Backup Documents 01/08-09/2013 Item #12EEXECUTIVE 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 10 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
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $69.50
•
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA — CIVIL DIVISION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
VS.
HENRY J. TESNO et al,
Defendants.
THIS ACTION came
SUMMARY JUDGMENT for
and other evidence of record,
in the premises, finds as
C
A. Service of proces been properly sec
jurisdiction over the parties and ov eC� bject matter of
B. Defendants, HENRY
Subject Properties (as further described in
D Open Gott
Dwight `J
BY: M,5-19-49dn
CASE NO.: 11- 00904 -CA
1 , 20 , on Plaintiffs MOTION FOR
ruin rev ewed the pleadings, affidavits,
D e an being otherwise fully advised
I H
Defendants and the Court has
are the record owners of the
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
4. On November
Florida, a lien imps
lien was duly 'fi I
Collier County,
5. On Nove li , 2007, by
02, Page 11754.
Florida, a lien was intcj�;pon Weaver
lien was duly certified
and
0
l Magistrate of Collier County,
in the amount of $874.69; this
in the Official Records of
Magistrate of Collier County,
, in the amount of $29,856.29; this
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
C�
•
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 Jul 2008 in the Official Records of Collier County,
R COU
Florida in OR Book
10. On Jan 15 Order of the eci Magistrate of Collier County,
Florida, a lien w in a amount of $31,317.30, with
continuing fines r a tal li n at date of $53,817.30; this lien
r �
was duly certifie corded on Jan 8, 2 the Official Records of Collier
County, Florida in OXl 4324, Page 21
11. On October 3, 200 10&j2f -6e 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
11
•
12E
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
duly certified and reco n ,
. Official Records of Collier County,
Florida in OR BOOK 44#5rPage4J 80.
16. On
Florida, a lien
lien was duly ceAd, and recorded
Collier County, Florii4 ftVN�_Book 4324,
gistrate of Collier County,
amount of $31,314.82; this
in the Official Records of
17. On November 7, 20b8; 0E6DbHie 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
Iien 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
• •
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 ,a r and Tesno, in the amount of $26,597.77; this
lien was duly certifi & o � 4, 2008 in the Official Records of
Collier County, Fl9fidq f elk 4411
23. On Noveinbej2tj*9Q8;V s0�4� Qp�ciaj Magistrate of Collier County,
Florida, a lien wkri jkdscp�k q�AA and_leknq, AR f the amount of $16,088.96; this
lien was duly cer?�and recorded on 1ebefr:; A008 in the Official Records of
Collier County, Florkk 4pkBook 4411,
E. Pursuant to § 162.09(3), F�WtaP, --6ese 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
lift
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 COUNT FLORIDA.
v fiR c0U
F. There are no other a recorded against eS ject Properties, which liens are
superior to the County's code a rc ' ns.
G. Plaintiff, Collier Co t p secution of this action in the
amount of $3,452.50 (represent o 1' g e e e vit of Diane Flagg (Exhibit B
to the County's Motion). In a ' n, lainti will a nd 60 ' osts for foreclosure processing
($70 per sale, for eight sales). Thy sts, combined, eq $ , .
H. Default was entered 1 Defendants \ 15, 2011.
I. As to each Defendant, the g ' es of material fact, and PIaintiff, 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
A
OR 4868 PG 775 r
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
2013, at I I m 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
properties, as of the date of filing of
5. Plaintiff is hereby
by it, the amount found to be ue
requires that the high bidder p t
In the event that a successful I
Statutes with the Clerk, said bid
also comply with Florida Statutes
successful bidder, it is excluded from
miff Jud ent ec n 45.031(2), Florida Statutes,
q
odes
6. Out of the proceeds arising from a of the property, the Clerk shall retain his fees
"at r entities claiming interest in said
es d apply against any debt made
es 1 k a p e o iv Percent (5 %) of the final bid.
Ks req it in accordance with Florida
and the sale o o cond highest bidder, who shall
on to the require .However, if the Plaintiff is th
e
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
* ** OR 4868 PG 776 * **
0
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 "pct for entry of a deficiency judgment in
favor of the Plaintiff in the event th ceeds of the s �& property are insufficient to pay the
amounts due and owing Plaintiff urs . Judgment. Up filing of the Certificate of Title,
Defendants shall relinquish
DONE AND ORDERED a , hs9 0 '
'+0
Co;fo7ed copies to:
\ Henry J. Tesno
Jill J. Weaver
3117 Areca Avenue
Naples, FL 34112
Jeff Bluestein, Esquire
1 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
8
Judge
2012.
Oro 00 P4
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12E'
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/Pa e
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
12 E 11" 11
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
12E
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/Pa e
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
12E
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