Agenda 11/18/2014 Item # 16A1511/18/2014 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$199,000, for payment of $54,500, in the code enforcement action entitled Board of County
Commissioners v. Norman C. Partington, Code Enforcement Special Magistrate Case No.
CEPM20120003671, relating to property located 5761 Golden Gate Parkway, 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 $199,000, for payment of $54,500, in relation to
Code Enforcement Special Magistrate Case No. CEPM20120003671.
CONSIDERATIONS: As a result of a code violation at 5761 Golden Gate Parkway, consisting
of an unsecured property with broken windows and damaged exterior doors, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Norman C. Partington in
Case No. CEPM20120003671. The lien was recorded in the Official Public Records on January
23, 2013, at O.R. Book 4878, Page 2049, and it encumbers all real and personal property owned
by Norman C. Partington. The accrued lien amount of $199,000 is based on 796 days of accrued
fines (July 2, 2012 through September 5, 2014) at $250 per day. Operational costs were paid in
full prior to the lien imposition.
Following a foreclosure (Case No. 2009 -CA- 8692), a Certificate of Title was recorded on
December 31, 2013 in favor of Deutsche Bank National Trust Company, et al.. The property
was brought into compliance on September 5, 2014. The County's lien for this property was
fled 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. In this case,
the new owner abated the violation and incurred fines for two hundred eighteen (218) days
beyond the 30 -day grace period. The property is being actively maintained and the owner has
paid $54,500 in fines accrued during its new ownership. Deutsche Bank National Trust
Company is requesting a waiver of $144,500 in accrued fines.
FISCAL IMPACT: Payment of $54,500 in accrued fines has been made. If approved by the
Board, accrued fines in the amount of $144,500 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summarv.
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
(14 -CED- 00952/1 126302/1 ]
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11/18/2014 16.A.15.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $144,500, accept payment in the amount of $54,500, release the lien, and authorize
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
Attachment: 1) Release and Satisfaction of Lien
2) Lien Order
14 -CED- 00952/1126302/1 ]
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11 /18/2014 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $199,000, for payment of $54,500, in the code enforcement action entitled
Board of County Commissioners v. Norman C. Partington, Code Enforcement Special Magistrate
Case No. CEPM20120003671, relating to property located 5761 Golden Gate Parkway, Collier
County, Florida.
Meeting Date: 11/18/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/28/2014 8:13:35 AM
Approved By
Name: PuMudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/28/2014 8:35:04 AM
Name: Wriglideff
Title: Director - Code Enforcement, Code Enforcement
Date: 10/28/2014 8:58:53 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/28/2014 9:21:03 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1 1/3/2014 1 1:35:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: l 1 /3/2014 2:14:02 PM
Name: IsacksonMark
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11 /18/2014 16.A.15.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 11/4/2014 9:49:32 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11 /4/2014 12:51:07 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: l l /6/2014 3:16:17 PM
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11 /18/2014 16.A.15.
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:
Norman C. Partington
Respondent
The lien was recorded on January 23, 2013, in Official Records Book 4878, Page 2049, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -
six thousand seven hundred fifty dollars ($46,750), 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
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
By:
Tom Henning, Chairman
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INSTR 47901Q9 OR 4878 PG 2049 RECORDED 1/23/2013 4:08 PM PAGES 3 11 /18/2014 16.A.15.
DWIGHT E. BkOCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20I20003671
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs,
NOR1%1AN C. PARTINGTON,
Respondent.
IVE' ` C O
THIS CAUSE came before thi6" 5p=ial— Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Finest i a}ru 1 Special Magistrate, having heard
argument respective to all approppate m tters, he pr�s�% is `Tinaings of Fact and Order of the
Special Magistrate, as follows ,--. 'N,
FINDINGS OF' FACT!
1. On June 1, 2012, Respon�er[''t- ak found guilty of violatipn'of 'Collier County Code of Laws and
Ordinances, Chapter 22 Buifdin -and uildin egufalion4 Article VI Property Maintenance
Code, Section 22- 231(12)(i) for an,,�agcpretd 'e�rtSr ith broken windows and damaged
exterior doors, which violation occurted-oa- tfiepfoperty located at 5761 Golden Gate Parkway,
Naples, FL Folio x~38168160003 (Legal Description: GOLDEN GATE EST UNIT 30 E 15OFT
OF TR 9I ).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 1, 2012, or a fine of S250.00 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 3271).
3. Operational costs of S112.29 incurred by the County in the prosecution of this case have been
paid.
4. Boarding costs of 52,680.00 incurred by the County have been paid.
5. 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 blotion was presented.
6. No Request for Re- hcaring or Appeal pursuant to Ordinance 2010 -04 has been timely filed.
7. The violation has not been abated as of the date of the hearing.
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OR 4878 PG 2050
ORDER
11/18/2014 16.A.15.
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 187 days for the period from
July 2, 2012 to January 4, 2013, for a total amount of fines of 546,750.00.
C. Respondent is ordered to pay fines in the total amount of 546,750.00 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
D. The daily fine of $250.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement ve5tRa pt
DONE AND ORDERED this
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ENFORCEMENT
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 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 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 — Norman C. Partington
Collier Co. Code Enforcement Dept.
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OR 4878 PG 2051
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