
as Trustee of the 5573 Cove Cir Trust.
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, fines accrued prior to
transfer of title, and compliance has been achieved. The property is in compliance and the new
owner has paid $1,354.80, representing $450 in fines and $904.80 in costs. Mr. Oppliger is
requesting a waiver of $9,800.00 in accrued fines.
FISCAL IMPACT: Payment of $1,354.80 has been made, representing $450 in fines and
$904.80 in costs. If approved by the Board, accrued fines in the amount of $9,800.00 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 fonn 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 of County Commissioners waives the fines in the
amount of $9,800.00, accept payment of $1,354.80, release the lien, and authorize the Chair to
sign the attached lien release for recording in the Official Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1) Release and Satisfaction of Lien
2) Lien order
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6/24/2014 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$11,154.80 for payment of $1,354.80, in the code enforcement action entitled Board of County
Commissioners v. Neil Forney, Code Enforcement Special Magistrate Case No.
CEPM20110010215, relating to property located at 5573 Cove Circle, Collier County, Florida.
Meeting Date: 6/24/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
5/28/2014 8:47:47 AM
Submitted by
Title: Manager - Code Enforcement Operations, Code Enforcement
Name: SerranoMarlene
5/28/2014 8:47:48 AM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 5/28/2014 10:11:31 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/28/2014 1:38:54 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/28/2014 2:38:39 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 11:10:23 AM
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6/24/2014 16.A.9.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/11/2014 11:00:02 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 11:27:54 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 10:30:26 AM
Packet Page -615-
6/24/2014 16.A.9.
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:
Neil Forney
Respondent
The lien was recorded on March 21, 2012, in Official Records Book 4776, Page 3204, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of eleven thousand one hundred fifty -four dollars and eighty cents ($11,154.80),
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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Packet Page -616-
Tom Henning, Chairman
INSTR 4671243 OR 4776 PG 3244 RECORDED 3/21/2012 9:46 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -- CEPM20110010215
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
NEIL FORNEY,
Respondent.
THIS CAUSE came b4forq'th Spb
Motion for Imposition of Fine�/1;,ie'ps 1 �
argument respective to all approp #tc made
Special Magistrate, as follows:
\ ` Fi
O L/\
6/24/2014 16.A.9.
g upon the Petitioner's
igistrate, having heard
of Fact and Order of the
1. On November 1, 2011, Respon eftast`nolation of Collier County Code of Laws
and Ordinances, Chapter 22, Buildin_es- indJ!uif ttgRegulations, Article V1 Property
Maintenance Code, Section 22- 231(15) for a pool that is green, stagnant, and not properly
maintained, which violation occurred on the properly located at 5573 Cove Circle, Naples, FL
Folio #24268001563 (Legal Description: COVE, THE (HO) LOT 73).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 8, 2011, or a fine of 5250.00 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 4737, PG 215).
3. Operational costs of 5112.20 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 2010 -04 has been timely filed.
6. Tlrc violation has been abated as of December 19, 2011.
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* ** OR 4776 PG 3205 * **
6/24/2014 16.A.9.
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 5250.00 per day are assessed against Respondent for 41 days for the period from
November 9, 2011 to December 19, 2011, for a total amount of fines of $10,250.00.
C. Respondent shall pay the previously assessed operational costs of $112.20.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of 5792.60.
E. Respondent is ordered to pay fines and costs in the total amount of $11,154.80 or be subject to
Notice of Assessment of Lien against All ropeites- owned by Respondent in Collier County,
Florida. C(-)(
DONE AND ORDERED this da'� of f 201�\at Collier County, Florida.
j �i � il 0
R . -CODE ENFORCEME1r"T
` - SPECL M, MAI1GI TE
54
PA'%rMENT 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 #r
(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 CIerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent -Neil Forney
Collier Co. Code Enforcement Dept
ata +n o: F v %niWl
; ounty of COLLIER
t HEREBY CERTIFY T14AT ttth r • tWalb
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