Agenda 11/18/2014 Item # 16A1311/18/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of a code enforcement lien with an accrued value of
$12,084.06, for payment of $2,284.06, in the code enforcement action entitled Board of County
Commissioners v. Andrew D. Clarke and Sandra Ann Jones, Code Enforcement Special
Magistrate Case No. CEPM20130010878, relating to property known as 6123 Manchester Place,
Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to partially
release a code enforcement lien with an accrued value of $12,084.06, for payment of $2,284.06,
as to property known as 6123 Manchester Place only, in relation to Code Enforcement Special
Magistrate Case No. CEPM20130010878.
CONSIDERATIONS: As a result of a code violation at 812 Grand Rapids Blvd., for an
unmaintained pool with algae growth, the Code Enforcement Special Magistrate ordered the
imposition of a lien against Andrew D. Clarke and Sandra Ann Jones in Case No.
CEPM20130010878. The lien was recorded in the Official Public Records on February 21, 2014
at O.R. Book 5010, Page 3563, and it encumbers all real and personal property owned by
Andrew D. Clarke and /or Sandra Ann Jones. The lien amount of $12,084.06 is based on 41 days
of accrued fines (October 12, 2013 through November 21, 2013) at $250 per day, plus $227.24 in
operational costs and $1,606.82 in abatement costs.
This request for a partial release is for a different property, 6123 Manchester Place, which
contains no code violations. This latter parcel was encumbered by the lien as a result of common
ownership by Andrew D. Clarke who inherited the property upon his mother's death. This
property is under contract and the lien continues to encumber the property.
FISCAL IMPACT: Payment of $2,284.06 has been made, representing a $450 fine, $1,606.82
in abatement costs and $227.24 in operational costs. If approved by the Board, accrued fines in
the amount of $9,800 would be waived with respect to 6123 Manchester Place only. The lien
balance would continue to encumber all other property owned by Andrew D. Clarke and /or
Sandra Ann Jones.
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 fonn 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 $9,800 with respect to 6123 Manchester Place only, accept payment amount of
$2,284.06, partially releases the lien, and authorizes the Chairman to sign the attached partial
release for recording in the Official Public Records,
14 -CED- 00946/1122885/1
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11 /18/2014 16.A.13.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: 1) Partial Release and Satisfaction of Lien
2) Lien Order
14 -CED- 00946/1122885/1
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11 /18/2014 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the partial release of a code enforcement
lien with an accrued value of $12,084.06, for payment of $2,284.06, in the code enforcement
action entitled Board of County Commissioners v. Andrew D. Clarke and Sandra Ann Jones,
Code Enforcement Special Magistrate Case No. CEPM20130010878, relating to property known
as 6123 Manchester Place, Collier County, Florida.
Meeting Date: 11/18/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/8/2014 3:36:26 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/14/2014 4:47:45 PM
Name: Wrightleff
Title: Director - Code Enforcement, Code Enforcement
Date: 10/15/2014 8:34:45 AM
Name: Noel lKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/15/2014 11:41:47 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 11/3/2014 11:24:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1 l /3/2014 2:24:21 PM
Name: IsacksonMark
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11 /18/2014 16.A.13.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 11/4/2014 9:22:11 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11/4/2014 1:50:45 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1 1/4/201 4 6:02:38 PM
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11 /18/2014 16.A.13
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
PARTIAL 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:
Andrew D. Clarke
Respondent
The lien was recorded on February 21, 2014, in Official Records Book 5010, Page 3563, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve
thousand eighty -four dollars and six cents ($12,084.06), plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County, Florida.
Lot 9, block E, Carlton Lakes, Unit No. 3A according to the plat thereof as
recorded in Plat Book 35, at page 15, of the Public Records of Collier
County, Florida.
Site address: 6123 Manchester Place
Collier County, a political subdivision of the State of Florida, by execution of this Partial Release
and Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as partial satisfaction of the lien and hereby cancels said lien with respect to the
above - described property only.
The Clerk of the Circuit Court is hereby directed to record this Partial Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to
exist as to 6123 Manchester Place.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
In
By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
fi
Kevin Noell
Assistant County Attorney
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INSTR 4947843 OR 5010 PG 3563 RECORDED 2/21/2014 3:22 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20130010878
BOARD OF COUNTY COIKMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
ANDREW D. CLARKE AND SANDRA ANN JONES,
Respondents.
THIS CAUSE came
Motion for Imposition of Fig
argument respective to all ay
Special Magistrate, as follows
1
On October 4, 2013, Respor do4 was found guilty
and Ordinances, Chapter 22, Artfcle�m,Sectionz
growtb, which violation occurrea on-the pro�e1,6�
Folio 4 8121600 8925 (Legal Description: WA -TER
1z C,r
—j—,
for
FINDINGS OF FACT
�-r
11 /18/2014 16.A.13.
)ubli6 hearing upon the Petitioner's
die Special Magistrate, having heard
s �Qings of Fact and Order of the
of vi6ktign of Collier County Code of Laws
Y�I for an unmaintained pool with algae
'; t6d at 812 Grand Rapids Blvd, Naples, FL,
WAYS OF NAPLES UNIT FIVE LOT 325).
An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 11, 2013, or a fine of $250.00 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 4976, PG 869).
3. Operational costs of $112.29 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.
No Request for Re- hearing or .Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely filed.
6. The violation has been abated as of November 21, 201' ).
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OR 5010 PG 3564 11/18/2014 16.A.13.
ORDER
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 $250.00 per day are assessed against Respondent for 41 days for the period from
October 12, 2013 to November 21, 2013, for a total amount of fines of $10,250.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $112.29.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.95.
E. Respondent shall pay the abatement costs incurred by the County in the amount of $1,606.82.
F, Respondent is ordered to pay fines.a�4 it :r ta( amount of 512.084.06 or be subject to
Notice of Assessment of Lien off t6t t le o ned,by Respondent in Collier County,
Florida. % _ ; ' , r rX
DONE AND ORDERED thisjda of%. ��yy ! , 20i�,at CbIlier County, Florida.
I
�I �CQLL R COU TTY-ODE ENFORCEMENT
SPECIAL MAGI$`I�i�ATE
�iV, C off.
C. GARRETSON
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 9
(239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obli-ations 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 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 — Andrew D. CIarke and Sandra Ann Jones
Collier Co. Code Enforcement Dept.
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** OR 5010 PG 3565 * **
State of Flo^.'a
County o` COLLIER
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Board i i%des �:;tl F cefos Eounty
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