Agenda 10/28/2014 Item #16A2310/28/2014 16.A.23.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$71,229.36, for payment of $679.36, in the code enforcement action entitled Board of County
Commissioners v. Jennifer Kennedy, Code Enforcement Special Magistrate Case No.
CEPM20140005517, relating to property located at 3156 55th Terrace 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 $71,229.36, for payment of $679.36, in relation to Code
Enforcement Special Magistrate Case No. CEPM20140005517.
CONSIDERATIONS:. As a result of a code violation at 3156 551' Terrace SW, consisting of failure to
have electricity in an occupied dwelling, the Code Enforcement Special Magistrate ordered the imposition
of a lien against Jennifer Kennedy in Case No. CEPM20140005517. The lien was recorded in the
Official Public Records on July 31, 2014, at O.R. Book 5063, Page 846, and it encumbers all real and
personal property owned by Jennifer Kennedy. The accrued lien amount of $71,229.36 is based on 142
days of accrued fines (May 6, 2014 through September 24, 2014) at $500 per day, plus $229.36 in
operational costs.
Following a foreclosure (Case No. 2013 -CA- 1227), a Certificate of Title was recorded on September 23,
2014 in favor of Richar Mair, Trustee. The property was brought into compliance on September 24,
2014. The County's lien for this property was filed after the foreclosure lis pendens, and is not presently
enforceable as to the property in question.
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, the new owner has diligently pursued
abatement, and compliance has been achieved within 30 days. The property is being actively maintained
and the owner has paid $679.36. Richar Mair, Trustee is requesting a waiver of $70,550 in accrued fines.
FISCAL IMPACT: Payment of $679.36 in accrued fines has been made, representing $450 in fines and
$229.36 in operational costs. If approved by the Board, accrued fines in the amount of $70,550 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 the fines in the amount of
$70,550, accept payment in the amount of $679.36, 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
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
14 -CED- 00944/1 1 21 1 71/1
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10/28/2014 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $71,229.36, for payment of $679.36, in the code enforcement action
entitled Board of County Commissioners v. Jennifer Kennedy, Code Enforcement Special
Magistrate Case No. CEPM20140005517, relating to property located at 3156 55th Terrace SW,
Collier County, Florida.
Meeting Date: 10/28/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/1/2014 4:25:16 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 10/2/2014 9:54:00 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/2/2014 10:09:35 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/2/2014 4:54:40 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/13/2014 9:19:08 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 10/14/2014 9:21:38 AM
Name: IsacksonMark
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10/28/2014 16.A.23.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/15/2014 1:08:39 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 2:50:02 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/18/2014 3:38:41 PM
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10/28/2014 16.A.23.
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:
Jennifer Kennedy
Respondent
The lien was recorded on July 31, 2014, in Official Records Book 5063, Page 846, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty -
seven thousand two hundred twenty -nine dollars and thirty -six cents ($37,229.36), 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
0
M
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 5013832 OR 5063 PG 846 RECORDED 7/31/2014 3:56 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20140005517
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JENNIFER KENNEDY,
Respondent.
( -1
THIS CAUSE came l bef fe the Sp _ia1`Vagis
Motion for Imposition of Finest eJ J�tSty
argument respective to all ar�pro e m ti rs, h u
Special Magistrate, as follows f';
' r NTDINGS OF
1. On May 2, 2014, Respon�6�tpldisfound guilty of
Ordinances, Chapter 22, Arti X 1; o
electricity, which violation occu odt�'
FL, Folio 1136458600000 (Legal Descr pt on: I
10/28/2014 16.A.23.
-Ale for publi� hearing upon the Petitioner's
a Jai Sppcial ;Magistrate, having heard
s el ` /its F�n{fincs'of Fact and Order of the
,ola�a Collier County Code of Laws and
{1,tan occupied dwelling with no
FWated at 3156 55`'� Terrace SW, Naples,
DEN GATE UNIT 7 BLK 268 LOT 15).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before May 5, 2014, or a fine of S500.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A cop), of the Order is recorded at OR 5040,
PG 2571).
3. Operational costs of $115.48 incurred by the County in the prosecution of this case were ordered
to be paid.
i
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- nearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely tiled.
6. The violation has not b =n abated as of the date of the hearing.
i
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t ** OR 5063 PG 847 * **
ORDER
10/28/2014 16.A.23.
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2007 -44, as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $500.00 per day are assessed against Respondent for 74 days for the period from
May 6, 2014 to July 18, 2014, for a total amount of fines of 537,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.48.
D. Respondent shall pay operational costs for the imposition of Fines hearing in the amount of
$113.88.
E. Respondent is ordered to pay fines and costs in the total amount of $37.229.36 or be subject to
Notice of Assessment of Lien against all proverries owned by Respondent in Collier County,
Florida. R .
The daily fine of 5500.00 slx'Jkbr+tmue to accrue
County Code Enforcement I stigator.
DONE AND ORDERED th
COLLIES C3!
{ \\ SPECIAIL`Mt/
NDA C. G
has been confirmed by a Collier
tier County, Florida.
CODE ENFORCEMENT
ATE
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, fat
(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 part)' 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.
State of Fioritla
County of COLOER .,. -„ .
cc: Respondent — Jennifer Kennedy 1 HEREP-CF-RTir Y. �JAT this is a true and
Collier Co. Code Enforcement Dept, ?mot c�ppis s?fii3nt on file in
i"soa:i; P.!inutes ande�crds of Collier County
_V, iTti--S-My,band and fficial seal this
' ii'r'Vl�f�T' '' f?ROG�•, CLERK Or COURTS
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