Agenda 07/08/2014 Item #16A127/8/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of $17,312.29 for payment of
$562.29, in the code enforcement action entitled Board of County Commissioners v. ABFC 2006 -
HE1 Trust, Code Enforcement Special Magistrate Case No. CESD20100007028, relating to
property located at 3577 Randall Boulevard, 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 $17,312.29 for payment of $562.29, in relation
to Code Enforcement Special Magistrate Case No. CESD20100007028.
CONSIDERATIONS: As a result of a code violation at 3577 Randall Blvd., for an unpermitted
shed, the Code Enforcement Special Magistrate ordered the imposition of a lien against ABFC
2006 -HE1 Trust, in Case No. CESD20100007028. This lien was recorded in the Official Public
Records on September 18, 2013, at O.R. Book 4966, Page 1923. The lien encumbers all real and
personal property owned by ABFC 2006 -HE1 Trust. The lien amount of $17,312.29 is based on
accrued fines of $17,200.00 (86 days at $200 per day from July 7, 2013 through September 30,
2013), plus $112.29 in operational costs. Following a foreclosure (Case No. 2008 -CA- 9409), a
Certificate of Title was recorded on July 11, 2013 in favor of US Bank National Assn. The bank
abated the violation on September 30, 2013, then sold the property to Hector Gonzalez on May
7, 2014.
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 $562.29 in fines and operational costs. Hector Gonzalez is requesting a waiver
of $16,750.00 in accrued fines.
FISCAL IMPACT: Payment of $562.29, representing $450 in fines and $112.29 in operational
costs, has been made. If approved by the Board, accrued fines in the amount of $16,750.00
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 forin 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 $16,750.00, accept
payment of $562.29, 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) Order imposing lien
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$17,312.29 for payment of $562.29, in the code enforcement action entitled Board of County
Commissioners v. ABFC 2006 -HE1 Trust, Code Enforcement Special Magistrate Case No.
CESD20100007028, relating to property located at 3577 Randall Boulevard, Collier County,
Florida.
Meeting Date: 7/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
6/4/2014 2:14:13 PM
Submitted by
Title: Manager - Code Enforcement Operations, Code Enforcement
Name: SerranoMarlene
6/4/2014 2:14:14 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 6/5/2014 1:15:23 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/6/2014 10:30:07 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/6/2014 10:52:26 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 6/10/2014 9:07:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 1:15:38 PM
7/8/2014 16.A.12.
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 10:13:45 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:08:15 PM
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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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
ABFC 2006 -HE1 Trust
Respondent
7/8/2014 16.A.12.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on September 18, 2013, in Official Records Book 4966, Page
1923, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of twelve thousand five hundred twelve dollars and twenty -nine cents
($12,512.29), 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
By:
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Tom Henning, Chairman
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INSTR 4891593 OR 4966 PG 1923 RECORDED 9/18/2013 10:36 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S27.00
,()III EX COIJNTY CODE FNFORC'FNIEN
SPECIAL MAGISTRATE
Case No. — CESD20100007028
I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
ABFC 200(-HEI TRUST,
Respondent.
t LINJPQSI?Y FINESILIL -N5
THIS CAUSE came bdfor ErcisFichieTei �MVMute far
Motion for imposition of Finestitga argument respe ctive to all appropnafe p� ids es�tR
Special Magistrate, as fntlowt -,
l •— ` F�>� D1NQS O A` F�>� 01NQS O A�
1. On February 3, 201 R `� acknt,.as found guilty o +siola�
Development Code 04-41, s,atrp died, Section 10.0'..
without obtaining a Collier Count )ug penTd ��-)
located at 3577 Randall Blvd, Na yupka
GATF, EST LNNIT 68 fit' 150I7 OF TR?
heating upon the Petitioner's
cial Magistrate, having heard
tes of Fact and Order of the
) bf Collier County Land
0(a) for a shed on the property
3lation occurred on the property
!9 (Legal Description: GOLDEN
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 3, 2012, or a fine of $200.00 per day Nvould be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4765,
PG 394). A Continuance was *ranted on July 6, 2012. (A copy of the Order is recorded at OR
4819 PG 46).
3, Operational costs of 5112.29 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent, having b=n 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.
& The violation has not been abated as of the date of the hearing.
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OR 4966 PG 1924
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 FineslLiens is granted.
B. Daily fines of $200.00 per day are assessed against Respondent for 62 days for the period from
July 7, 2013 to September 6, 2013, for a total amount of fines of S 12,400.00.
C. Respondent shall pay the previously assessed operational costs of SI 12 .29.
D. Respondent is ordered to pay fines and costs in the total amount of S12-51 2.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of 5200.00 shall cnntitteeructztt ' abatement has been confirmed by a Collier
County Code Enforcement lneesii��s,.�._...._
DONE AND ORDERED this ! � 13-Al CcAlier County, Florida.
E � '4 e� , � '�• '� � t�l 1 �� 1 I
'--'- otOWERGVL*;t ? -bI)F. ENFORCEMENT
SPECIAL AiAGIStfMTE
�- V-k;
NDA C. G ON
T' \ VN1I'N:T (?F VINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2 800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252 -2343. Any release of li ^n or confirmation of compliance or confirmation of the satisfaction of
Vie obligations of this order may also be obtained at this location.
APP AT.t Any acn,.tieved parry may appeal a final ender or the Serial Magistrate to the Circuit
Corm within thirty (34) days of the execution of the Order appealed. An appeal shall not be a hearing
de nova, bat shall tic limited to appellate review of the record created within the original hearing. It is
the responsibility of the appealing; party to`bbtain a transcribed record of the hearing from the Cleric of
Courts. 17 ding an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent -ABFC 2006 -HE! Trust
Collier Co. Code Enforcement Dept.
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