Agenda 07/09/2013 Item #16A18 7/9/2013 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of$40,412.20 for payment of$562.20,
in the Code Enforcement Action entitled Board of County Commissioners vs. Larry D. Shipman,
Code Enforcement Case Number CENA20110007164, relating to property located at 4591 Pine
Ridge Road, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$40,412.20 code enforcement lien, for payment of $562.20, in relation to Code Enforcement
Board case number CENA20110007164.
CONSIDERATIONS: As a result of code violations at 4591 Pine Ridge Road, the Code
Enforcement Board ordered the imposition of a lien ("Lien") against the Larry D. Shipman in
Code Enforcement Case Number CENA20110007164. The lien was recorded in the Official
Public Records on February 15, 2012, at O.R. Book 4765, Page 296, and the lien encumbers all
real property owned by Larry D. Shipman. The fine amount of$40,300 is based on accrued fines
for the non-compliance period of 430 days at $100 per day pertaining to litter consisting of but
not limited to: refrigerators, cinder blocks, crush stones, buckets, cables, aluminum, tires, car
parts, washer, etc. A Warranty Deed was recorded to James H. O'Connell & Genevieve
O'Connell on September 18, 2012. The property was brought into compliance on March 8,
2013.
Pursuant to the Board of County Commissioner's Resolution 2012-46, when payment of the full
lien amount would impose a severe hardship on the property owner; fines accrued by an existing
owner would be considered for waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. The property is in compliance and an amount of
$562.20 has been paid. This represents $112.20 in operational costs and $450 in fines for
administrative costs. The current property owner is requesting a full waiver of fines due to the
fact that the fines would impose a severe financial hardship as stated in a letter attached from Mr.
&Mrs. O'Connell.
FISCAL IMPACT: Payment of$562.20 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$39,850 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote to approve. This item conforms to the Board's policy contained in
Resolution 2012-46.-KN
RECOMMENDATION: That the Board waive the fines in the amount of $39,850, accept
payment of$562.20 and release the lien, and also authorize the Chairwoman to sign the attached
release of lien.
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7/9/2013 16.A.18.
Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division,Planning and Regulation.
Attachments: Release of Lien and Hardship Letter
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the release of lien in the amount of
$40,412.20 for payment of$562.20, in the Code Enforcement Action entitled Board of County
Commissioners vs. Larry D. Shipman, Code Enforcement Case Number CENA20110007164,
relating to property located at 4591 Pine Ridge Road, Collier County, Florida.
Meeting Date: 7/9/2013
Prepared By
Name: Colleen Crawley.
Title: Code Enforcement
6/21/2013 2:56:45 PM
Approved By
Name: FlaggDiane
Title: Director-Code Enforcement,Code Enforcement
Date: 6/21/2013 3:14:44 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 6/21/2013 4:55:20 PM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 6/24/2013 8:12:57 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/26/2013 11:29:17 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/26/2013 2:51:47 PM
Name: KlatzkowJeff
Title: County Attorney
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7/9/2013 16.A.18.
Date: 6/28/2013 8:29:47 AM
Name: OchsLeo
Title: County Manager
Date: 6/30/2013 4:14:22 PM
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This Instrument Prepared By:
Colleen Crawley
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-5892
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:
Larry D. Shipman,
Respondents
The lien was recorded February 15, 2012 in Official Records Book 4765, Page 296, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Six Hundred twelve dollars and twenty cents, plus accrued interest and penalties,
if any, and imposes certain obligations against real property situated in Collier County,
Florida, which property is described as follows:
GOLDEN GATE EST UNIT 26 W 180FT OF TR 70
4591 Pine Ridge Road Naples, FL
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 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
By: By:
Deputy Clerk Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
0
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JGO Real Estate LLC
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James&Genevieve (Teri)O'Connell
183 Sunset Cay,Naples, FL 34114
239-393-0651
Collier County Code Enforcement Department
2800 No Horseshoe Drive
Naples, FL 34104
ATTENTION: Diane B.Flagg, Director,
Re: Case CENA20110007164,4591 Pine Ridge Road, Naples, FL.
Dear Ms. Flagg;
We are the owners of J G 0 Real Estate LLC which had only this property in this LLC. On the above noted
case there is a fine of$14,000. In 2001,twelve(12)years ago, after our residence burnt to the ground,
we sold this property to Mr. Larry Shipman for 100,000 and held the mortgage. After several years, Mr.
Shipman left the country and stopped paying on this mortgage December,2011 and we have not
received any mortgage money since then. At this time,the mortgage had an outstanding balance of
$68,010.53.
In September, 2012 we foreclosed on this property due to non-payment of this mortgage. We
recorded the Certificate of Title on September 18, 2012 at which time the prior owner did not allow us
on the property saying that the vehicles, boats, appliances etc. belonged to others and they needed time
to remove same. We had not seen this property in years.
After several weeks with little attempt to remove items,we were able to gain access to the property and
immediately started cleanup. James is 72 years old and is disabled retiree and I, Genevieve, am 69 years
old and retired. We both live on a limited income and never thought this would happen to us at our
ages. Costs of cleaning up this property have amounted to over 16,000. Costs for Dumpsters, Heavy
equipment, landfill fees, laborer,attorney fees, and title and court costs have amounted to over 16,000.
Due to limited funds (no mortgage payments)we had to do this clean-up by ourselves and at our ages
and physical conditions this was not an easy task to do. We worked six days a week,8—10 hour days
removing most of the items to the landfill.
Payment of this lien would impose a severe additional financial hardship on us.These fines were
accrued by the existing owner. We are asking to be considered for a waiver as we did diligently pursue
abatement and compliance has been achieved.
Thank you for your assistance in this matter.
6,611""' -
James O'Connell Genevieve(Teri) O'Connell
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