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Agenda 01/08/2013 Item #16K4 1N2013 Ifti4Vi i6W -Added Agenda Item No. 16K4 May 26, 2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens, arising from Code Enforcement Special Magistrate Case Nos.2006-081081,2006-110049,2007-020244,2007-030057,2007-040275,2007- 070378, 2007-070379, 2007-080081, 2007-080702, 2008-007987, entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization for the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens (totaling $304,242.65) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for minimum housing and unlicensed vehicle ordinance violations at several properties in Collier County. CONSIDERATIONS: Together, Henry Tesno and Jill Weaver ("Tesno and Weaver") own twelve residential properties in Collier County. They have a long history of code enforcement violations, and in the past ten years, over twenty-five liens have been imposed against their real and personal property, mainly for minimum housing violations. According to Code Enforcement Department calculations, the total amount of outstanding fines exceeds one million dollars. Most of the ten liens at issue are the result of minimum housing violations, and include renting property to tenants without running water or electricity, and other violations involving unsafe structures. These violations create serious health and safety concerns. Additional details concerning the ten liens that are the subject of the proposed foreclosure action include the following: Case No. Amount OR Bk/Page OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 26,562.59 4305/2912 OSM 2007-040275 $ 149,719.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 55,767.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 31,317.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 TOTAL $304,242.65 Under Section 162.09, Florida Statutes, these liens are against all real and personal property owned by Tesno and Weaver. Because several of the violations at issue occurred at properties which are co-owned by Tesno and Weaver on Lunar Street and on it S12013 (F es► #I6k" /Wed Agenda Item No. 16K4 May 26, 2009 Page 2 of 3 Van Buren Avenue,the initial targets of the proposed foreclosure action are: 3069 Lunar Street, 3145 Lunar Street, 3137 Lunar Street, and 3140 Van Buren. These properties are located just north of the intersection of Bayshore Drive and Thomasson Drive. Together, these four non-homestead properties are appraised at $244,204.00, according to the Collier County Property Appraiser 2008 Final Tax Roll. FISCAL IMPACT: The fiscal impact of initiating a foreclosure suit is approximately $360.00 (representing a $300.00 filing fee plus cost of service). Costs for maintaining the lawsuit (including, as necessary, any title review, copies, mailings, service, transcripts, and other routine litigation costs) should not exceed $500. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such no ex parte disclosure is required. This item requires a simple majority vote, and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above,pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright, Assistant County Attorney 1f8(24013 ( * ((1`f Agenda Item No. 16K1 April 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09,Florida Statutes, in relation to twenty-two(22) code enforcement liens, arising from Code Enforcement Special Magistrate Cases listed herein, all of which are entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to twenty-two (22) code enforcement liens (totaling $878,341.91) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for various code enforcement violations at several properties in Collier County. CONSIDERATIONS: Henry Tesno and Jill Weaver ("Tesno and Weaver") own eleven residential properties in Collier County. They have a long and extensive history of code enforcement violations. In the past ten years, over twenty-five liens have been imposed against their real and personal property, mainly for minimum housing and litter violations. Because violations have involved tenants living without running water or electricity, as well as unsafe structures,these violations have created serious health and safety, as well as aesthetic, concerns. Additional details concerning the liens that are the subject of proposed foreclosure proceedings include the following: Case No. Amount OR Bk/Page OSM-2006-070464 $ 250.61 4492/3355 OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 29,826.59 4305/2912 OSM 2007-040275 $ 196,825.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 187,267.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 53,817.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 OSM-CEPM-2008-0003253 $ 32,108.02 4492/3351 OSM-2007-050039 $ 163.80 4305/2646 OSM-2007-080079 $ 50,341.79 4378/820 OSM-CEPM-2008-0011071 $ 76,607.04 4445/1180 OSM-2007-080993 $ 31,314.82 4324/2105 OSM-CEPM-2008-0008890 $ 42,247.04 4408/3634 OSM-CEPM-2008-0003564 $ 76,400.25 4411/1827 OSM-CEV-2008-0007718 $ 241.29 4402/1225 OSM-CEPM-2008-0007719 $ 17,367.87 4402/1229 OSM-CEV-0007422 $ 26,597.77 4411/1804 OSM-CENA-2008-0007439 $ 16,088.96 4411/1809 TOTAL $878,341.91 lit/20 I k,,,*ila k5/ 1 Pie Agenda Item No. 16K1 April 27, 2010 Page 2 of 5 On May 26, 2009, under agenda item 16.K.4, the Board authorized the initiation of foreclosure proceedings against Tesno and Weaver, which authorization covered only ten (10) liens (see Executive Summary dated 5/26/09, included in the backup materials for this item). Since then, the County has filed a counterclaim asserting various code enforcement lien interests. Because there are twelve additional liens that are eligible for foreclosure, this item seeks authorization to foreclose any and all of the listed liens, via complaint or counterclaim, against any and all non- homestead properties owned by Tesno and/or Weaver. FISCAL IMPACT: The fiscal impact of initiating the proposed foreclosure proceeding is approximately $2,000.00 (representing a $905.00 filing fee, plus costs of service, publication, and other related costs). Costs for maintaining the lawsuit (including, as necessary, any title review, copies, mailings, service,transcripts, and other routine litigation costs) should not exceed $1,000. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above, pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright, Assistant County Attorney 0120 113 Hem ieokik haell EXECUTIVE SUMMARY Recommendation to authorize a representative of the County Attorney's Office to bid on eight parcels on behalf of the County at code enforcement lien foreclosure sales scheduled by the Clerk in the case styled Board of County Commissioners of Collier County v. Henry J. Tesno, et al., now pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County,Florida,Case No. 11-904-CA. OBJECTIVE: To obtain Board authorization for a representative of the County Attorney's Office to bid on eight parcels to be sold at separate foreclosure sales (currently set for January 17, 2013), as a result of a Summary Final Judgment in favor of the County in Collier County v. Henry J. Tesno, et al., Case No. 11-904-CA. CONSIDERATIONS: On May 26, 2009 (Agenda Item 16K4) and April 27, 2010 (Agenda Item 16K1), the Board authorized the initiation of foreclosure proceedings against Henry Tesno and Jill Weaver in relation to twenty-two (22) code enforcement liens. The foreclosure action was filed on March 22, 2011. On December 14, 2012, the Court entered a Final Summary Judgment for Foreclosure in favor of the County, reciting a total sum due of$1,063,504.41 under the liens. A copy of the December le judgment is attached in the backup to this item. The judgment also directed the Clerk to sell eight of Tesno and Weaver's properties located off of Bayshore Drive, in unincorporated Collier County, to satisfy the liens. These sales are scheduled to take place on January 17, 2013. In the event the County obtains title to the properties, there is a strong likelihood that the County will be able to recoup any cleanup costs, as well as costs associated with the acquisition of these parcels, upon re-sale. There is also the potential for recovery of the County's costs via third- party bidders. Accordingly, the County's minimum bids will be calculated to recoup all hard costs expended by the County in relation to the foreclosure and underlying violations. FISCAL IMPACT: If the County takes title to any of the properties, nominal recording costs will be required. These costs are to be paid from the "Code Enforcement Board Fines" Revenue Account. Sufficient budget exists in the FY 2013 Fund (111) Code Enforcement Department budget to participate in this foreclosure sale. Any fiscal impact will likely be offset upon acquisition and/or sale of the properties. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize a representative of the County Attorney's Office to bid on the subject parcels up to the amount of its final judgment at the foreclosure sale; and 2. Accept title to the parcels and authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and 3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title;and 4. Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the property in accordance with state and local laws. Prepared by: Jeff E. Wright,Assistant County Attorney INSTR 4778293 OR 4868 PG 769 RECORDED 12/21/2012 2:46 PM PAGES 8 I I 116)13 1 ' 44 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 044144 . � A • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA—CIVIL DIVISION BOARD OF COUNTY COMMISSIONERS, Filed Open Gott COLLIER COUNTY,FLORIDA, Date: t. Dwight E.Brock,Ctedt j• Plaintiff, By:hiltwitng,D.C, > vs. CASE NO.: 11-00904-CA HENRY J.TESNO et al, Defendants. / ,,R C FINAL SUMM•_141 c.1. ' " ' '' kV _■•RECLOSURE (..) THIS ACTION came befo• the -2 - . December 1', 20 , on Plaintiff's MOTION FOR SUMMARY JUDGMENT for ■•re• osure • • . e Court, havin 1 rev ewed the pleadings, affidavits, and other evidence of record, . d h. g h. • fa): 4 • ` re an. being otherwise fully advised in the premises,finds as follow- .C; A. Service of proces 4 been properly se >L • p. , Defendants and the Court has jurisdiction over the parties and ov el bject matter of tlu .c • . B. Defendants, HENRY . TE ►e . i 'i ' VER, are the record owners of the Subject Properties(as further described in Para -E; elow)in this lawsuit. C. The County's interest in the code enforcement liens that are the subject of this action is paramount and superior to any right, title, interest, claims, liens, encumbrances, and equities of the Defendants, HENRY J. TESNO and JILL WEAVER, and all persons claiming any interest in the Subject Properties(as further described in Paragraph E,below)since the filing of the Lis Pendens. D. Certified copies of the Orders Imposing Fine/Lien ("Orders") rendered by the Collier County Code Enforcement Board and/or Special Magistrate were properly recorded in the Official Public Records of Collier County,and constitute valid liens upon the Subject Property. These Orders are as follows: 1. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$250.61; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3355. • OR 4868 PG 770 II S(2 '/3 1104%�0 killeck • •. 2. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$1,151.16; this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2843. 3. On October 17, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$2,630.98; this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR BookA402,Page 11754. 4. On Novembe r •A R r cial Magistrate of Collier County, Florida, a lien w.- im•-". _ • _: Weaver and sn in the amount of$874.69; this l> - lien was duly ce ifi:. .i.�. _•, •. - '7, 007 in the Official Records of 1. Collier County, ' . s• 19 ' s s. 4; I Pal l 4.51.F-., 5. On Nove , 2007, by Order_, S Magistrate of Collier County, Florida,a lien was • c j.,upon Weaver 94c 06, in the amount of$29,856.29; this lien was duly certified and r , .td(eil eveember 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2912. 6. On February 8, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$149,719.65, with continuing fines to April 27, 2010 for a total lien as of that date of$196,825.65; this lien was duly certified and recorded on February 22, 2008 in the Official Records of Collier County,Florida in OR Book 4332,Page 679. 7. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$5,267.95; this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2693. 2 OR 4868 PG 771 021515- t 'f(d1 Add • • • 8. On January 15, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno,in the amount of$55,767.95,with Continuing fines to April 27, 2010 for a total lien as of that date of$187,267.95; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4324,Page 2113. 9. On July 1,2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$491.79; this lien was duly certified and recorded on July_ C()2008 in the Official Records of Collier County, Florida in OR Book 43. ;R °I ., 10. On Jan 15, , -by Order of the ' •eel 1 Magistrate of Collier County, Florida,a lien w i .9. 'h in a amount of$31,317.30,with continuing fines �, it •r • tal at date of$53,817.30;this lien was duly certifie ecorded on Jan • -/ 8, 2 • the Official Records of Collier ,a County,Florida in O „• 4324,Page 210 .��e, / 11. On October 3, 200 , e Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno,in the amount of$30,458.59;this lien was duly certified and recorded on October 9, 2008 in the Official Records of Collier County,Florida in OR Book 4399,Page 3517. 12. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno,in the amount of$32,108.02;this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3351. 13. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$163.80; this 3 OR 4868 PG 772 1142613 I f-- #/" ,ockiost • • lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2646. 14. On July 1,2008,by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno,in the amount of$50,341.79;this lien was duly certified and recorded on July 15,2008 in the Official Records of Collier County, Florida in OR Book 4378,Page 820. 15. On April 3,2009,by Order of the Special Magistrate of Collier County,Florida, a lien was imposed upon Weaver esno,in the amount of$76,607.04;this lien was CO ,\ duly certified and reco •v i n I, •• Official Records of Collier County, C Florida in OR Boo • •• cPage-h 80. 16. On Jan ,`8 4 i• r'•• ial Magistrate of Collier County, Florida,a lien w:. ' .+ . • R.7 and j -n•, e amount of$31,314.82;this t' i lien was duly ce • and recorded on. . -, 008 in the Official Records of Collier County,Flori• •_ c,: Book 4324,P c52,10 . 17. On November 7, 201 • - e'the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$42,247.04;this lien was duly certified and recorded on November 20, 2008 in the Official Records of Collier County,Florida in OR Book 4408,Page 3634. 18. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$76,400.25;this lien was duly certified and recorded on December 4, 2008 in the Official Records of Collier County,Florida in OR Book 4411,Page 1826. 19. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$241.29; this 4 OR 4868 PG 773 IM2013 Ik " //,kq' Added • • • lien was duly certified and recorded on October 221, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1225. 21. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno,in the amount of$17,367.87;this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1229. 22. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon R er and Tesno, in the amount of$26,597.77;this 1 C(j lien was duly certifies e o & 4, 2008 in the Official Records of Collier County,Fl• 'dad � ;•k 4411,Page 04. 23. On Nove be r•►�►• o c. , • . • cia Magistrate of Collier County, Florida, lien w:- • •,• s0 , •"we. and'I .11., e amount of$16,088.96;this a, lien was duly ce and recorded on !/, - •b- , 008 in the Official Records of Collier County,Flori is c ; Book 4411,P. (4,8 . E. Pursuant to § 162.09(3), F ese Orders imposed an enforceable lien against the following property(the"Subject Properties"),described as: Parcel A: LOT 77,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel B: LOT 15,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel E: LOT 78,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel F: MOBILE HOME AND LOT 16,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 5 OR 4868 PG 774 1/812611 2O` /f$f 1 Added S • • Parcel G: LOT 14,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel H: LOT 8,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 96,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel I: LOT 3,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel K: LOT 72,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTTY,_FLORIDA. F. There are no other e recorded against •el-S ject Properties, which liens are superior to the County's code a rc- t, ' ns> G. Plaintiff, Collier Co • 4• i • pr secution of this action in the amount of$3,452.50(represent n ' r, e • tip.vit of Diane Flagg(Exhibit B to the County's Motion). In a ' n, 'lainti will e nd 60 "` •osts for foreclosure processing ($70 per sale,for eight sales). Th sp •sts,combined,eq $ ,I z5 L H. Default was entered •:•`-,. ail Defendants k 15,2011. I. As to each Defendant,the : i{cg ntJ1 - :•es of material fact,and Plaintiff,Collier County,is entitled to a judgment in its favor as a matter of law;accordingly,it is ORDERED AND ADJUDGED that Plaintiff's Motion for Summary Judgment for foreclosure against Defendants HENRY TESNO and JILL WEAVER, et al., and any person claiming an interest in the Subject Properties through them, is hereby GRANTED and a Final Summary Judgment for Foreclosure("The Judgment")is hereby entered in accordance with the following terms: 1. As of December 14, 2012, there is due and owing from Defendants, HENRY TESNO and JILL WEAVER, to the Plaintiff, the accrued sum of the code enforcement lien which equals $1,059,491.91,for which let execution issue. 2. Plaintiff,Collier County,is entitled to the costs incurred in this action,pursuant to § 162.10,Florida Statutes,in the amount of$4,012.50. 3. Plaintiff has code enforcement liens as a security interest to secure the payment of the aforesaid sums against the Subject Properties. Plaintiff's liens are prior,paramount,and superior to all 6 OR 4868 PG 775 1/811.013 Hain*16 kliJ Aided • • rights, claim, liens, interest, encumbrances, and equities of the Defendants and all persons or entities claiming by,through,or under said Defendants or any one of them. 4. Unless the Defendants shall, at any time prior to the sale of the properties described herein,pay to Plaintiff the total sum of$1,063,504.41,with interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell each of the Subject Properties at eight (8) separate public sales, all to be held on 30nuot.•r (h , 2013, at I ro0 o'clock,to the highest and best bidder(s) for cash, in the Third Floor Lobby,Collier County Courthouse Annex,Naples, Collier County,Florida, in accordance with § 45.031, Florida Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the Defendants named -i dO `�sons or entities claiming interest in said properties,as of the date of filing of • !' 'ce of Lis Pen 5. Plaintiff is hereby rive' (ear+: : bid at all eight es • d apply against any debt made by it, the amount found to be due '1..11 iff . Jud ent. Sect .n 45.031(2), Florida Statutes, requires that the high bidder t the '"p,,' e . o Fiv Percent(5%) of the final bid. t, In the event that a successful .. - z:'s • �" .c- req:. ti 'sit in accordance with Florida Statutes with the Clerk, said bid s- ,id and the sale s •.1:10)to 401'-1' cond highest bidder, who shall also comply with Florida Statutes • r ion to the require. .,,`:. t. However, if the Plaintiff is the successful bidder,it is excluded from t depot i •,sr;, 5 e( C 6. Out •of the proceeds arising from a of the property,the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to Plaintiff as set forth in this final judgment,plus interest at the rate prescribed by law from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upon motion and notice of hearing to all parties,the Court will adjudicate the rights hereto according to law and equity. 7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and upon the Clerk filing Certificates of Sale and Certificates of Title,the sales shall stand confirmed and title shall pass fully and completely to the purchasers named in the Certificates of Title free and clear of any right, title, interest, estate, claim, or equity of redemption of the Defendants or any person claiming, by, through, or under them, or any person claiming any interest in the Subject Properties, 7 i/'20[3 r di(4"kg *** oR 4868 PG 776 *** ` • • . . • and the purchaser at the sale shall be let into possession of the property. Further, any and all persons whosoever claiming against the Subject Properties,by virtue of any liens or other interest unrecorded as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from asserting any such liens or other interest any such liens or other interest shall be discharged forever,in accordance with Florida Statutes. 8. Upon entry of this Judgment,Parcels C,D, J,and L, as described in Plaintiff's Motion for Summary Judgment,are hereby released from the liens described in Paragraph D,above. 9. This Court retains jurisdiction of this cause for purposes of maldng all other orders and judgments as may be necessary and appropriate herein, including, but not limited to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (20 4 Rnediti for entry of a deficiency judgment in favor of the Plaintiff in the event th. - . '.ceeds of the s.1 = etl' property are insufficient to pay the amounts due and owin g •Plaintiff urs : , Judgment. Up n th filing of the Certificate of Title, Defendants shall relinquish pos ssi.n ø? ymflber Pro. ies. DONE AND ORDER ED a • , ,2012. Ii1 ' ' / /i' i /.17; � - '1 jE Vim "•urt Judge Cupfor�c►ed copies to: `1 �`T r \"1' ,` Henry J.Tesno Jill J.Weaver 3117 Areca Avenue Naples,FL 34112 Jeff Bluestein,Esquire / Marc L.Shapiro,P.A. 720 Goodlette Road N.-Ste.304 Naples,Florida 34102 Jeff E.Wright Assistant County Attorney .., 3299 Tamiami Trail,East-Suite 800 Naples,Florida 34112 Bookkeeping Cr �OP 8 Patricia L. Morgan From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Friday, January 04, 2013 2:43 PM To: Klatzkow, Jeff; Pochopin, Pat;Jacobs, Susan; Puig, Judy; Marcella, Jeanne;Alonso, Halley; Curran, Janet; Lehnhard, Pat; Minutes and Records Subject: FW: Executive Summary/Back Up Add On Item 16K4 January 8 2013 BCC Meeting Attachments: ES - Tesno auction.pdf; tesno final judgment.pdf; BCC prior approvals.pdf;Walk-on item (authorization to bid at foreclosure sales); BCC January 4 2013 Memo Add On Items to January 8 2013 Agenda.docx FYI, thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email From: BrockMaryJo Sent: Friday, January 04, 2013 2:32 PM To: DL_BCCSEC; DLCOMM Subject: Executive Summary/Back Up Add On Item 16K4 January 8 2013 BCC Meeting Good afternoon, Attached please find the first of two e-mails with reference to additions to Tuesday's BCC agenda. This e-mail is in reference to Add On Item 16K4. Hard copies have been delivered to your Executive Aides. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock @colliergov.net 239.252.8364 please consider the environment before printing this email �%.nAi kr ma3 a,ares ,>,:tlbtr.,3ec?ru.t 1 yy.au d,not tfo,T,'your e ml trey,,3e ,aSec a as;p , se IC''a puC i reCVC,. t Pr ri;r a r 3?i y eC d t , .a"•hc'e`y leleaaaone C1 to rdi 1 Co er County Office of the County Manager MEMO Date: January 4, 2013 To: Board of County Commissioners From: Leo E. Ochs, Jr., County Manager Subject: January 8, 2013 Agenda Add-On Items Attached are two additions to the January 8, 2013 BCC meeting agenda: Item 10S: Recommendation to approve agreements for planning, permitting, and engineering services related to Clam Pass and approve associated budget amendments. (Commissioner Hiller) (The Executive Summary and back-up materials for this item will be submitted as an Add-On Item to the agenda, subject to Board of County Commission approval.) Item 16K4: Recommendation to authorize a representative of the County Attorney's Office to bid on eight parcels on behalf of the County at code enforcement lien foreclosure sales scheduled by the Clerk in the case stytled Board of County Commissioners of Collier County v. Henry J. Tesno, et al., now pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No. 11-904-CA. (County Attorney's request) Patricia L. Morgan From: WrightJeff <JeffWright @colliergov.net> Sent: Thursday,January 03, 2013 3:31 PM To: Klatzkow,Jeff Subject: Walk-on item (authorization to bid at foreclosure sales) Jeff— The reason for the walk-on item (to authorize the CAO to bid at the 1/17/13 foreclosure sales) is as follows: Judgment in this code lien foreclosure case was entered on 12/14/12, and was sent to the Clerk for recording and transmission. Recording took place on the afternoon of Friday, 12/21 (the afternoon before the Christmas holiday), and copies were mailed to the County. However,the copies did not arrive at our office until 12/28 (the Friday before New Years), after the County Manager's agenda cutoff for agenda items. Given the 1/17 sale date,the only BCC meeting date to obtain authorization to bid is the 1/8/13 meeting. The alternative is to cancel and reschedule the 1/17 sales,which would result in paying advertising costs($484.40)twice. Please let me know if you need additional information. Thank you, Jeff Jeff E.Wright Assistant County Attorney Office of the Collier County Attorney 3299 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 239-252-8400 239-252-6300(fax) H. .,.Th �.yo/ t,r Asa, ra J.,r..7.,s.,c rrd E �.- ._ to m. _ ... � .„ r i.� =It); �u�r n.F..cxc4,c,,,v_ � .,,a=�ri=_ � T� _y�„, � u., _<-� c,t,�,r-�;<�.,..3„t� on rot ,r rzF 6._.rr,,r!�,it a-to 1h a err!i.y, rr.irra0. .r rr rrt 11"I. .1ft'r=1,t&epfar:3r 1 EXECUTIVE SUMMARY Recommendation to authorize a representative of the County Attorney's Office to bid on eight parcels on behalf of the County at code enforcement hen foreclosure sales scheduled by the Clerk in the case styled Board of County Commissioners of Collier County v. Henry J. Tesno, et al., now pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County,Florida, Case No. 11-904-CA. OBJECTIVE: To obtain Board authorization for a representative of the County Attorney's Office to bid on eight parcels to be sold at separate foreclosure sales (currently set for January 17, 2013), as a result of a Summary Final Judgment in favor of the County in Collier County v. Henry J. Tesno, et al., Case No. 11-904-CA. CONSIDERATIONS: On May 26, 2009 (Agenda Item 16K4) and April 27, 2010 (Agenda Item 16K1), the Board authorized the initiation of foreclosure proceedings against Henry Tesno and Jill Weaver in relation to twenty-two (22) code enforcement liens. The foreclosure action was filed on March 22, 2011. On December 14, 2012, the Court entered a Final Summary Judgment for Foreclosure in favor of the County, reciting a total sum due of$1,063,504.41 under the liens. A copy of the December 14`h judgment is attached in the backup to this item. The judgment also directed the Clerk to sell eight of Tesno and Weaver's properties located off of Bayshore Drive, in unincorporated Collier County, to satisfy the liens. These sales are scheduled to take place on January 17, 2013. In the event the County obtains title to the properties, there is a strong likelihood that the County will be able to recoup any cleanup costs, as well as costs associated with the acquisition of these parcels, upon re-sale. There is also the potential for recovery of the County's costs via third- party bidders. Accordingly, the County's minimum bids will be calculated to recoup all hard costs expended by the County in relation to the foreclosure and underlying violations. FISCAL IMPACT: If the County takes title to any of the properties, nominal recording costs will be required. These costs are to be paid from the "Code Enforcement Board Fines" Revenue Account. Sufficient budget exists in the FY 2013 Fund (111) Code Enforcement Department budget to participate in this foreclosure sale. Any fiscal impact will likely be offset upon acquisition and/or sale of the properties. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize a representative of the County Attorney's Office to bid on the subject parcels up to the amount of its final judgment at the foreclosure sale; and 2. Accept title to the parcels and. authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and 3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title; and 4. Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the property in accordance with state and local laws. Prepared by: Jeff E. Wright, Assistant County Attorney Agenda Item No. 16K4 May 26,2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens, arising from Code Enforcement Special Magistrate Case Nos. 2006-081081,2006-110049,2007-020244,2007-030057,2007-040275, 2007- 070378, 2007-070379, 2007-080081, 2007-080702, 2008-007987, entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization for the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens (totaling $304,242.65) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for minimum housing and unlicensed vehicle ordinance violations at several properties in Collier County. CONSIDERATIONS: Together, Henry Tesno and Jill Weaver ("Tesno and Weaver") own twelve residential properties in Collier County. They have a long history of code enforcement violations, and in the past ten years, over twenty-five liens have been imposed against their real and personal property, mainly for minimum housing violations. According to Code Enforcement Department calculations, the total amount of outstanding fines exceeds one million dollars. Most of the ten liens at issue are the result of minimum housing violations, and include renting property to tenants without running water or electricity, and other violations involving unsafe structures. These violations create serious health and safety concerns. Additional details concerning the ten liens that are the subject of the proposed foreclosure action include the following: Case No. Amount OR Bk/Page OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 26,562.59 4305/2912 OSM 2007-040275 $ 149,719.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 55,767.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 31,317.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 TOTAL $304,242.65 Under Section 162.09, Florida Statutes, these liens are against all real and personal property owned by Tesno and Weaver. Because several of the violations at issue occurred at properties which are co-owned by Tesno and Weaver on Lunar Street and on Agenda Item No. 16K4 May 26, 2009 Page 2 of 3 Van Buren Avenue,the initial targets of the proposed foreclosure action are: 3069 Lunar Street, 3145 Lunar Street, 3137 Lunar Street, and 3140 Van Buren. These properties are located just north of the intersection of Bayshore Drive and Thomasson Drive. Together, these four non-homestead properties are appraised at $244,204.00, according to the Collier County Property Appraiser 2008 Final Tax Roll. FISCAL IMPACT: The fiscal impact of initiating a foreclosure suit is approximately $360.00 (representing a $300.00 filing fee plus cost of service). Costs for maintaining the lawsuit (including, as necessary, any title review, copies, mailings, service, transcripts, and other routine litigation costs) should not exceed $500. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such no ex parte disclosure is required. This item requires a simple majority vote, and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above, pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright, Assistant County Attorney Agenda Item No. 16K1 April 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09,Florida Statutes, in relation to twenty-two(22) code enforcement liens, arising from Code Enforcement Special Magistrate Cases listed herein, all of which are entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to twenty-two (22) code enforcement liens (totaling $878,341.91) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for various code enforcement violations at several properties in Collier County. CONSIDERATIONS: Henry Tesno and Jill Weaver ("Tesno and Weaver") own eleven residential properties in Collier County. They have a long and extensive history of code enforcement violations. In the past ten years, over twenty-five liens have been imposed against their real and personal property, mainly for minimum housing and litter violations. Because violations have involved tenants living without running water or electricity, as well as unsafe structures,these violations have created serious health and safety, as well as aesthetic, concerns. Additional details concerning the liens that are the subject of proposed foreclosure proceedings include the following: Case No. Amount OR Bk/Page OSM-2006-070464 $ 250.61 4492/3355 OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 29,826.59 4305/2912 OSM 2007-040275 $ 196,825.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 187,267.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 53,817.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 OSM-CEPM-2008-0003253 $ 32,108.02 4492/3351 OSM-2007-050039 $ 163.80 4305/2646 OSM-2007-080079 $ 50,341.79 4378/820 OSM-CEPM-2008-00 1 1 07 1 $ 76,607.04 4445/1180 OSM-2007-080993 $ 31,314.82 4324/2105 OSM-CEPM-2008-0008890 $ 42,247.04 4408/3634 OSM-CEPM-2008-0003564 $ 76,400.25 4411/1827 OSM-CEV-2008-0007718 $ 241.29 4402/1225 OSM-CEPM-2008-0007719 $ 17,367.87 4402/1229 OSM-CEV-0007422 $ 26,597.77 4411/1804 OSM-CENA-2008-0007439 $ 16,088.96 4411/1809 TOTAL $878,341.91 Agenda Item No. 16K1 April 27, 2010 Page 2 of 5 On May 26, 2009, under agenda item 16.K.4, the Board authorized the initiation of foreclosure proceedings against Tesno and Weaver, which authorization covered only ten (10) liens (see Executive Summary dated 5/26/09, included in the backup materials for this item). Since then, the County has filed a counterclaim asserting various code enforcement lien interests. Because there are twelve additional liens that are eligible for foreclosure, this item seeks authorization to foreclose any and all of the listed liens, via complaint or counterclaim, against any and all non- homestead properties owned by Tesno and/or Weaver. FISCAL IMPACT: The fiscal impact of initiating the proposed foreclosure proceeding is approximately $2,000.00 (representing a $905.00 filing fee, plus costs of service, publication, and other related costs). Costs for maintaining the lawsuit (including, as necessary, any title review, copies, mailings, service,transcripts, and other routine litigation costs) should not exceed $1,000. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above, pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright, Assistant County Attorney I INSTR 4778293 OR 4868 PG 769 RECORDED 12/21/2012 2:46 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 A • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA-CIVIL DIVISION BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Date: Dwight E.Brock,Gent Plaintiff, BY:1 ,to D.C. i vs. CASE NO.: 11-00904-CA HENRY J.TESNO et al, Defendants. / ----MR C FINAL SUMM•_ t 1.0 C THIS ACTION came befo th, ,otirt-oq December 14, 20 , on Plaintiff's MOTION FOR SUMMARY JUDGMENT for tore. osure : • . e Court, havin: rev ewed the pleadings, affidavits,lilk and other evidence of record, . d h. g h,ar re an• being otherwise fully advised I-- in the premises,finds as follow �,r^; fi, , A. Service of proces ,. been properly se l:-• p• • Defendants and the Court has jurisdiction over the parties and ov- i e bject matter of tlu .c`'f• .. B. Defendants, HENRY . "., re '. .• . VER, are the record owners of the Subject Properties(as further described in Para:-• •h-E; ow )in this lawsuit. C. The County's interest in the code enforcement liens that are the subject of this action is paramount and superior to any right, title, interest, claims, liens, encumbrances, and equities of the Defendants, HENRY J. TESNO and JILL WEAVER, and all persons claiming any interest in the Subject Properties(as further described in Paragraph E,below)since the filing of the Lis Pendens. D. Certified copies of the Orders Imposing Fine/Lien ("Orders") rendered by the Collier County Code Enforcement Board and/or Special Magistrate were properly recorded in the Official Public Records of Collier County,and constitute valid liens upon the Subject Property. These Orders are as follows: 1. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$250.61; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3355. OR 4868 PG 770 • • 2. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$1,151.16; this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2843. 3. On October 17, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$2,630.98; this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR Boo._4402,Page 11754. 4. On November 44- • •r. _• - •-vial Magistrate of Collier County, Florida, a lien w im••:- _ • • Weaver and sn• in the amount of$874.69; this lien was duly ce ifi.• •�• t•, '7, 007 in the Official Records of Collier County, • 1. • 9 ' !•. '4; tz Par .51. 5. On Nove b , 2007, by Order- 5•; Magistrate of Collier County, Florida,a lien was ' 'cue :, ion Weaver s = •, in the amount of$29,856.29; this lien was duly certified and come.-dsr evember 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2912. 6. On February 8, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$149,719.65, with continuing fines to April 27, 2010 for a total lien as of that date of$196,825.65; this lien was duly certified and recorded on February 22, 2008 in the Official Records of Collier County,Florida in OR Book 4332,Page 679. 7. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$5,267.95; this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2693. 2 I OR 4868 PG 771 . . 8. On January 15, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno,in the amount of$55,767.95,with Continuing fines to April 27, 2010 for a total lien as of that date of$187,267.95; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4324,Page 2113. 9. On July 1, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$491.79; this lien was duly certified and recorded on July15,2008 in the Official Records of Collier County, Florida in OR Book 43 *e-gam;-- --... i, 10. On Janu• 15 '":, Order of the ` beci:1 Magistrate of Collier County, :::::::::• i ' R•4V5,1 . „�_ ., • in a amouno11730, ith• i, I •r • ,,.tal 1 . s at date of$53,817.30;this lien was duly certifies ij ecorded on Jan • -Is 8, 21i:-'- the Official Records of Collier County,Florida in O':_s?• 4324,Page 210'�,s4,� 11. On October 3, 2008; tTie Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$30,458.59; this lien was duly certified and recorded on October 9, 2008 in the Official Records of Collier County,Florida in OR Book 4399,Page 3517. 12. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$32,108.02;this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3351. 13. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$163.80; this 3 I OR 4868 PG 772 • • lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2646. 14. On July 1, 2008,by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno,in the amount of$50,341.79;this lien was duly certified and recorded on July 15, 2008 in the Official Records of Collier County, Florida in OR Book 4378,Page 820. 15. On April 3,2009,by Order of the Special Magistrate of Collier County,Florida, a lien was imposed upon Weaver nd..Xesno,in the amount of$76,607.04;this lien was i R, CO uly certified and reco • • • •n {~i, .1 - Official Records of Collier County, Florida in OR Boo 4. . ';:- 80. 16. On Jan .� IL w is. * ,,. !• .• '• ial Magistrate of Collier County, Florid a lien w; .‘ ,i and\ �.n•An e amount of$31,314.82;this lien was duly ce i• and recorded on t-..= .) 008 in the Official Records of Collier County,Flori 4► ; Book 4324,PSr<l 17. On November 7, 20 , _( r ii a Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$42,247.04;this lien was duly certified and recorded on November 20, 2008 in the Official Records of Collier County,Florida in OR Book 4408,Page 3634. 18. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$76,400.25; this lien was duly certified and recorded on December 4, 2008 in the Official Records of Collier County,Florida in OR Book 4411,Page 1826. 19. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$241.29; this 4 I OR 4868 PG 773 • • lien was duly certified and recorded on October 221, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1225. 21. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$17,367.87; this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1229. 22. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon eayerraand Tesno, in the amount of$26,597.77;this WR CO lien was duly certifies • •e• o : .. ■- 4, 2008 in the Official Records of .I-- Collier County,Fl• 'dak 4411,Page '04. 23. On Nove be Pis•: • c„•�i . . ,-cia Magistrate of Collier County, Florida, a lien w : •.•.� • e. _ and�i .n• 4n e amount of$16,088.96; this lien was duly ce and recorded on 10 ,b.- ,.4; '008 in the Official Records of `. Collier County,Flori:f.i's► t Book 4411,P V„,81‘. E. Pursuant to § 162.09(3), FIbra .►±j h • ese Orders imposed an enforceable lien against the following property(the"Subject Properties"),described as: Parcel A: LOT 77,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel B: LOT 15,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel E: LOT 78,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel F: MOBILE HOME AND LOT 16,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5 OR 4868 PG 774 • • • Parcel G: LOT 14,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel H: LOT 8,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 96,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel I: LOT 3,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel K: LOT 72,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,..FLORIDA. l: �. COO' F. There are no other e— recorded against .e/S ject Properties, which liens are superior to the County's code e .rc- t. :-ns. G. Plaintiff, Collier Co ��. � n prosecution of this action in the amount of$3,452.50 (represent n o • I s g f;e R Se-, i 1 s vit of Diane Flagg(Exhibit B to the County's Motion). In a' 4 n, 'lainti will e • ne. 60 • •osts for foreclosure processing ($70 per sale,for eight sales). Th s� sts,combined,eq a $ , . H. Default was entered .: 1 Defendants •t 15,2011. I. As to each Defendant,the - d{ik'g�r�ii ` es of material fact,and Plaintiff,Collier County,is entitled to a judgment in its favor as a matter of law;accordingly,it is ORDERED AND ADJUDGED that Plaintiffs Motion for Summary Judgment for foreclosure against Defendants HENRY TESNO and JILL WEAVER, et al., and any person claiming an interest in the Subject Properties through them, is hereby GRANTED and a Final Summary Judgment for Foreclosure("The Judgment")is hereby entered in accordance with the following terms: 1. As of December 14, 2012, there is due and owing from Defendants, HENRY TESNO and JILL WEAVER, to the Plaintiff, the accrued sum of the code enforcement lien which equals $1,059,491.91,for which let execution issue. 2. Plaintiff,Collier County,is entitled to the costs incurred in this action,pursuant to § 162.10,Florida Statutes,in the amount of$4,012.50. 3. Plaintiff has code enforcement liens as a security interest to secure the payment of the aforesaid sums against the Subject Properties. Plaintiff's liens are prior,paramount,and superior to all 6 1 OR 4868 PG 775 • III rights, claim, liens, interest, encumbrances, and equities of the Defendants and all persons or entities claiming by,through,or under said Defendants or any one of them. 4. Unless the Defendants shall, at any time prior to the sale of the properties described herein, pay to Plaintiff the total sum of$1,063,504.41, with interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell each of the Subject Properties at eight (8) separate public sales, all to be held on .3Dnuo O (tl , 2013, at 1 V.(b o'clock, to the highest and best bidder(s) for cash, in the Third Floor Lobby, Collier County Courthouse Annex,Naples, Collier County,Florida, in accordance with § 45.031, Florida Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the Defendants named d `'ryso,ns, or entities claiming interest in said properties,as of the date of filing of• . 'ce of Lis'Pride, 5. Plaintiff is hereby live- _• . 2 bid at all eight •les d apply against any debt made by it, the amount found to be •ue 'I.'n iff i• Judy ent. ect pn 45.031(2), Florida Statutes, requires that the high bidder p• t the , •!:N e o Fiv Percent (5%) of the final bid. In the event that a successful + L. s .c- req,.. ,,;4.•sit in accordance with Florida Statutes with the Clerk, said bide•+id and the sale s •J..:o o +•"~-cond highest bidder, who shall also comply with Florida Statutes•,I ie : ion to the require. 5s•, t. However, if the Plaintiff is the successful bidder,it is excluded from t - 0 es i. •►t'.c, c " 6. Out of the proceeds arising from'the-sat o the property, the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to Plaintiff as set forth in this final judgment,plus interest at the rate prescribed by law from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will adjudicate the rights hereto according to law and equity. 7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and upon the Clerk filing Certificates of Sale and Certificates of Title, the sales shall stand confirmed and title shall pass fully and completely to the purchasers named in the Certificates of Title free and clear of any right, title, interest, estate, claim, or equity of redemption of the Defendants or any person claiming, by, through, or under them, or any person claiming any interest in the Subject Properties, 7 I *** OR 4868 PG 776 *** III ill and the purchaser at the sale shall be let into possession of the property. Further, any and all persons whosoever claiming against the Subject Properties,by virtue of any liens or other interest unrecorded as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from asserting any such liens or other interest any such liens or other interest shall be discharged forever, in accordance with Florida Statutes. 8. Upon entry of this Judgment,Parcels C, D, J, and L,as described in Plaintiffs Motion for Summary Judgment,are hereby released from the liens described in Paragraph D,above. 9. This Court retains jurisdiction of this cause for purposes of making all other orders and judgments as may be necessary and appropriate herein, including, but not limited to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (20 , )tliteRnefide for entry of a deficiency judgment in favor of the Plaintiff in the event th. seeds of the s V property are insufficient to pay the amounts due and owing Plaintiff ,urs -to-thii.JudlEment. Up n th filing of the Certificate of Title, 14,Defendants shall relinquish pos ssi n e ;� Pro ies._• ,,,\. DONE AND ORDERED a pa• , o '-,,: t d %. t F=, ber,2012. i~ �/i /J� _■% /i' iir //f r e 1 ,`•urt Judge CU t forted copies to: '� - \ k1.1 Henry J.Tesno / Jill J.Weaver 3117 Areca Avenue Naples,FL 34112 / Jeff Bluestein,Esquire Marc L.Shapiro,P.A. 720 Goodlette Road N.-Ste.304 Naples,Florida 34102 Jeff E.Wright Assistant County Attorney „i 3299 Tamiami Trail,East-Suite 800 Naples,Florida 34112 Bookkeeping I of3 8