Agenda 12/01/2009 Item #16K 3
Agenda Item No. 16K3
December 1, 2009
Page 1 of 3
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EXECUTIVE SUMMARY
Recommendation to approve the filing of a foreclosure action with the Circuit Court of the
Twentieth Judicial Circuit to recover an outstanding Code Enforcement Lien presently
totaling $240,630.04, regarding the James C. Marshall and Sherry Marshall property
located at 820 20th Avenue N.W., Naples, Florida, Folio #37590120007.
OBJECTIVE: Recommendation to approve the filing of a foreclosure action with the Circuit
Court of the Twentieth Judicial Circuit to recover an outstanding Code Enforcement Lien,
presently totaling $240,630,04, regarding the James C, Marshall and Sherry Marshall
(hereinafter "MarshaIls") property located at 820 20th Avenue N,W" Naples, Florida, Folio
#37590120007,
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CONSIDERATIONS: On March 30, 2005, a public hearing before the Collier County Code
Enforcement Board ["CEB"] was conducted with respect to a code violation existing on the
Marshalls' property located at 820 20th Avenue N,W" Naples, Florida, Folio #37590120007, At
the hearing, the CEB found the Marshalls in violation and ordered the Marshalls to correct the
violation by 1) obtaining all Collier County Building Pern1its or Demolition Pern1its for all non-
permitted sheds or accessory structures within ninety (90) days (June 28, 2005); 2) or in the
alternative obtain a new valid Collier County Building Pelmit within ninety (90) days (June 28,
2005) and follow through with all required inspection and Certificates of Completion within 180
days of permit issuance; 3) or in the alternative obtain a Collier COW1ty Demolition Permit
within ninety (90) days (June 28, 2005) and follow through with all required inspections and
Certificates of Completion within 180 days of permit issuance,
The Marshalls have not complied with the CEB's Order and the total approximate amount of the
lien is $240,630,04, during June 29, 7005 through November 12, 2009, Daily fines of $50 and
S 100 are still accruing until property is in compliance,
On June 23, 2008, the Marshalls tiled their Second Amended Complaint against the County in
the case styled James Marshall, et at v, Collier County, et ai, Case No, 07-4455-CA, related to
the order issued by the CEB and are claiming relief for declaratory judgment and for damages,
FISCAL IMPACT: The County has approximately $240,630.04 in uncollected lien, There is
the unknown cost of pursuing litigation, but those costs will be defi'ayed from Code Enforcement
Fund,
GROWTH MANAGEMENT IMPACT: There is no grO\vth 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.
RECOMMENDATION: To approve the tiling ofa foreclosure action with the Circuit Cowi
.'-' of the Twentieth Judicial Circuit to recover an outstanding Code Enforcement Lien, presently
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Agenda Item No. 16K3
December 1, 2009
Page 2 of 3
totaling $240,630.04, regarding the Marshalls' Property located at 820 20th Avenue N.W.,
Naples, Florida, Folio #37590120007.
PREPARED BY: Jacqueline Williams Hubbard, Litigation Section Chief
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Agenda Item No, 16K3
December 1, 2009
Page 3 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Recommendation to approve the filing of a foreclosure action with the Circuit Court of the
Twentieth Judicial Circuit to recover an outstanding Code Enforcement Lien presently totaling
$240,630,04, regarding the James C. Marshall and Sherry Marshall property located at 820
20th Avenue N.W, Naples, Florida, Folio #37590120007.
12/1/20099:00:00 AM
Meeting Date:
Prepared By
Jacqueline W. Hubbard Assistant County Attorney Date
County Attorney County Attorney Office 11/12/20093:36:43 PM
Approved By
Jacqueline W. Hubbard Assistant County Attorney Date
County Attorney County Attorney Office 11f12f2009 4:04 PM
Approved By
Diane B. Flagg Director - Code Enforcement Date
Community Development & Code Enforcement 11/16/20097:26 PM
Environmental Services
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Approved By
Jeff Klatzkow County Attorney Date
11/17/20092:37 PM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11118120099:39 AM
Approved By
John A. Yonkosky Director. Management and Budget Date
Office of Management & Office of Management & Budget 11119/20091:33 PM
Budget
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