Agenda 04/13/2010 Item #10A
Agenda Item No. 10A
April 13, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to reject an offer to settle (and release) a $131,000 code
enforcement lien for payment of $15,000 in the Code Enforcement Action
entitled Board of County Commissioners vs. Richard Carter, Case No.
2007-060653, relating to property known as 196 Briarcliff Lane, Naples,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) reject an offer
to settle and release a $131,000 code enforcement lien, in relation to the Code
Enforcement Board action entitled Board of County Commissioners vs. Richard
Carter, Case No. 2007-060653.
CONSIDERATIONS: On October 19, 2007, the Code Enforcement Special
Magistrate found Richard Carter (Respondent) in violation of the Collier County
Code of Laws and Ordinances for "having private pool enclosure screens that are
damaged and harboring insect infestation, stagnate or polluted water, mold, litter
and debris in the pool water."
Respondent was ordered to correct the violations by "repairing all private pool
enclosure screens that are damaged and bring the pool water into compliance on
or before October 26, 2007, or a fine of $250 per day" would be imposed until
compliance is confirmed. This order was recorded in the official public records
on November 8,2007, in O.R. Book 4300, Pages 2720-2722.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order dated January 4, 2008, imposing a lien ("Lien Order"). The Lien
Order was recorded in the official public records on January 24, 2008, at O.R.
Book 4324, Pages 0043-44.
On January 25, 2008, J.P. Morgan Chase Bank d/b/a Washington Mutual Bank
("JP Morgan") filed a notice of lis pendens to foreclose on a mortgage they held
on the property, and on March 9, 2009, the bank formally took title to the property
through foreclosure.
The property was brought into compliance on April 7, 2009, by J.P. Morgan, by
repairing all pool enclosure screens and bringing pool water into compliance, with
a cost to the bank of approximately $2,000.
The accrued lien amount is $131,000 for the non-compliance period of 524 days.
Staff offered to forward to the Board a recommendation of approval for
settlement and release of lien, in the amount of $63,500. Washington Mutual
Bank rejected this offer.
Agenda Item No. 10A
April 13, 2010
Page 2 of 5
J.P. Morgan has offered to settle the lien for $15,000 and is requesting a waiver
of the $116,000 in accrued fines and a release of the lien (see attached
settlement letter dated March 10, 2010). Operational Costs in the amount of
$233.62 were paid on February 23,2010.
FISCAL IMPACT: The bank is offering to pay a total of $15,000 to settle this
lien. If this offer is accepted by the Board, accrued fines in the amount of
$116,000 will be waived. If the offer is rejected as recommended by staff, the
lien will continue to encumber the property.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: The code enforcement lien was recorded one day
before the lis pendens was filed, and this lien is valid. If the Board accepts this
offer (over staff's recommendation), a time limit for payment should be made a
condition of the acceptance. This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board reject the settlement offer described
herein, as detailed in the attached settlement letter dated March 10, 2010.
PREPARED BY: Marlene Serrano, Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10A
April 13, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation to reject an offer to settle (and release) a $131,000 code enforcement lien
for payment of $15,000 in the Code Enforcement Action entitled Board of County
Commissioners vs. Richard Carter, Case No. 2007 -060653, relating to property known as
196 Briarcliff Lane, Naples, Florida. (Diane B. Flagg, Director, Code Enforcement, CDES)
4/13/20109:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
3/17/201011 :06:42 AM
Date
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
3/18/20104:58 PM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
3/18/20105:11 PM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
3/23/20104:42 PM
Approved By
Date
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
3/24/2010 3:43 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/29/20108:25 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/30/2010 8:45 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
4/4/20101:19 PM
8URT.SAUNDERS~GRA Y~ROBINSON.COM
March 10,2010
Agenda Item No. 10A
STABILE BUlLDIN6Ipril 13, 2010
5551 RIDGEWOOD OR'VE Page 4 of 5
SUITE 101 FORT LAUDERDALE
NAPLES, FL 14108 JACKSONVILLE
TEL 239-598-3601 KEY WEST
FAX 239-598-3164
gny-robinson.com UXEUND
MELBOUR.NE
MIAMI
NAPLES
ORLANDO
TALLAHASSEE
TAMPA
GRAY/ROBINSON
ATTORNEYS AT LAW
239-598-3601
HAND DELIVERY
Board of County Commissioners
3301 E. Tamiami Trail, 3rd Floor
Naples, FL 34112
Re: Settlel11ent Proposal for 196 Briarcliff Lane, Case # 2007-0606653
Dear Commission Members:
We represent JP Morgan Chase Bank d/b/a Washington Mutual Bank ("Bank"), current
owner of the above referenced property. We are requesting on behalf of the Bank a reduction in
the Code Enforcement fines that have been levied on this property and provide as follows the
justification for the Board of County Commissioners' consideration.
On October 19, 2007, a Special Magistrate imposed a $250 per day fine on the above
property because of various violations associated with the pool area of the home. The owner of
the property at that time was Mr. Richard Carter who took no action to abate the violations. On
January 25, 2008, the Bank filed a notice of lis pendins on the property and acquired the property
through foreclosure on February 24, 2009.
On March 26,2009, the Bank learned of the pool violations and immediately took action
to abate the violations. The property was in full compliance on April 3, 2009, just one week
after the Bank learned of the violations. The Bank expended approximately $2000 to make the
necessary repairs.
By that til11e, the fines had reached $ ] 3 I ,000. The objective in all code enforcement
actions is to obtain compliance in order to protect the public health, safety and welfare. The
Bank acted in a responsible way in correcting the code violations immediately upon learning of
the violations. Though the bank understands that a certain amount of the fines will have to be
paid to ensure that county taxpayers do not incur any expense in the elimination of the code
violations, it is our belief that requiring the Bank to pay a high fine as punishment is not
warranted under these circumstances. The Bank at all times acted responsibly and corrected the
violations immediately upon learning ofthel11.
GRA VROBINSON
PROFESSIONAL ASSOCIATION
Agenda Item No. 10A
April 13, 2010
Page 5 of 5
Board of County Commissioners
March 10,2010
Page 2
The Bank proposes that in addition to the costs to correct the violations, that the Bank
should pay to the county fifteen thousand dollars ($15,000) to settle in total the fines for the code
violations in Case No. 2007-060653. This will ensure that the county taxpayers have not
incurred the costs associated with this code enforcement action. It will also send the proper
message that when code violations are corrected in a timely fashion, consideration will be given
to reducing the fines significantly.
Thank you for your consideration of this request.
Sincerely,
Gray Robinson,
A-
Burt 1. aunders
\7'260. # 22282 vi