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Agenda 07/08/2014 Item #16A187/8/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens with a combined accrued value of $392,298.99 for payment of $9,904, in the code enforcement actions entitled Board of County Commissioners v. Linda Haines and William Haines, Special Magistrate Case Nos. 2007- 080938 and CEPM20120007772, relating to the property located at 3087 Lunar Street (a /k/a 3077 Lunar Street), 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 $392,298.99 for payment of $9,904.00, in relation to Code Enforcement Special Magistrate Case Nos. 2007 - 080938 and CEPM20120007772. CONSIDERATIONS: As a result of code violations at 3087 Lunar Street (a/k/a 3077 Lunar Street), in Case No. 2007 - 080938, consisting of a deteriorated vacant mobile home, the Special Magistrate ordered the imposition of a lien against Linda Haines and William Haines. This lien was recorded in the Official Public Records on December 4, 2008, at O.R. Book 4411, Page 1819. The accrued lien amount of $43,648.99 is based on 162 days of accrued fines ($250 per day from May 19, 2008 through October 28, 2008) plus operational costs of $244.99 and abatement costs of $2,904.00. Collier County brought this violation into compliance on October 28, 2008. In case CEPM20120007772, the violations (at the same address) consisted of lack of water and electricity, illegal electricity hookup, and various property maintenance violations, including exterior walls with holes, broken windows, and a fence that was damaged and not being maintained. This lien was recorded in the Official Public Records on November 16, 2012, at O.R. Book 4855, Page 2542. The accrued lien amount of $348,650.00 is based on (229 days at $1,500.00 per day, from October 17, 2012 through May 23, 2012) plus abatement costs of $5,150.00. Collier County brought these violations into compliance on May 23, 2013. Both liens encumber all real and personal property owned by Linda Haines and William Haines. Country Home LLC acquired the property via tax deed on April 29, 2014, and these code enforcement liens continue to encumber the 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 $9,904.00 to settle this matter. Country Home LLC is requesting a waiver of $382,490.99 in accrued fines. FISCAL IMPACT: Payment of $9,904.00 in fines has been made, representing $244.99 in combined operational costs, $8,054.00 in combined abatement costs, $450.00 in fines, and $1,155.01 in tax deed proceeds (tax deed proceeds were attributed to fines in case no. CEPM20120007772). If approved by the Board, accrued fines in the amount of $382,394.99 would be waived. Packet Page -604- 7/8/2014 16.A.18. 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 $382,394.99, accept payment of $9,904.00, release the lien, and authorize the Chair to sign the attached lien release. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachment: 1) Releases and Satisfaction of Liens 2) Orders imposing the lien Packet Page -605- 7/8/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to approve the release of two code enforcement liens with a combined accrued value of $392,298.99 for payment of $9,904, in the code enforcement actions entitled Board of County Commissioners v. Linda Haines and William Haines, Special Magistrate Case Nos. 2007 - 080938 and CEPM20120007772, relating to the property located at 3087 Lunar Street (a /k /a 3077 Lunar Street), Collier County, Florida. Meeting Date: 7/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 6/6/2014 3:45:37 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/9/2014 8:49:25 AM Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 6/9/2014 11:49:30 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 6/9/2014 3:15:54 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/11/2014 1:35:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 1:15:51 PM Name: IsacksonMark Packet Page -606- 7/8/2014 16.A.18. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/27/2014 10:22:45 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2014 8:08:28 PM Packet Page -607- 7/8/2014 16.A.18. 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: Linda H. Haines and William D. Haines Respondents The lien was recorded on November 16, 2012, in Official Records Book 4855, Page 2542, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty thousand five hundred dollars ($40,500.00), 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 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 -608- 7/8/2014 16.A.18. 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: Linda Haines and William Haines Respondents The lien was recorded on December 4, 2008, in Official Records Book 4411, Page 1819, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -three thousand six hundred forty -eight dollars and ninety -nine cents ($43,648.99), 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 -609- Tom Henning, Chairman COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE, Case No. — 2007 - 080938 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. LINDA HAINES and WILLIAM HAINES, Respondent. 0 THIS CAUSE came Motion for Imposition of Fine argument respective to all ap Special Magistrate, as follows: 1. On January 18, 2008, Respdul 58, as amended, Section 6, subsecti+ deteriorated condition., which violati 34112, Folio #53352680002. Magistrate found guilty oft' 12c, and 12i, for n the r¢pe9 7/8/2014 16.A.18. 4237921 OR; 4411 PG; 1819 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 12/04/2008 at 09:04AK DWIGHT E. BROCK, CLERK RBC FEE 61.00 Retn: CODE INFORCEKENT INTEROFFICE ATTN: 3EN WALDRON EYT 2444 o ubti hearing upon the Petitioner's and e Special Magistrate, having heard .s its findines of Fact and Order of the v ollier County Ordinance 2004 - obiie home in residential zone in ed at 3087 Lunar Street, Naples, FL 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 18, 2008, or a fine of $250.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4327, PG 2178 and attached hereto). 3. Operational costs of $244.99 incurred by the County in the prosecution of this case were ordered to be paid, but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion �kas presented. 5. No Request for Re- hearing or Appeal pursuant to Ordinance 0744 has been timely filed. 6. The County has abated the violation. The cost of the County's abatement is $2,904.00. _ Packet Page -610- 7/8/2014 16.A.18. OR; 4411 PG: 1820 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: A. Petitioner's Motion for Imposition of Fines /Liens is granted. B. Respondent shall pay the previously assessed operational costs of $244.99 and the costs of abatement incurred by the County in the amount of $2,904.00. C. Daily fines of $250.00 per day are assessed against Respondent for 162 days for the period from May 19, 2008 to October 28, 2008 for a total amount of fines of $40,500.00 D. Respondent is ordered to pay fines and costs in the total amount of $43,648.99 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this 1� day of t' , 2008 at Collier County, Florida. 0 �SPECIAL E � END.4,,C PAYMENT OF FINES: Any fines rte aid s County Code Enforcement Department, 2 gp�b� 2343. Any release of lien or confirmation of corn r a obligations of this order may also be obtained at this location. CODE ENFORCEMENT ATE is order may be paid at the Collier ., Naples, FL 34104, fax #(239) 403 - dion of the satisfaction of the LIEN RIGHTS: This order may 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: Respondent — Linda Haines and William Haines I/ - tCollier Co. Code Enforcement Dept. ,- r�b ; Packet Page -611- INSTR 4763482 OR 4855 PG 2542 RECORDED 11/16/2012 1:18 PM PAGES 3 7/8/2014 16.A.18. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120007772 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. LINDA H. HAINES AND WILLIAM D. HAINES, Respondents. ORDE 'R STRATE �. 90OSING FINES/LiLNf+- THIS CAUSE came for th eci� t-ivla istra a for ubl hearing upon the Petitioner's Motion for Imposition of Fin ns n No bee 2 20Io and t e ecial Magistrate, having heard argument respective to all ap rop� at¢� eps'�h p s in ings of Fact and Order of the Special Magistrate, as foliows r FINDINGS OFTA On June 1, 2012, Respond' -� s found guilty of vioisati ollier County Code of Laws and Ordinances, Chapter 22 Bu1i d Building Re ii s Article VI Property Maintenance Code, Section 22 -231 (2), (11), 22 -231 (12)(b), 22 -231 (12)(n), 22 -231 (9),22-231(5) for Comph standards - Water turned off to property by City of Naples, no water on the property, electric turned off by Florida Power and Light, electric illegally hooked up, cooking equipment does not meet ASME container standards, exterior walls have holes, brakes and surfaces are not being properly maintained, windows are broken and not being maintained, and fence as an accessory structure is damaged and not being maintained, which violation occurred on the property located at 3087 Lunar Street AKA 3077 Lunar Street, Naples, FL Folio #.53352680002 (Legal Description: LAKE KELLY UNIT 2 LOTS 83 + 84 ). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4, 2012, or a fine of $500.00 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 4806, PG 3268). On July 6, 2012 the Special Magistrate granted a continuance (A copy of the Order is recorded at OR 48I9 PG 44). 3. Operational costs of $113.08 incurred by the County in the prosecution of this case have been paid. 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. Packet Page -612- OR 4855 PG 2543 7/8/2014 16.A.18. 5. No Request for Re- hearing or Appeal pursuant to Ordinance 2010 -04 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. 2010 -04, it is hereby ORDERED: A. B. C. D. E. F. Petitioner's Motion for Imposition of Fines/Liens is granted. Part B of the Order: Daily fines of $500.00 per day are assessed against Respondent for 27 days for the period from October 7, 2012 to November 2, 2012, for a total amount of fines of $13,500.00. Part C of the Order. Daily fines of $500.00 per day are assessed against Respondent for 27 days for the period from October 7, 2012 to November 2, 2012, for a total amount of fines of $13,500.00. Part D of the Order: Daily fines o rSSi sses: for the period from October 7i3 c $13,500.00.: Respondent is ordered tQg pay ink cod `sts irrtlittptal am Notice of Assessment df Li n a' stt rties awned b, Florida. ( i % I� n o f) 1 T/ The daily fine of $500�6's$�ll �oAi'nujt County Code Enforce 6R 6cstigator, DONE AND ORDERED this Afmay of ;ed against Respondent for 27 days r a total amount of fines of mtf $40,500.00 or be subject to ,\Respondent in Collier County, c q as been confirmed by a Collier �fCoilier County, Florida. TV CODE ENFORCEMENT ;TRATE Via 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 Iocation. 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 nova, 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 —Linda H. Haines and William D. Haines Collier Co. Code Enforcement Dept. Packet Page -613- *** OR 4855 PG 2544 *** Stb-*• IX t Ll;r(i,'0A .:county of COLLIER I HFplF8YqERT.,,jlr;Y,THAT this Is a two aW . 6d(eu rrient on the in 'Mer County moros of Co WJTNESS;*MV,� 'are Via oftiCia, 99'all this lit% G)iT*E.:' kd�,K.--PUTRK OF CIOURn F, C0 Packet Page -614- r iti 7/8/2014 16.A.18.