Agenda 05/26/2009 Item #16K1
Agenda Item No. 16K1
May 26, 2009
Page 1 of 11
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 a
$401,921.45 code enforcement lien, arising from Code Enforcement Special
Magistrate Case No. OSM 2006-080472, entitled Board of County Commissioners,
Collier County, Florida vs. Jean Claude MarteL
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 a $401,921.45 code enforcement lien against all real and personal property owned by
Mr. Jean Claude Martel for minimum housing violations at 3152 Karen Drive.
CONSIDERA TIONS: Jean Claude Martel ("Martel") owns four properties in Collier
County, including three (3) residential properties on Karen Drive, off Bayshore Drive,
and a parcel (no address) located near the intersection of Airport Pulling Road and Davis
Boulevard. In addition, Martel has a long history of code enforcement violations. In
2008, this resulted in the County foreclosing on two properties formerly owned by Martel
(3155 and 3175 Karen Drive).
Despite being found in violation of County ordinances on numerous occasions over the
past several years, and losing two properties in foreclosure as a result, Mr. Martel
continues regularly to violate minimum housing standards, and to hoard large amounts of
garbage and other waste on his remaining lots on Karen Drive, in violation of County
ordinances.
Additional details concerning the code enforcement case in which the subject lien was
imposed include the following:
Case No. 2006-080472 (3152 Karen Drive): By Order dated October 16, 2006, after
public hearing, the Code Enforcement Special Magistrate (OSM) rendered an order
finding Martel a "repeat" violator of Collier County's minimum housing ordinance for
unsafe conditions in a rented mobile home. A sampling of photographs presented during
the public hearing is attached for reference. The order included a $1,000 civil penalty
against Martel, and directed Martel to "either repair the mobile home or remove it from
the property on or before December 16, 2006, or a fine of $500 per day" would be
imposed until abatement.
On May 4, 2007, the Special Magistrate entered an Order Imposing Fines, which imposed
a $69,632.45 lien on all real and personal property owned by Martel, and which provided
for continuing accrual of fines until abatement. This lien order was recorded at O.R.
Book 4236, Pages 962, et seq., of the Official Public Records of Collier County.
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Agenda Item No. 16K1
May 26, 2009
Page 2 of 11
In February 2009, with approval of the Special Magistrate, the County took measures to
abate the property by demolishing the mobile home. This brought the property into
compliance, and the fines stopped accruing.
The breakdown of the lien is as follows:
Item Amount
County abatement costs $ 5,289.00
Total daily fines* $ 395,500.00
Civil penalty $ 1,000.00
Operational costs $ 132.45
TOTAL LIEN VALUE $ 401,921.45
*791 days at $500 per day, Dec. 18,2006 to February 18,2009.
Collectively, Mr. Martel's three non-homestead Collier County properties are appraised
at $197,179.00 by the Collier County Property Appraiser (based on the 2008 Final Tax
Roll).
FISCAL IMPACT: 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 Martel's
non-homestead property, in relation to Special Magistrate Case No. OSM 2006-080472,
entitled Board of County Commissioners, Collier County, Florida vs. Jean Claude
Martel, pursuant to Section 162.09, Florida Statutes.
PREPARED BY: JeffE. Wright, Assistant County Attorney
.,t4'-
Page 1 of 1
Agenda Item No, 16K 1
May 26, 2009
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to authorize the Office of the County Attorney to initiate foreclosure
proceedings pursuant to Section 162.09, Florida Statutes, in relation to a $401,921.45 code
enforcement lien, arising from Code Enforcement Special Magistrate Case No. OSM 2006-
080472. entitled Board of County Commissioners, Collier County, Florida VS. Jean Claude
Martel.
Meeting Date: 5/26/2009 9:0000 AM
Prepared By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 5/7/2009 8:44:22 AM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 5/8/2009 10:51 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/200911 :52 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/15/2009 9:03 AM
Approved By
Randy Greenwald ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 5/15/2009 1 :34 PM
Approved By
Leo E, Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 5/16/200910:11 AM
Commissioners
file://C:\AgendaTest\Export\ 130-Mav%2026. %202009\ 16. %20CONSENT%20AGENDA \ 1 ... 5/20/2009
CDPR0002 - Image Print
Agenda Item No. 16K1
May 26, 2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 more water damage to the ceiling JM-52
IMAGE DATE
8/23/2006
Collier County
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26, 2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCR!PTION
2006080472 more water damage on the ceiling JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/98/NT
Printed on 5/5/2009 9:35:51 AM
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26,2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 light switches missing switch plate JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/9B/NT
?~inted on 5/5/2009 9:35:30 AM
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26,2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 broken window JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/98/NT
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26,2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 ceiling beginning to cave due to water damage JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/9B/NT
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CDPR0002 - :mag~ Print
Agenda Item No. 16K1
May 26, 2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 section of ceiling missing due to water damage JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/9B/NT
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26, 2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER ~GE DESCRIPTION
2006080472 view of wall unit air conditioner JM-52
~GE DATE
8/23/2006
Collier County
CD-?lus for Windows 95/9B/NT
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CDPR0002 - Image Print
Agenda Item No. 16K1
May 26, 2009
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CD-Plus Report - Code Case Image
CODE CASE NUMBER IMAGE DESCRIPTION
2006080472 Structure missing siding JM-52
IMAGE DATE
8/23/2006
Collier County
CD-Plus for Windows 95/98/NT
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