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Agenda 07/08/2014 Item #16A167/8/2014 16.A.16. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien (and amended lien) with an accrued value of $23,967.96, for payment of $1,168.90, in the code enforcement action entitled Board of County Commissioners v. Jerry Currie and Susan Currie, Special Magistrate Case No. CEPM20090008987, relating to property located at 1797 54th St. SW., 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 $23,967.96 for payment of $1,168.90, in relation to Special Magistrate Case No. CEPM20090008987. CONSIDERATIONS: As a result of a code violation at 1797 54th St. SW, that consisted of an unmaintained pool that is "green and stagnate," the Special Magistrate ordered the imposition of a lien against Jerry & Susan Currie, in Case No. CEPM20090008987. The first lien was recorded in the Official Public Records on November 19, 2009, at O.R. Book 4511, Page 1427 and an amended lien order was recorded on July 30, 2010, at O.R. Book 4590, Page 2157. Both the lien and the amended lien encumber all real and personal property owned by Jerry & Susan Currie. The lien amount of $23,967.96 is based on 231 days of accrued fines, ($100 per day from September 26, 2009 through May 14, 2010), plus $117.96 in operational costs and $750 in abatement costs. The County brought the property into compliance on May 14, 2010. Following a foreclosure (Case No. 2010 -CA- 2933), a Certificate of Title was recorded on April 15, 2014 in favor of Household Finance Corporation III. Because the County's lien, and amended lien, were recorded after the underlying mortgage, the County's lien was foreclosed, and is no longer enforceable as to this property. 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 $1,168.90, representing fines, operational costs, and abatement costs. The new owner is requesting a waiver of $22,799.06 in accrued fines. FISCAL IMPACT: Payment of $1,168.90 has been made, representing $300.94 in accrued fines, $117.96 in operational costs, and $750 in County abatement costs. If approved by the Board, accrued fines in the amount of $22,799.06 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 Packet Page -559- 7/8/2014 16.A.16. RECOMMENDATION: That the Board of County Commissioners waives accrued fines in the amount of $22,799.06, accept payment of $1,168.90, release the lien and amended lien, and authorizes the Chairman to sign the attached lien releases. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachments: 1) Two lien releases 2) Two lien orders Packet Page -560- 7/8/2014 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve the release of a code enforcement lien (and amended lien) with an accrued value of $23,967.96, for payment of $1,168.90, in the code enforcement action entitled Board of County Commissioners v. Jerry Currie and Susan Currie, Special Magistrate Case No. CEPM20090008987, relating to property located at 1797 54th St. SW., Collier County, Florida. Meeting Date: 7/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 6/12/2014 3:42:23 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 6/12/2014 3:59:11 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/12/2014 4:40:19 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 6/13/2014 11:31:08 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/13/2014 4:05:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2014 8:16:43 AM Name: IsacksonMark Packet Page -561- 7/8/2014 16.A.16. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/27/2014 10:36:13 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2014 8:14:07 PM Packet Page -562- 7/8/2014 16.A.16. 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: Jerry Currie and Susan Currie Respondent The lien was recorded on July 30, 2010, in Official Records Book 4590, Page 2157, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Twenty -three thousand nine hundred sixty -seven dollars and ninety -six cents ($23,967.96), 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: Packet Page -563- Tom Henning, Chairman 7/8/2014 16.A.16. 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: Jerry Currie and Susan Currie Respondent The lien was recorded on November 19, 2009, in Official Records Book 4511, Page 1427, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Four thousand two hundred seventeen dollars and ninety -six cents ($4,217.96), 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: Tom Henning, Chairman Packet Page -564- INSTR 4365118 OR 4511 PG 1427 RECORDED 11/19/2009 2:17 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM — 2009 - 0008987 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY CURRIE and SUSAN CURRIE, Respondents. -,R C-C) THIS CAUSE came before hhe ai asp Motion for Imposition of Fines/Lieris�,j�'ov erS argument respective to all appropriate m rs� ere `oil is Special Magistrate, as follows: { FINDINGS OF iFAC 1. On September 18, 2009, Resp€✓ n its were found guilty Laws & Ordinances, Chapter 22, Atfi6 `t{ Section 22 -2,3 maintained, which violation occurred o`tre�r�ot� #45850640002._ 7/8/2014 16.A.16. for publi� hearing upon the Petitioner's and Special Magistrate, having heard es\jY indings of Fact and Order of the yon of the Collier County Code of )r pool is green and stagnate, not 54`s Street SW, Naples, FL, Folio 2 An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before September 25, 2009, or a fine of 5100.60 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 4497, PG 3151 and attached hereto }. 3. Operational costs of $117.96 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondents, 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. No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. The violation has not been abated as of the date of 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 -565- 7/8/2014 16.A.16. * ** OR 4511 PG 1428 * ** A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $100.00 per day are assessed against Respondents for 41 days for the period from September 26, 2009 to November S, 2009 for a total amount of fines of $4,100.00. C. Respondents shall pay the previously assessed operational costs of $117.96 D. Respondents are ordered to pay fines and costs in the total amount of 54.217.96 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. 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 N� day of 2009 at Collier County, Florida. statk 0, � L* 1*1t� A f .. . yaanry of COLI:IER ',-�- C,. ,HEREBY CERTIFIT THAT.iiis43 *kI' RitA/ � Oftect copy of a �uESS ttty aa•p5 t . re. u * rn ^am s �c oi�ri file In : li turd k11nut =s arW= ?^^of 611.0, .5..._ day of L,b53.: E. BROW r'�c , OF COMIS 1 1'/� �...� -�.. ---'ice t c ENFORCEMENT PAYMENT OF FINES: Any fines ordered to a 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. LIEN RIGHTS: This order shall be recorded in the Public Records of Collier County. 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 — Jerry and Susan Currie / Collier Co. Code Enforcement Dept Pit 13.E Packet Page -566- INSTR 4458507 OR 4590 PG 2157 RECORDED 7/30/2010 9:57 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM — 2009 -0008987 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY CURRIE and SUSAN CURRIE, Respondents. cc) THIS CAUSE came before h`" ial- 7Giagistiate for Motion for Imposition of Finep/Lienn,T er5, -7.t1� c argument respective to all ap rop;iatd ma eeirettp4 iss _ek Special Magistrate, as follows: I`k T../ s FINDINGS OF CT 1, r� r 1. On September I8, 2009, ResA�jl d is were found guilty Laws & Ordinances, Chapter 22, A Section 22 -1 § maintained, which violation occurred on -,*h p e t}t "I #36248400009.4 —'° 7/8/2014 16.A.16. hearing upon the Petitioner's ecial Magistrate, having heard Ines of Fact and Order of the -�7 QWion of the Collier County Code of (/for pool is green and stagnate, not F97 54 "' Street SW, Naples, FL, Folio 2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before September 25, 2009, 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 4497, PG 3151 and attached hereto). 3. Operational costs of Sl 17.96 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondents, 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 fled. 6. The violation has been abated as of May 14, 2010. r•r • 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 -567- 7/8/2014 16.A.16. * ** OR 4590 PG 2158 * ** A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $100.00 per day are assessed against Respondents for 231 days for the period from September 26, 2009 to May 14, 2010 for a total amount of fines of 523,100.00. C. Respondents shall pay the previously assessed operational casts of Sl 17.96. D. Respondents shall pay abatement costs in the amount of S750.00. E. Respondents are ordered to pay fines and costs in the total amount of 523,967.96 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED Nunc Pro Tunc this "I"day of 2020 at Collier County, Florida. ]Ia4t V • L' %r%4:JA :ounzy of COLLIER HEREr3Y C6R7.;-r t';FC tris +s a true ant t' ;Direct copy or..a a^ of t on the to C 3oard Mi7utu arkr F*zcorc -ot Gooier Count' AItTntESS rrW '1 - -' r :fyi.,t seAl t!-4-5 21± Cny W. -za 0-� - » i1 c��'V2f HT. , i3P.UC�t,.C�£ri#C OF GOUK M Mn ....' RA -v.= ILI C ` , -A r ENFORCEMENT TE PAYMENT OF FINES: Any fines ordered }t i td, uant 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 shall be recorded in the Public Records of Collier County. 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 do 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 — Jerry and Susan Currie Collier Co. Code Enforcement Dept. Packet Page -568-