Agenda 05/26/2009 Item #16K4
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 BklPa~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
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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. 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: JeffE. Wright, Assistant County Attorney
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Agenda Item No. 16K4
May 26, 2009
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K4
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.
Meeting Date: 5/26/2009 90000 AM
Prepared By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 5/13/20094:47:31 PM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 5/14/200911:53 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/20092:47 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/15/2009 9:37 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/15/20091 :54 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 5/18/20098:59 AM
Commissioners
file://C:\AgendaTest\Export\130-Mav%2026, %202009\ 16. %20CONSENT%20AGENDA \1... 5/20/2009