Agenda 09/23/2014 Item #16A259/23/2014 16.A.25.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$11,745.57, for payment of $5,000, in the code enforcement action entitled Board of County
Commissioners v. Leon D. and Joan McCaskey, Code Enforcement Board Case No.
CEVR20110014528, relating to property located at 1335 Center Lane, 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 $11,745.57, for payment of $5,000, in relation to
Code Enforcement Board Case No. CEVR20110014528.
CONSIDERATIONS: As a result of a code violation at 1335 Center Lane, consisting of
prohibited exotic vegetation (Brazilian Pepper, Air Potato and Downy Rose Myrtle) within a
200 -foot radius of an improved property. The Code Enforcement Board ordered the imposition
of a lien against the property owners, Leon D. and Joan McCaskey, in Case No.
CEVR20110014528. The lien was recorded in the Official Public Records on December 17,
2012, at O.R. Book 4865, Page 2590, and it encumbers all real and personal property owned by
Leon D. and Joan McCaskey. The lien amount of $11,745.57 is based on 55 days of accrued
fines (August 22, 2012 through October 15, 2012) at $150 per day, plus $80.57 in operational
costs and $3,415 in abatement costs.
Mr. and Mrs. McCaskey acquired the property through a tax certificate on November 9, 1993.
The property was brought into compliance by Mr. McCaskey on October 15, 2012. Mr.
McCaskey is of advanced age and is unable to pay the full amount of the lien as detailed in the
attached hardship letter. He has made a good faith settlement payment of $5,000.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when full
payment of a code enforcement lien would impose a severe financial hardship on the property
owner; fines accrued by an existing owner would be considered for a waiver as long as the
existing owner has diligently pursued abatement and compliance has been achieved. Mr.
McCaskey has been actively maintaining the property and has paid $5,000 as a good faith
settlement payment. Mr. McCaskey is requesting the waiver of $6,745.57 in accrued fines.
FISCAL IMPACT: Payment of $5,000 has been made, representing $80.57 in operational
costs, $3,415 in County abatement costs, and $1,504.43 in accrued fines. If approved by the
Board, accrued fines in the amount of $6,745.57 in accrued fines 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
[ 14 -CED- 00925/1110440/1 ]
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9/23/2014 16.A.25.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $6,745.57, accept settlement payment amount of $5,000, release the lien, and
authorizes 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
3) Hardship Letter
[ 14 -CED- 00925/1110440/1 ]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $11,745.57, for payment of $5,000, in the code enforcement action entitled
Board of County Commissioners v. Leon D. and Joan McCaskey, Code Enforcement Board Case
No. CEVR20110014528, relating to property located at 1335 Center Lane, Collier County, Florida
Meeting Date: 9/23/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/25/2014 10:17:22 AM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/27/2014 8:17:07 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/27/2014 8:47:49 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 9/3/2014 9:51:12 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/8/2014 8:58:48 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 9/9/2014 9:08:29 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
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Date: 9/9/2014 7:33:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/10/2014 2:51:37 PM
Name: DurhamTim
9/23/2014 16.A.25.
Title: Executive Manager of Corp Business Ops,
Date: 9/12/2014 8:35:27 AM
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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:
Leon D. and Joan McCaskey
Respondents
The lien was recorded on December 17, 2012, in Official Records Book 4865, Page 2590, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
eleven thousand seven hundred forty -five dollars and fifty -seven cents ($11,745.57), 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
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INSTR 4775381 OR 4865 PG 2590 RECORDED 12/17/2012 10:59 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
LEON D. AND JOAN MCCASKEY,
Respondents
CEVR201 10014528
ORDER IMPOSING FINFILIEN
THIS CAUSE came on for public hearing before
Respondents at which time the Board heard testim
and Conclusions of Law and thereupon issu OW
and furnished to Respondents and was a Put
9/23/2014 16.A.25.
on February 23, 2012, after due notice to
myed evidence, and issued its Findings of Fact
=C1 writing on February 28, 2012,
ounty, Florida at OR 4772, PG
1315 , et. seq. an March 8, 2012 coverm property located at 13 t Lane, Naples, FL, Folio
75460840000, more particularly descn'jred H Blk Lot 12'�a ' g to the map or plat thereof, as
recorded in Plat Book 1882, Page 001, 53 th Record's or
ilier Colm , 'lorida.
An Affidavit of Complian bas
15, 2012, which Affidavit certificd ndei
County.
l�
.ntOffcial on October
taken as ordered by the
Accordingly, it having been br t to the Board's attentV,,/
at khe has complied with the Order
dated February 28, 2012, it is hereby ��
ORDERED, that the Responden L and Joan McCaske a '' Collier County fines in the amount
of $8,250.00 (Order Items 1 & 2) at a rate o r the qf, t t 22, 2012 through October 15, 2012
(55 days), plus the abatement costs of $3,415.0 , 1� of $80.57, for a total of $11,745.57.
Any aggrieved party may appeal a final order of the Board 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. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this �� day of , 2012 at Collier County, Florida
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* ** OR 4865 PG 2591 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
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The foregoing instrument was acknowledged before me this Z!�da y of 1�Ce.7 ,J >�
2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is
personally known to me or who has produced a Florida Driver's License as identification,
JR STINE TWENTE�
,.u.' NOTARY PUBLIC
Notary Public - State of Florida My commission expires
?w .` My Comm. Expires Jun 18, 2015
Commission # EE 87272
Bonded through National Notary Assn. CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that a true and correct co of this ORDER has been sent by U. S. Mail to Leon D.
and Joan McCaskey, 1200 Lastrada Lane, Naples P, 3 ay of 2012.
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July 31, 2014
Mr. Jeff Wright, Executive Director
Collier County Code Enforcement Dept.
2800 Horseshoe Dr. N.
Naples, FL 34104
RE: Parcel 75460840000; Case No. CEVR20110014528
Dear Mr. Wright:
I own the above- referenced parcel located at 1335 Center Ln, Naples, FL 34108, a vacant lot
subject to judgment lien in the amount of $11,745.57 recorded on December 17, 2012, at Book 4865,
Page 2540 of the Official Records of Collier County. This parcel suffers from exotic vegetation
growth. The abatement costs were $3,415.00 and operational costs were $80.57. 1 am currently
preparing to hire another landscape contractor to treat the lot again.
At the time, as the fines were accruing, I attended several board meetings concerning the
violation and informed the board of my efforts to donate the property during a difficult time. I
attempted to donate the property to the North Naples Fire Dept., the Boy Scouts of America, Habitat for
Humanity, and even jokingly remarked with the benefit of Ms. Rawson, Esq., Counsel for the Code
Enforcement Board, that even Collier County might not want the lot. On multiple occasions, I made
contact with each owner of any contiguous lots and the Germain Lexus dealership by letter to inquire
as to their interest in purchasing the parcel. I was met with rejection, dismissal, or non - response.
At the time of the hearings, I remarked that my wife of 40 years was treating for cancer and had
been very ill. In September 2013, she passed away from complications with lung cancer. I have since
lost the benefit of her retirement income because she lived beyond her 70 " birthday. I continue to be
self - employed, but at age 70 myself, I have come to enjoy a less strenuous life. During this same time,
I have endured several surgeries for cardiac stints and one major lung surgery (lobectomy of the lower
left lung). I am considered a cardiac patient with narrowing arteries of the heart. Despite my best
efforts to remain healthy, it seems my age is catching up with me.
It is my goal to resolve any pending encumbrances to the title of my property in the event of my
death for the benefit of my heirs. I have no other code enforcement issues. I am unable to pay the full
amount of the lien at this time due to my limited income, however, I propose to pay Collier County the
amount of $5,000.00 by August 8' to resolve this matter. Please advise if this is acceptable in full
satisfaction of the Order Imposing Fine/Lien. Thank you for your consideration.
Sincerely,
Leon D. McCaskey
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