Agenda 02/10/2009 Item #16K 4
Aoenda item No. 16K4
- February 10,2009
Page 1013
EXECUTIVE SUMMARY
For the Board of County Commissioners to approve the filing of a foreclosure action with
the Circuit Court of the Twentieth Judicial Circuit to recover three outstanding Code
Enforcement Liens presently totaling $517,662.48, regarding the Jerry Blocker and
Kimberlea Blocker property located at 1101 Alachua Street, Immokalee Florida, alkla
Shells Trailer Park Folio Nos. 63864720000, 63864680001, and 63864760002.
OBJECTIVE: For the Board of County Commissioners to approve the filing of a
foreclosure action with the Circuit Court of the Twentieth Judicial Circuit to recover three
outstanding Code Enforcement Liens, presently totaling $517,662.48, regarding the Jerry
Blocker and Kimberlea Blocker (hereinafter "Blockers) property located at 1101 Alachua Street,
lmmokalee Florida, alkla Shells Trailer Park Folio Nos, 63864720000, 63864680001, and
63864760002.
CONSIDERATIONS: On April 27, 2006, a public hearing before the Collier County Code
Enforcement Board was conducted with respect to code violations existing on the Blockers'
property located at 1101 Alachua Street, Immokalee Florida, alkla Shells Trailer Park Folio Nos.
63864720000, 63864680001, and 63864760002. At the heating, the Board found that the
Blockers were in violation and ordered the Blockers to con'ect the violations by (1) rezoning the
property and scheduling a pre-application inquiry by May 12, 2006, or in the alternative, by
._ obtaining a complete and sufficient Collier County Demolition Permit by July 28, 2006 or within
] 0 days after abandoned pursuant of rezone and lor SDPlSIP, failure to comply results in "a fine
of $150 per day" for each day the violations continue past that date; and (2) pay all operational
costs incurred in the prosecution of this case in the atnount of $354.16, The Blockers have not
complied with the Collier County Code Enforcement Board orders and the liens remain unpaid.
The combined outstanding liens as of January 29, 2009 amount to approximately $5] 7,662.48
and are increasing on a daily basis,
The Blockers have exhausted their administrative rcmedies and did not prevail. On December I,
2008, the Blockers filed a Complaint against the County related to the three orders issued by the
Code Enforcement Boat.d and are claiming declaratory judgment, inverse condemnation, and
Bert J. Harris, Jr. Private Property Rights Act. They are seeking $2,000,000 in damages in these
actions.
FISCAL IMPACT: The County has approximately $517.662.48 in uncollected liens, There is
the unknown cost of pursuing litigation. but those costs will be defi'ayed from Code Enforcement
Fund 111-1389] 1.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
..-.
LEGAL CONSIDERATIONS: The County Attorney's Office believes that this is the
appropriate time to foreclose on the outstanding lien. The Board needs to be aware, however,
that a successful outcome of foreclosure will effectively end the ability to settle this dispute in a
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non-monetary fashion, as all the Blockers will be left with is their $2,000,000 claim for damages
in the Bert Harris Act claim case styled Blockers v. Collier Countv, Case No. 08-9355-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County.
RECOMMENDA nON: That the Board of County Commissioners authorize the filing of a
foreclosure action with the Circuit Court of the Twentieth Judicial Circuit to recover three
outstanding Code Enforcement Liens, presently totaling $517,662.48, regarding the Blockers'
Property located at 1101 Alachua Street, lmmokalee Florida, a/k1a Shells Trailer Park Folio Nos.
63864720000,63864680001, and 63864760002.
PREPARED BY: Jacqueline Williams Hubbard, Litigation Section Chief
08-CEB-00090/2!
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Agenda item ~~o. lm<4
February 10,2009
Page 3 of 3
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number:
16K4
Item Summary:
For the Board of County Commissioners to approve the Filing of a Foreclosure Action with
tile Circuit Court of the Twentieth Judicial CirCUit to recover three outstanding Code
Enforcement liens presently totaling $517.66248. regarding the Jerry Blocker and
Kimberlea Blocker property located at 1101 Alachua Street, lmmokalee Florida. a/kia Shells
Trailer Park FoliO Nos 63864720000,63864680001, and 63864760002
Meeting Date:
211012009 9 0000 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2f4rZ009 9:54 AM
Appro\-'ed By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/4/200910;58 AM
file://C:\A!!endaTest\Exnort\ I 23-Fehruarv%20] 0.%202009\ 11l%)Ol'ONSFNT%)OAGFNn
)/4!?009