Loading...
Agenda 07/27/2010 Item #16A10Agenda Item No. 16A10 July 27, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the partial release of four liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Jill J. Weaver and Henry Tesno, Code Enforcement Special Magistrate Case Nos. 2007110459, 2007020244, 2006081081 and 2007080702, relating to property located at 3069 Lunar Street, Collier County, Florida. (Revenue received $3,368.87) OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of four liens for payment of $3,368.87, as to 3069 Lunar Street only, in relation to the Code Enforcement Special Magistrate actions entitled Board of County Commissioners vs. Jill J. Weaver and Henry Tesno, Case Nos. 2007110459, 2007020244.2006081081 and 2007080702. CONSIDERATIONS: Case No. 2007110459: On December 7, 2007, the Code Enforcement Special Magistrate found Jill J. Weaver and Henry Tesno (Respondents) in violation of the Collier County Code of Laws and Ordinances for minimum housing violations resulting from the shut off of water and electric service to the mobile home. A written order was recorded on December 11, 2007 at O.R. Book 4310, Page 2941. Respondents were ordered to correct the violations on or before December 12, 2007, or a fine of $500 per day would be imposed until compliance had been met. Respondents were also assessed a civil penalty of $5,000 for a repeat violation. Based on the above order, the Special Magistrate entered a lien order, which was recorded on December 4, 2008, at O.R. Book 4411, Page 1814, of the Official Public Records of Collier County. The property was never brought into compliance by the Respondents. The County abated the violation and the cost of abatement was $2,178.65, plus a rental inspection fee of $200. Ms. Adrienne Malics, who acquired 3069 Lunar Street through a tax deed on December 8, 2009, has submitted payment in the amount of $2,625.72, representing the abatement costs, rental registration inspection fee and operational costs of $247.07. In exchange for this payment, she is requesting a waiver of $33,500 in accrued fines and partial release of the lien (as to 3069 Lunar Street only). Case No. 2007080702: On September 7, 2007, the Special Magistrate found Respondents in violation of the Code of Laws and Ordinances for numerous minimum housing violations resulting from the shut off of water to the mobile home. A written order was recorded on February 24, 2010, at O.R. Book 4540, Page 1289. Respondents were ordered to correct the violations on or before September 10, 2007, or a fine of $500 per day would be imposed until compliance had been met. Respondents were also assessed a civil penalty of $5,000 for a repeat violation. Agenda Item No. 16A10 July 27, 2010 Page 2 of 8 Based on the above order, the Special Magistrate entered a lien order, which was recorded on January 28, 2008, at O.R. Book 4324, Page 2109, of the Official Public Records of Collier County. The property was brought into compliance on December 18, 2007. Based on accrued fines for the noncompliance period of 99 days at $500 per day, the accrued Lien amount is $54,500 which includes $5,000 for civil penalty. Ms. Malics (the new owner by tax deed), has submitted payment in the amount of $317.30, representing the operational costs. In exchange for this payment, she is requesting a waiver of $54,500 in accrued fines and a partial release of the lien (as to 3069 Lunar only). Case No. 2007020244: On June 15, 2007, the Special Magistrate found Respondents in violation of the Collier County Code of Laws and Ordinances for numerous minimum housing violations. A written order was recorded on October 15, 2007, at O.R. Book 4292, Page 0939. Respondents were ordered to correct the violations on or before July 13, 2007, or a fine of $250 per day would be imposed until compliance had been met. Respondents were also assessed a civil penalty of $600 for a repeat violation. Based on the above order, the Special Magistrate entered a lien order, which was recorded on November 27, 2007 at O.R. Book 4305, Page 2650, of the Official Public Records of Collier County. The property was brought into compliance before the Imposition of Fines and Liens Hearing on November 2, 2007. Respondents were assessed the civil penalty of $600 and operational costs of $274.69. Ms. Malics has submitted payment in the amount of $274.69, representing the operational costs. In exchange for this payment, she is requesting a waiver of the civil penalty and a partial release of the lien (as to 3069 Lunar Street only). Case No. 2006081081: On September 1, 2006, the Special Magistrate found Respondents in violation of the Code of Laws and Ordinances for minimum housing violations resulting from the shut off of water to the mobile home. A written order was recorded on September 12, 2006, at O.R. Book 4104, Page 1065. Based on the above order, the Special Magistrate entered a lien order, which was recorded on November 27, 2007 at O.R. Book 4305, Page 2843, of the Official Public Records. The property was brought into compliance before the Imposition of Fines and Liens Hearing on November 2, 2007. Respondents were assessed the civil penalty of $1,000 and operational costs of $15116. Ms. Malics has submitted payment in the amount of $151.16, representing the operational costs. In exchange for this payment, she is requesting a waiver of the civil penalty and a partial release of the lien (as to 3069 Lunar Street only). Agenda item No. 1GA10 July 27, 2010 Page 3 of 8 FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $89,600 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: If approved, these liens will be partially released as to 3069 Lunar Street only. The liens will continue to encumber (and may be foreclosed against) several properties in Collier County that are owned by Tesno and Weaver (the original code violators). This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board waive the fines and partially release the Liens as described herein, and by approval of this item, authorize the Chairman to sign the attached partial releases. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: 1) Four partial lien releases Agenda Item No. 16A10 July 27, 2010 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A10 Item Summary: Recommendation to approve the partial release of four liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Jill J. Weaver and Henry Tesno, Code Enforcement Special Magistrate Case Nos. 2007 - 110459, 2007- 020244.. 2006- 081081 and 2007 - 080702, relating to property located at 3069 Lunar Street, Collier County, Florida (Revenue received $3.368.87) Meeting Date: 7127/2010 9:00:00 AM Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Code Enforcement 711 512 01 0 10:59:58 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Communfty Development & 711512010 11:52 AM Environmental Services Environmental Services Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/15/2010 12:04 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 7115!201012:15 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 711 51201 0 1:03 PM Approved By Diane B. Flagg Director - Code Enforcement Date Community Development 8 Code Enforcement 7/15/20101:39 PM Environmental Services Approved By Jeff Klatzkow County Attorney Date 711 51201 0 1:50 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/15!20101:53 PM Approved By Mark isackson Management /Budget Analyst, Senior Date Office of Management & Office of Management & Budget 711612010 10:48 AM Budget Agenda Item No. 1BA10 July 27, 2010 Page 5 of 3 This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE 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: Henry Tesno and Jill Weaver, Respondents The lien was recorded on November 27, 2007, in Official Records Book 4305, Pages 2843, et seq. The lien secures the principal sum of one thousand one hundred fifty -one dollars and sixteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. The property that is the subject of this Partial Release is described as follows: 3069 Lunar Street, Naples, FL Folio No. 53352720001 Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, hereby cancels said lien as to 3069 Lunar Street only. This lien shall continue in full force and effect with respect to all real and personal property owned by Henry Tesno and Jill Weaver. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 3069 Lunar Street. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release of Lien, by action of the Board on this day of , 2010. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency 1 Je E. JVright Assik4nt County Attorney an Fred W. Coyle, Chairman Agenda Item No. 16A10 July 27, 2010 Page 6 of 8 This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE 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: Henry Tesno and Jill Weaver, Respondents The lien was recorded on November 27, 2007, in Official Records Book 4305, Pages 2650, et seq. The lien secures the principal sum of eight hundred seventy -four dollars and sixty -nine cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. The property that is the subject of this Partial Release is described as follows: 3069 Lunar Street, Naples, FL Folio No. 53352720001 Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, hereby cancels said lien as to 3069 Lunar Street only. This lien shall continue in full force and effect with respect to all real and personal property owned by Henry Tesno and Jill Weaver. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 3069 Lunar Street. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release of Lien, by action of the Board on this day of 2010. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency Je E. right Assistant County Attorney Agenda Item No. 16A10 July 27, 2010 Page 7 of 8 This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE 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: Jill J. Weaver and Henry Tesno, Respondents The lien was first recorded on September 26, 2007, in Official Records Book 4285, Pages 1760, et seq., and was amended at Official Records Book 4324, Pages 2109, et seq. The lien secures the principal sum of five thousand three hundred seventeen dollars and thirty cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. The property that is the subject of this Partial Release is described as follows: 3069 Lunar Street, Naples, FL Folio No. 53352720001 Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, hereby cancels said lien as to 3069 Lunar Street only. This lien shall continue in full force and effect with respect to all real and personal property owned by Jill J. Weaver and Henry Tesno. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 3069 Lunar Street. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release of Lien, by action of the Board on this day of 2010. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency 1 Jeff right Assi t t County Attorney By: Fred W. Coyle, Chairman Agenda Item No. 16A10 July 27, 2010 Page 8 of 8 This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE 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: Jill J. Weaver and Henry Tesno, Respondents The lien was recorded on December 4, 2008, in Official Records Book 4411, Pages 1814, et seq. The lien secures the principal sum of thirty -six thousand one hundred twenty -five dollars and seventy -two cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. The property that is the subject of this Partial Release is described as follows: 3069 Lunar Street, Naples, FL Folio No. 53352720001 Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, hereby cancels said lien as to 3069 Lunar Street only. This lien shall continue in full force and effect with respect to all real and personal property owned by Jill J. Weaver and Henry Tesno. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 3069 Lunar Street. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release of Lien, by action of the Board on this day of 2010. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency f Jeff right Assi nt County Attorney an Fred W. Coyle, Chairman