Agenda 09/23/2014 Item #16A219/23/2014 16.A.21.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$9,119.77, for payment of $1,119.77, in the code enforcement action entitled Board of County
Commissioners v. William Hilderbrand and Sandra Leonard, Special Magistrate Case No.
CEPM20100019517, relating to property located at 717 Crossfield 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 $9,119.77, for payment of $1,119.77, in relation
to Special Magistrate Case No. CEPM20100019517.
CONSIDERATIONS: As a result of a code violation at 717 Crossfield Circle, for an
unmaintained swimming pool and a pool enclosure with a ripped screen panel, the Special
Magistrate ordered the imposition of a lien against William Hilderbrand and Sandra Leonard, in
Case No. CEPM20100019517. The lien was recorded in the Official Public Records February
15, 2012, at O.R. Book 4765, Page 302, and it encumbers all real and personal property owned
by William Hilderbrand and Sandra Leonard. The lien amount of $9,119.77 is based on 32 days
of accrued fines (October 15, 2011 through November 15, 2011) at $250 per day, plus $1,007.30
in abatement costs and $112.47 in operational.
Following a foreclosure (Case No. 2008 -CA- 4523), a Certificate of Title was recorded on
December 31, 2013 in favor of Nationstar Mortgage. The property had already been brought
into compliance by the County on November 15, 2011. The County's lien for this property was
filed after the foreclosure lis pendens; therefore it is not presently enforceable.
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 $1,119.77 in operational and abatement costs. The new owner is requesting a
waiver of $8,000 in accrued fines.
FISCAL IMPACT: Payment of $1,119.77 has been made, representing the County's
operational costs ($112.47) and abatement costs ($1,007.30). If approved by the Board, accrued
fines in the amount of $8,000 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 of County Commissioners waive accrued fines in the
amount of $8,000, accept payment in the amount of $1,119.77, release the lien, and authorizes
[ 14 -CED- 00920/1108463/1 ]
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9/23/2014 16.A.21.
the Chairman to sign the attached release and satisfaction of lien for recording in the Official
Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: 1) Release and Satisfaction of Lien
2) Lien Order
[ 14 -CED- 00920/1108463/1 )
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9/23/2014 16.A.21.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $9,119.77, for payment of $1,119.77, in the code enforcement action
entitled Board of County Commissioners v. William Hilderbrand and Sandra Leonard, Special
Magistrate Case No. CEPM20100019517, relating to property located at 717 Crossfield Circle,
Collier County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/12/2014 3:56:35 PM
Approved By
Name: Wrightleff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:49:45 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Enviro
Date: 8/13/2014 5:06:16 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/14/2014 8:10:58 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:40:09 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:58:58 PM
Name: FinnEd
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9/23/2014 16.A.21.
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 3:54:26 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:54:34 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/25/2014 2:20:40 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 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:
William Hilderbrand and Sandra Leonard
Respondents
The lien was recorded on February 15, 2012, in Official Records Book 4766, Page 302, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of nine
thousand one hundred nineteen dollars and seventy -seven cents ($9,119.77), 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
Approved as to form and legality
��d 411-11
Kevin Noell
Assistant County Attorney
Tom Henning, Chairman
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INSTR 4658223 OR 4765 PG 302 RECORDED 2/15/2012 10:05 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20100019517
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
WILLIAM HILDERBRAND AND
SANDRA LEONARD,
Respondents.
r
9/23/2014 16.A.21.
THIS CAUSE carne b fn vh !Abi�, S or b(ic tiering upon the Petitioner's
Motion for Imposition of Fine `t�s anAhAp�Qf Magi strate, having heard
argument respective to all appro ve matters, hereupon issues its Fi�diu s of Fact and Order of the
Special Magistrate, as follows: V.1r"s`
IDINGS OF FAC FS``•�. '
1, On October 7, 2011, Respondent €
sP vti urt�.�violation of Collier County Cade of Laws
and Ordinances, Chapter 22 Building and Building Regulations, Article VI, Property
Maintenance Code, Section 22- 231(15) and Section 222- 231(12)(n) fora pool enclosure with
ripped screen panel, and unmaintained swimming pool, creating an unsafe condition, which
violation occurred on the property located at 717 Crossfield Circle, Naples, FL Folio
#56570005408 (Legai Description: MAPLEWOOD UNIT 3 LOT 105 ).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 14, 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 4728, PG 2030).
3. Operational costs of $112.47 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. The violation has been abated as of November 15, 2011.
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OR 4765 PG 303
9/23/2014 16.A.21.
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 $250.00 per day are assessed against Respondent,for 32 days for the period from
October 15, 2011 to November 15, 2011, for a total amount of fines of $8,000.00.
C. Respondent shall pay the previously assessed operational costs of $ l 12.47.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of $1,007.30.
E. Respondent is ordered to pay fines andxAWs-i t4Wotal amount of $9.119.77 or be subject to
Notice of Assessment of Lien a ' , QQ' by Respondent in Collier County,
Florida.`
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DONE AND ORDERED tflis# a (f 2 Collier County, Florida.
COLLIV$�tgl "/CODE ENFORCEMENT
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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 It
(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 shalt 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 — William Hilderbrand and Sandra Leonard
Collier Co. Code Enforcement Dept,
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