Agenda 04/27/2010 Item #16K 1
EXECUTIVE SUMMARY
Agenda Item No. 16K1
April 27, 2010
Page 1 of 5
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/Pa2e
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-2008-0007 439 $ 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 IMP ACT: 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 IMP ACT: 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: JeffE. Wright, Assistant County Attorney
Agenda Item No. 16K1
April 27, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K1
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,
4/27/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
4/14/20103:11:15 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
4/15/20102:59 PM
Approved By
Jeff Klatzkow
County Attorney
Date
4/16/20104:35 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
4/19/201010:27 AM
Approved By
Randy Greenwald
Office of Management &
Budget
Management/Budget Analyst
Date
Office of Management & Budget
4/19/201010:56 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
4/20/201012:23 PM
Agenda Item No. 16K1
Agenda '~'~~~ii ~
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 do liars.
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
invo lving unsafe structures. These vio lations 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 BklPaee
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. 16K1
Agenda Ite~~i!J~1s~f1 0
May'28g2~9 5
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 Bay shore 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 IMP ACT: 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: JeffE. Wright, Assistant County Attorney