Agenda 05/13/2008 Item #16K 6
Agenda Item No. 16K6
May 13, 2008
Page 1 of 10
EXECUTIVE SUMMARY
Authorize Assistaut County Attorney to bid on behalf of County at foreclosure (Code
Enforcemeut Lien) sales schedule by the Clerk in BOARD OF COUNTY
COMMISSIONERS v. JEAN CLAUDE MARTEL, 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, 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: 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 Df the
County was entered by the court on September 24, 2007, in the total amount of $277, I 14A5, 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 fer 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 properties, 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 anlounts 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 autllority 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 violations are corrected 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 to recoup any cleanup costs, as well as costs associated with the acquisition of this property,
upon re-sale of the propelty.
/\genda item t~o. 16K6
May 13. 2008
Page 2 of 10
FISCAL IMPACT: Not to exceed $400.00 from "Code Enforcement Board Fines" Revenue
Account. Sufficient budget exists in the FY 08 MSTD Fund (111) Code Enforcement budget to
participate in this foreclosure sale.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact Associated
with this Executive Summary.
RECOMMENDATION:
That the Board of County Commissioners:
I. 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 (0 abate thc 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
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Page I of 1
Agenda Item No. 16K6
May 13, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K6
Meeting Date:
Authorize Assistant County Attorney to bid on behalf of Collier County at foreclosure (Code
Enforcement Lien) sales schedule by the Clerk in BOARD OF COUNTY COMMISSIONERS
v. JEAN CLAUDE MARTEL. CASE NO. 06-1902.CA
5/13/2008900:00 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/2/20084:03 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/5/20089:37 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5/2008 1 :20 PM
file://C:IAgendaTestIExportl I 07-Mav%20] 3. %2020081 16.%20CONSENT%20AGENDA 116... 5/7/2008
,D,oenC3 item !--]o. '161<.0
~ May 13, 2008
Page 4 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DMSION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State of Florida,
Plaintiff,
v.
CASE NO. 06-l902-CA
JEAN CLAUDE MARTEL (a.k.a. CLAUDE
MARTEL), and any tenants/persons in
possession, and any unknown heirs, successors,
assigns, devisees, grantees, creditors, and other
unknown persons or unknown spouses claiming by,
through and under the above-named Defendant,
co'. , ..,~\..,
j.... T
Defendant.
/
AMENDED FINAL SUMMARY JUDGMENT FOR FORECLOSURE
THIS ACTION came before the Court on September 5, 2007, on Plaintiff's MOTION FOR
SUMMARY JUDGMENT for foreclosure, and the Court, having reviewed the pleadings, affidavits,
and other evidence of record, and having heard argument of counsel and being otherwise fully advised
in the premises, finds as follows:
A. Service of process has been properly secured upon all Defendants and the Court has
jurisdiction over the parties and over the subject matter of this action.
B. Defendant, JEAN CLAUDE MARTEL, is the record owner of the Subject Properties
(as further described in Paragraph F, below) in this lawsuit.
C. The County's interest in the code enforcement liens that are the subject of this action is
paramount and superior to any right, title, interest, claims, liens, encumbrances, and equities of the
Defendants, JEAN CLAUDE MARTEL, UNKNOWN TENANT NOW KNOWN AS PAT JONES,
UNKNOWN TENANT AT 3155 KAREN DRIVE, and UNKNOWN TENANT AT 3175 KAREN
DRNE, and all persons claiming any interest in the Subject Properties (as further described in
Paragraph F, below) since the filing of the Lis Pendens.
D. Certified copies of the Orders Imposing FinelLien ("Orders") rendered by the Collier
County Code Enforcement Board were properly recorded in the Official Public Records of Collier
Agenda Item No. 16K6
May 13, 2008
Page 5 of 10
County, Florida, at OR Book 2885, Pages 1508-1510; O.R. Book 2885, Pages 1501-1503; O.R. Book
3307, Pages 0639-0641; OR Book 3307, Pages 0642-0644; and at O.R. Book 3598, Pages 0356-
0358; and these constitute valid liens upon the property.
E. A certified copy of nuisance abatement Resolution No. 2005-63 ("Resolution") was
properly recorded in the Official Public Records of Collier County, Florida, on February 18, 2005, at
O.R. Book 3737, Page 0827, and constitutes a valid lien upon the Subject Properties. A true and
correct copy of Resolution 2005-63 has been filed with the Court in this action.
F. Pursuant to 9 162.09(3), Florida Statutes, the Orders and the Resolution imposed
enforceable liens against the following property (the "Subject Properties"), described as:
PARCEL #1: 3155 Karen Drive (folio #61840320002), described as;
Lot 15, Talpon Mobile Home, more particularly described as: Beginning at the Northeast comer
of Lot 100, Naples Grove and Truck Co's Little Farms No.2, according to plat in Plat Book I,
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 26 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
POINT OF BEGINNING.
PARCEL #2: 3175 Karen Drive (folio #61839440003), described as:
Lot #16 of an unrecorded Plat. Commencing at the Northwest comer of Lot 100, Naples Grove
and Truck Co's Little Farms No.2, according to plat in Plat Book I, 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.
PARCEL #3: 3176 Karen Drive (folio #61838800000), described as;
Lot 38 of an unrecorded plat, TARPON MOBILE HOMES, more particularly described as:
Beginning at the NE comer of Lot 100, Naples Grove and Truck Co's Little Fanns No.2,
according to plat in Plat Book I, Page 27, Public Records of Collier County, Florida; thence S 00
degrees, 09 minutes, 00 seconds W 337.8 feet, thence N 89 degrees, 27 minutes, 00 seconds W
420 feet to POINT OF BEGINNING. Thence N 00 degrees, 09 minutes, 00 seconds E 139.0 feet,
thence 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 feet, to the POINT
OF BEGINNING.
G. There are no other liens recorded against the Subject Properties, which liens are
superior to code enforcement liens.
H. Several of the violations, which are the subject of the Orders Imposing Fine/Lien,
remain pending as of the date of this Order.
2
Agenda Item No. 16K6
May 13, 2008
Page 6 of 10
1. Plaintiff, Collier County, has incurred costs in the prosecution of this action in the
amount of $740. See the Affidavit of Michelle Edwards Arnold which is filed with this Court. In
addition, Plaintiff will expend $180 in costs for foreclosure processing ($60 per sale, for three sales).
These costs, combined, equal $920.
J. Plaintiff, Collier County, has expended the equivalent of $500 in reasonable attorney
fees.
K. Defaults were entered against Defendant JEAN CLAUDE MARTEL on February 14,
2007, and against Defendant lJJ\'KNOWN TENANT NOW KNOWN AS PAT JONES, UNKNOWN
TENANT AT 3155 KAREN DRNE, and UNKNOWN TENANT AT 3175 KAREN DRNE, by the
Clerk on May 18,2007.
L. As to each Defendant, there are no genuine issues of material fact, and Plaintiff, Collier
County, is entitled to a judgment in its favor as a matter oflaw; accordingly, it is
ORDERED AND ADJUDGED that Plaintiff's Motion for Summary Judgment for foreclosure
against Defendants JEAN CLAUDE MARTEL, UNKNOWN TENANT NOW KNOWN AS PAT
JONES, UNKNOWN TENANT AT 3155 KAREN DRNE, and UNKNOWN TENANT AT 3175
KAREN DRIVE, is hereby GRANTED and a Final Summary Judgment for Foreclosure ("The
Judgment") is hereby entered in accordance with the following terms:
1. As of September 5, 2007, there is due and owing from Defendant, JEAN CLAUDE
MARTEL, to the Plaintiff, the total sum of the code enforcement liens and nuisance abatement lien,
which equals $277,114.45, with interest accruing at the legal rate of 11%, for which let execution
issue.
2. Plaintiff, Collier County, is entitled to the costs and attorney fees incurred in this action,
pursuant to S 162.10, Florida Statutes, in the amount of $1 ,420 (i.e., $920 in costs and $500 in attorney
fees).
3. Plaintiff has code enforcement and nuisance abatement liens as security interests to
secure the payment of the aforesaid sums against the Subject Properties. Plaintiff's liens are prior,
paramount, and superior to all rights, claim, liens, interest, encumbrances, and equities of the
Defendants and all persons or entities claiming by, through, or under said Defendants or anyone of
them.
4. Unless the Defendants shall, at any time prior to the sale of the properties described
herein, pay to Plaintiffthe total sum of $277, 114.45, with interest at the rate prescribed by law and the
aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell
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.Il.genda Item No. 16K6
May 13. 2008
Page 7 of 10
each of the Subject Properties at three (3) separate public sales on (I) D QT 0 ~ ~ dS0
2007, at \.lID o'clock; (2) 0 Q::[OB-lf riSf1 , 2007, at .Ll.:&.U o'clock; and (3)
o ('JO!l...(( ~S"1l1 , 2007, at J.tAh. o'clock; to the highest and best bidder(s) for cash, in the
91"1--'<'- C-:t"'ll. . C h N I C II' C FI'd'
-First-Floor L\l1313y, .^.tRum area of the Collier County ourt ouse, ap es, 0 ler ounty, on a, ill
accordance with S 45.031, Florida Statutes. The Subject Properties shall be sold free and clear of all
right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of
redemption 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 Pendens.
5. Plaintiff is hereby given leave to bid at all three sales and apply against any debt made
by it, the amount found to be due Plaintiff in this Judgment. Section 45.031(2), Florida Statutes,
requires that the high bidder post with the Clerk a deposit equal to Five Percent (5%) of the final bid.
In the event that a successful bidder fails to place the requisite deposit in accordance with Florida
Statutes with the Clerk, said bid is void and the sale shall go to the second highest bidder, who shall
also comply with Florida Statutes in relation to the required deposit. However, if the Plaintiff is the
successful bidder, it is excluded from the deposit requirement.
6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees
and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the
costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the
total sum due to Plaintiff as set forth in this final judgment, plus interest at the rate prescribed by law
from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for
more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the smplus
and report to this Court for the Court to further order. The Clerk of the Court shall hold the smplus in
the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will
adjudicate the rights hereto according to law and equity.
7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and
upon the Clerk filing Certificates of Sale and Certificates of Title, the sales shall stand confirmed and
title shall pass fully and completely to the purchasers named in the Certificates of Title free and clear
of any right, title, interest, estate, claim, or equity of redemption of the Defendants or any person
claiming, by, through, or under them, or any person claiming any interest in the Subject Properties,
and the purchaser at the sale shall be let into possession of the property. Further, any and all persons
whosoever claiming against the Subject Properties, by virtue of any liens or other interest umecorded
as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from
4
, .
Agenda :tem t"-lo. 16K6
May 13, 2008
Page 8 of 10
asserting any such liens or other interest any such liens or other interest shall be discharged forever, in
accordance with Florida Statutes.
8. This Court retains jurisdiction of this cause for purposes of making all other orders and
judgments as may be necessary and appropriate herein, including, but not limited to, writs of
assistance determining claims to any surplus and granting such other relief as may be appropriate.
Section 162.09(3), Florida Statutes (2006), does not provide for entry of a deficiency judgment in
favor of the Plaintiff in the event that the proceeds of the sale of the property are insufficient to pay the
amounts due and owing Plaintiff pursuant to this Judgment The Clerk is hereby authorized to issue a
Writ of Possession for the premises after filing of Certificate ofTitJe upon request of Plaintiff and the
Sheriff is hereby authorized to serve the Writ of Possession.
DONE AND ORDERED at Naples, Florida, this _ day of September, 2007.
TIIE HONORABLE HUGH D. HAYES
Circuit Court Judge
Conformed copies to:
Mr. Claude Martel
3190 Karen Drive
Naples, Florida 34112
Ms. Pat Jones
3176 Karen Drive
Naples, Florida 34112
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Unknown Tenant
3155 Karen Drive,
Naples, Florida 34112
Unknown Tenant
3175 Karen Drive
Naples, Florida 34112
JeffE. Wright
Assistant County Attorney
3301 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
Bookkeeping
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i\genda item No. 16K6
May 13, 2008
Page 9 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision ofthe State of Florida,
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Plaintiff,
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CASE NO. 06-1902-CA
JEAN CLAUDE MARTEL, also known as CLAUDE MARTEL, et aI.,
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Defendants.
ORDER ON PLAINTIFF'S MOTION
TO RESCHEDULE FORECLOSURE SALE
THIS CAUSE having code before the Court at the request of the Plaintiff,
being otherwise fully advised in the premises it is hereby:
ORDERED AND ADJUDGED that unless the Defendant(s) shall, at any time prior to
the sale of the properties described herein, pay to Plaintiff the total sum of $277,114.45, with
interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, after
publication of notice as required by law, shall sell two (2) of the Subject Properties, identified
as PARCEL #1 and PARCEL #2 in the Court's September 24, 2007 AMENDED FINAL
SUMMARY JUDGMENT FOR FORECLOSURE, at one (1) combined public sale on June
~, 2008, at II . n () o'clock to the highest and best bidder(s) for cash, in the Sixth Floor,
Civil area of the Collier County Courthouse, Naples, Collier County, Florida, in accordance with
S 45.031, Florida Statutes. The Subject Properties identified above shall be sold free and clear of
all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or
equity of redemption 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 Pendens.
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Agenda Item 1'0. 16K6
May 13, 2008
Page 10 of 10
terms of the Court's
FURTHER ORDERED AND ADJUDGED that all of the
September 24,2007 Amended Final Summary Judgment for Foreclosure remain in full force and
effect, with the exception of the cancellation and rescheduling of the aforementioned sales.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida this .ilK..- day
of
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'-\\'\ Conformed Copies:
Mr. Claude Martel
/3190 Karen Drive
Naples, Florida 34112
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THE ~N GH D. HAYES
CirCUIt Court Ju ge
Ms. Pat Jones
/ 3176 Karen Drive
Naples, Florida 34112
Unknown Tenant
/3155KarenDrive,
Naples, Florida 34112
Unknown Tenant
3175 Karen Drive
/Naples, Florida 34112
JeffE. Wright
Assistant County Attorney
/3301 Tamiami Trail, East
Hannon Turner Building, Sth Floor
Naples, Florida 34112
Bookkeeping