Loading...
Agenda 12/01/2009 Item #16K 1 Agenda Item No. 16K1 December 1, 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 two (2) code enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2005-35 and 2005-39, entitled Board of County Commissioners, Collier County, Florida vs. Curtis D. and Brenda Blocker. 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 two (2) Code Enforcement Board licns (totaling approximately $625,128.72) imposed against all real and personal property owned by Curtis D, and Brenda Blocker, for unpermitted mobile homes, sheds, and one concrete block structure at two properties in Collier County, CONSIDERA nONS: Together, Curtis D. and Brenda Blocker, (the "Blockers") own several properties in Collier County (nine, according to the Property Appraiser's website). The two liens at issue are based primarily on unpem1itted mobile homes on two non-adjacent properties owned by the Blockers and located in 1mmokalee, The two liens were imposed by the Code Enforcement Board on March 27, 2007, and both were recorded on March 30, 2007, at OR Book 4205, Page 799, and OR Book 4205, Page 801. .-. According to Code Enforcement Department calculations, the total outstanding for these two liens is approximately $625,128.72 (approximately $312,500 each), and the liens continue to accrue at the rate of $250 per day (per lien). The violations have not been abated, and they continue to create health and safety concems. It is believed that tenants continue to live (and pay rent for space) in the unpermitted structures. Under Section 162.09, Florida Statutes, these liens are against all real and personal property owned by the Blockers, The initial targets of the proposed foreclosure action are the two properties where the violations exist: 511 Newmarket Road East (Immokalee) and 2900 Bradley Avenue (lmmokalee). Together, these two non- homestead properties are appraised at $214,6 17, according to the Collier County Property Appraiser 2009 Preliminary Tax Roll. If authorized, the foreclosure lawsuit could also encompass other properties owned by the Blockers, if and as necessary, based on deficiency between the lien value and the value of these two target properties. FISCAL IMP ACT: The fiscal impact of initiating the foreclosure suit is approximately $2,000 (representing a $900.00 filing fee, title work, and 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 via acquisition of title to the target propel1ies, - I' Agenda Item No. 16K1 December 1, 2009 Page 2 of 3 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is unrelated to ongoing litigation between the County and .Jerry and Kimberlea Blocker; it is legally sufficient for Board action, -.JW RECOMMENDA nON: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of the Blockers' non-homestead property, in relation to the code enforcement liens referenced above, pursuant to Section 162.09 Florida Statutes. PREPARED BY: .JetTE. Wright, Assistant County Attorney .."."'- Agenda Item No. 16K1 December 1, 2009 Page 3 of 3 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Meeting Date: Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to two (2) code enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2005-35 and 2005- 39, entitled Board of County Commissioners, Collier County, Florida VS. Curtis D. and Brenda Blocker. 12/1/20099:00:00 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 1115/20098:39:36 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 1119120091:01 PM Approved By Jeff Klatzkow County Attorney Date 11117/20093:04 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/18/20099:11 AM Approved By John A. Y onkosky Director ~ Management and Budget Date Office of Management & Office of Management & Budget 11/181200912:45 PM Budget ,-~., -'"-.' , ---'"". _......_-"~.".,,,._"',<".,;.,.,...>, ~__ . U"___'__ .... -...~'" ._u.., --1"---