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Agenda 10/14/2008 Item #16K 3r�gendla Item ho. 13K3 October 14, 2003 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize a representative of the County Attorney's Office to bid on behalf of the County at code enforcement lien foreclosure sales scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, Circuit Court Case No. 06- 1902 -CA, in an amount not to exceed the value of the County's foreclosed lien interest (approximately $180,000). OBJECTIVE: To obtain the Board's authorization for a representative of the County Attorney's Office to bid on two properties to be sold at separate code enforcement lien foreclosure sales (currently set for October 27, 2008), as a result of a Summary Final Judgment in favor of the County in Collier County v. Jean Claude Martel, Circuit Court Case No. 06-1902 - CA. CONSIDERATIONS: A foreclosure action was filed on November 3, 2006, in relation to several code enforcement liens imposed against real and personal property owned by Mr. Martel. On September 24, 2007, the Court entered an Order reciting a total sum due of $277,114.45 under the liens. The September 24, 2007 Order also directed the Clerk to sell three of Mr. Martel's properties on Karen Drive, in unincorporated Collier County, to satisfy the liens. On May 13, 2008, the Board authorized the County Attorney's Office to bid on Mr. Martel's properties at a sale set for June 5, �. 2008 (see Executive Summary, Item 16.K.6, from the May 13, 2008 Board meeting, attached hereto as Exhibit A). As a result of the June 5, 2008 sale, the County acquired title to one of Mr. Martel's properties (3155 Karen Drive). Because the lien amounts were not satisfied as a result of this acquisition, the County requested, and on September 23, 2008 the Court ordered, sale of two additional properties owned by Mr. Martel (3175 and 3176 Karen Drive). A copy of the September 23, 2008 Order is attached as Exhibit B. The October 27, 2008 public sales have been advertised and will be conducted in accordance with Florida law. As a further consideration, Mr. Martel appeared before the Board on July 22, 2008, by Public Petition, to voice his dissatisfaction with the Code Enforcement Department. At that meeting„ Mr. Martel discussed his frustration with the foreclosure of his property. See agenda materials, Item 6.A, from the May 13, 2008 Board meeting, attached as Exhibit C. Mr. Martel currently holds title to five (5) single family lots on Karen Drive. If foreclosure is successful, Mr. Martel would continue to own three (3) of these lots. In the event the County obtains title to the properties, there is a strong likelihood that the County will be able to recoup any cleanup costs, as well as costs associated with the acquisition of this property, upon re -sale . FISCAL IMPACT: No real dollars are being requested by this Executive Summary. We would be utilizing only a portion of what we are owed on the property to purchase the property, which is the foreclosed lien ( cun"ently approximately $1800,000). If successful at auction, nominal ,, -:nda 11em rJr). 1,7 3 October 14, 21j03 rxe41DI1J recording and related costs would be paid from the "Code Enforcement Board Fines" Revenue Account, and sufficient budget exists for such costs. GROWTH MANAGEMENT IMPACT: There is no Growth ]Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize a representative of the County Attorney's Office to bid on the subject property in an amount not to exceed the value of the County's foreclosed lien interest (approximately $ 180,000); and 2. Accept title to the properties and authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and 3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title; and 4. Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the property in accordance with state and local laws. Prepared by: Jeff E. Wright, Assistant County Attorney item ��la. 1 6K3 )do") --,r 14, -,' V 3 Page 3 of 13 Agonda Rem NO, 16Kf; May 13, 2003 Page 1 1f 10 EXECUTIVE SUMMARY Authorize Assistant County Attorney to bid on behalf of County at foreclosure (Code Enforcement )Caen) sales schedule by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE3f-IRTF.L, CASE NO. 06-1902-CA. OBJECTIVE: To obtain the Board's authorization for a representative of the County Attorney's Office to bid on two properties to be sold at a code enforcement lien foreclosure sale (currently set for June 5, 200,), as a result of a Summary Final Judgment in favor of the County in Collier County v. Jean Claude Wartel, Circuit Court Case No. 06- 1902 -CA. CONSIDERATIONS: An action was filed on November 3, 2006 to foreclose several code enforcement liens imposed against real property owned by Jean Claude Martel located on Karen Drive, in the unincorporated area of Collier County. A Summary Final Judgment in favor of the County was entered by the court on Scptcrnber 24, 2007, in the total amount of $277,114.45, and foreclosing the interest of all defendants or persons claiming through said defendants upon public sale of the property by the Clerk. A copy of the signed Amended Final Summary Judgment for Foreclosure is attached hereto, along with the Order setting the sale for June 5, 2008. The June 5, 2008 public sale has been advertised and will be conducted in accordance with Florida law. Mr. Martel owns six properties on Karen Drive. During the period between 2002 and present, there have been multiple code violations at these propertics, which have negatively impacted the neighborhood's appearance. Several of these violations have resulted in imposition of code enforcement liens in favor of the County, which are the basis for the foreclosure action. Most of the violations have been for storage of large amounts of abandoned materials (including appliances, furniture, carpet, garage doors, scrap metal, used windows, vehicle parts, lawnmowers, assorted debris, and the like). Other violations include property maintenance and housing code violations (for example, lawn mowing violations, and a partially demolished mobile home exposed to the elements). Some of the violations have been abated, while other violations continue. Consequently, the County desires to exercise its statutory right, under Chapter 162, Florida Statutes, to obtain title to the properties in order to abate the remaining violations, and to recoup costs incurred to date by the County in relation to enforcement and abatement of violations on Mr. Martel's properties. In the event the County is the successful bidder at the sale, the property acquired can be added to the County's inventory of surplus property. In order for the County to participate in the public auction and exercise its right to obtain title to the properties, a County representative will need authority to bid on the properties at the sale. The County may bid up to the amount of its judgment ($277,144.45) and receive credit against the judgment for its bid. Consequently there is no expenditure by the County except payment of the clerk's fee of $60.00, and the cost of advertising the sale, which costs must be paid at the time of sale. Staff recommends that the County exercise its statutory right to acquire title to the property, in order to ensure that the v7olations are con•ected in a timely manner; to recoup costs incurred to date; and to ensure fair and appropriate disposition of the County's lien interest. In the event the County obtains title to any of the properties, there is strong likelihood that the County will be able t0 recoup any Cleanup costs, as well as costs a. ;socrat�d V�Itil the aequtSltloil of tli1S property, upon re-sale of the propL rtv, =ic;n A S.i Agenda Item No:-?G�ai may 13, 2,008 Page 2 ref ,10 FISCAL TNIPAC;T: Not to exceed $400.00 from "Code Enforcement Board Fines" Revenue Account. Sufficient budget exists in the FY 08 MSTD Fund (I 11) Code Enforeement budget to participate in this foreclosure sale. GROWTH MANAGENTENT IMPACT : There is no GroAAnh Management Impact Associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize a representative of the County Attorney's office to bid on the subject property up to the amount of its final judgment at the foreclosure sale; and 2. Accept title to the properties and authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and 3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title; and 4. Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the property in accordance with state and local laws. Prepared by: Jeff E. Wright, .Assistant County Attorn .y Paoe I of I .. A -i ') I �genr.a 1*--m H- I 6K3 :Giber 14 2')03 Pace 5 o 13 COMER COUNTY ROARD OF COUNTY COMMISSIONERS Item Number: 161<3 Item Summary: Recomr.nendation that the Board of County Comm is sjone!-s authorize a representative of the County Attorneys Office to bid on hehalf of the County at code enforcement lien foreclosure sales s3nedLfled by the Clerk in BOARD OF CCOUNTY COMMISSIONERS v. JEAN CLAUDE MART EL. Circuit Court Case No. 06-1902-CA, in an amount not tc exceed the Value of the Countys foreclosed hen interest (approximately $180,050) Meeting Date: 10/1412008 9 -00 00 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 101!3/2008 2:26:13 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 101312008 4:53 P141 Approved By Jeff Wright As5iS,,ajjt County Attorney Date County Attorney County Attorney 047_in� 123 CIS 7:45 P R111 Approved By OMB Coordinator ow--_ County Manager's Off',- Approved By John A. Yonkosky -jf.rjCe �)4 r O�ILT ­�� 1 . - , 1.2 f i e Cs 4 Fir, t n �� � ) 1, , � , �� ":, -, t v! 11 -_ � 0Z ' 2 0 F �',l & County Managr's Oil:�e Approved By James V. Mud(!, Board of CoUn-y 4:12 P rA�', Commissioners T%20AGEND... 10/8/2008 file://C:\A2eiidaTest'\Exi-)oi-t\114-October'�/0'-)O14.0/,()--)020()8\16.1/'O'-)OCONSEN "agenda item No. 13K3 October 14, 20068 ' Page 6of13 J IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiff, V. JEAN CLAUDE MARTEL (a.k.a. CLAliDE MARTEL ), and any tenants /persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors, and other unIcnown persons or unknown spouses claiming by, through and under the above -named Defendant, Defendant. CASE NO. 06- 1902 -CA L- 42!k J0 ORDER AMENDING SEPTEMBER 24, 2007 :+►MENDED FINAL StJ'_IIVIARY JUDGMENT FOR FORECLOS "RE w THIS ACTION came before the Court on Plaintiff's MOTION FOR AMENDED FINAL SUn,j,gARY LT)GMEN- T FOR FOR.ECLOSLrRE ("MOTION"), and the Court, having reviewed the MOTION and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that the legal descriptions for PARCEL 42 and PARCEL #3 contained in Paragraph F of the Court's Septemher 24, 2007 AINIENDFD FINAL. SLT.VMARY .TtMGMENT FOR FORECLOSURE are amended to: PARCEI #2: 3175 Karen Drive (folio 461839440003), described as: Lot #16 of an unrecorded Plat. Commencing at the Northeast corner of Lot 100, Naples Grove and Truck Co's Little Famts No. 2, according to plat in flat Book 1, Page 27, Public Records of Collier County, Florida, thence North 89 degrees 26 minutes, 40 seconds W 420 feet to the POINT OF BEGENNiNG; thence South 00 degrees 09 minutes, 00 seconds, W 139.0 feet: thence South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00 degrees, 09 minutes, QQ seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40 seconds W 60.0 feet to the POIItiT OF BEGINNING, P ARC'FI 43. 3176 Karen Drive folio 461838800000' ?• described as: Lot 38 of an unrecorded plat, TARPON MOBILE HOMES, more particularly described as: Beginning at the NE cor:ier of Lot t00, Nlaples Grove and Truck Co's E_iitle Farms ;tiro. 2, according to plat in Plat Book 1, Pagc 27, Publi ecos of C Dt!icr County, Floric_a; thence c R ( f =� r <t� D �� 3 .J ry S 00 degrees, 09 minutes, 50 seconds W 337.8 feet, thence N S9 degrees, 27 minutes, 00 seconds W 420 feet to POINT OF BEGINNLNG. Thence N 00 degrees, 09 minutes, ()0 seconds E 139.0 feet, tlhonce S 89 degrees, 27 minutes, 00 seconds E 60.0 Feet, thence S 00 degrees, 09 minutes, 00 seconds W 139.0 Feet, thence N 89 degrees, 27 minutes, 00 seconds W 60.0 fcct, to the POINT OF BEGI'� 'NING. IT IS FURTHER ORDERED AND ADJUDGED that Paragraph 4 of the Court's September 24, 2007 .-\JMENDED FL\IAL SUTvIMARY JliDG.MENT FOR FORECLOSURE is -9 ... aniertUcd as iuiivr n ws. 4. Unless the Defendants shall, at any time prior to the sale of the properties described herein, pay to Plaintiff the total sum due in this action, with interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, aver publication of notice as required by law, shall sell each of the Subject Properties (i.e., PARCEL 42 and PARCEL 43) at two (2) separate public sales on (1) 2008, at 111; 60 o'clock; and (2) 2005, at�,,,o'clock to the highest and best bi�kler(s) for cash, On the Sixth l;loorsof the Collier County Courthouse, Naples, Collier County, Florida, in accordance with § 45.031, Florida Statutes. 'The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, rernainder reversion, homestead, dower, or equity of rederilption whatsoever of the Defendants named herein, and all persons or entities claiming interest in said properties, as of the date of filing of the Notice of Lis Pendcns. IT IS FURTHER ORDERED .- N D ADJUDGED, That unless inconsistent with this Order, ail ternis of the Court's September 24, 2007 ;t' VENDED FINAL S(,T -,' .l <�RY JUDGMENT FOR FORFCI,OSLRE shall remain in full force and effect. DOVE .'12,,71) ORDERED at Naples, f-lor-ida, this day of C 'l -h Conformed copies to: fir- Claude Martel 3190 Karen Drive 'f Naples, Florida 34112 Pat Jones 17 6 Karen Drive Naples, Florida 34112 THE, O. O} BLE HUGH D. HAYES Circuit Court ludge Unknown Tenaurt 155 Karen Drive, Naples, Florida 34112 Unknown Tenant 175 Karen Drive Naples, Florida 34112 "eff E. Wright Assistant County Attorney 3301 Tamiami Trail, East Harmon Turner Building, 8`h Floor :Naples, Florida 34112 Bookkeeping 3 Agenda !tern No. 15K3 October 14, 2303 Page .5 of 13 /,,,3enda Item No. GA Jufy 22, 2008 rage 1 cf 5 COLLIER I R COt NTY MANAGER'S OFFICE 3301 East Tamian -i Frail • Naples, Florida 34112 • (239) 774 -8383 • FAX 239 774 -4010 June 26, 2008 Mr. Jean Claude Martel 3190 Karen Drive Naples, FL 34112 Re: Public Petition Request to Discuss Code Enforcement Issues Dear Mr. Martel: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 22, 2008 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. if the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need tor action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVM/ib cc: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CD &ES Administrator -.:xe oe , ,'- -enda item No. '16K3 Ocfober 14. 2008 Page 10 of 13 Agenda Item r.lo. nA July 22, 200£3 Page 2 of 5 Request to Speak under Public Petition Please print Name, -- Address: Phone: Date of the Board Meeting you wish to speak: Must circle yes or no: is this subject matter under litigation at this time? Yes is this subject matter an ongoing Code Enforcement case? Yes � `.-�,. Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessar)): Please explain in detail the action you are asking the Commission to take (attach KVIAary- JoWubit Petition Request Form - 20W new iorm.doc C-Job�r 14 2 ( rage 11 of ^ 3 Agenda Item Na. 6A ,!uiy 22. 2008 Page 3 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiffs) 06- 1902- CA -01, PARCEL I and 2 Ws. CASE NO JEAN CLAUDE MARIEL (a.k_s- CLAUDE MARTEL), and any tenants/persons in possession, and any unknovoi heirs, su;.cessors; assigns, del.isees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under the above -named Defendant, Defendant(s) CERTIFICATE OF TITLE The undersigned, DWIGHT E. FROCK, Clerk of the Circuit Court, certifies that he executed and fled a Certificate of Sale in this action on June 5, 2008, for the property described herein, and that no objections to the sale have been filed within the time allowed for filing objections. The foIIowing property in Collier County, Florida: PARCEL 41: 3155 Karen Drive (folio #61840320002), described as: Lot 15, Tarpon Mobile Home, more particularly described as: Beginning at the Northeast comer of Lot I00, Naples Grove and Truck Co's Little Darns No. 2, according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida, thence N 89 degrees 26 minutes, 46 seconds, West 480 feet to POINT OF BEGINNING, thence S 00 degrees 09 minutes, 00 seconds West 139.0 feet, thence S 89 degrees 25 minutes 40 seconds East 60.0 feet, thence North 00 degrees 09 minutes 00 seconds East 139 feet, thence N 89 degrees 26 minutes 40 seconds West 60.0 feet to PONT OF BEGINNING. PARCEL 42:3175 Karen Drive (folio #61839440003), described as: Lot #16 of an unrecorded Plat. Commencing at the Northwest corner of Lot 100, Naples Grove and Truck Co's Little Farms No. 2, according to plat in Plat Boot: 1, Page27, Public Records of Collier County, Florida, thence North 89 degrees 26 minutes, 40 seconds W 480 feet to the POINT OF BEGINNING; thence South 00 degrees 09 minutes, 00 seconds, W 139,0 feet; thence South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00 degrees, 09 minutes, 00 seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40 seconds W 60.0 feet to the POINT OF BEGINNING. A' ,tl,gerida item No. 1,3K3 October 14, ?003 Page 12 of 13 Acerida Item No. GA July 22, 2008 Page 4 of 5 was sold W COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, c/o Office of the Collier County Attorney, 3301 Tamiarni Trail, East, Hannon Turner Building, Sth Floor, Naples, Florida 34112. Bid Amount:$ 100,000.00 WITNESS my hand and seal of the court on June 17, 2 008, DWIGHT E. BROCK,' Clerk of the Circuit OU&S Q BY: Deputy Clerk - iG..r i3 .ui :�erda t,em No' 6A J;.ah 22. 2W)a P=1ie5, of5 IN THE CIRCUIT COURT OF THE T'VF.,NTIFTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiff vs. CASE NO. 06- 1902- CA -01, PARCIIf, 1 and 2 JEAN CLAUDE MARTEL (a_k.a. CLAUDE MARTEL), and any tenants/persons in possession, and any urx sown heirs, successors, assigns, devisees, grantees, creditors, and other unlu701,vn persons or unknown spouses claiming by, through and under the above - named Defendant, Defendant CERTIFICATE OF DISBURSEMENTS The undersigned, DWIGHT E. BLOCK, Clerk of the Circuit Court, certifies that no monies were received or disbursed by the Clerk, the property herein foreclosed having been purchased by the Plaintiff. WITNESS my hand and the seal of the court on June 17, 2008. DWIGHT E. BROCK, ; Clerk of the Circuit Court! Deputy Clerk 4�Jti? Rtii C� � C= �_