Agenda 09/10/2019 Item #16A 8 (Release & Satisfaction of Lien - Johnson)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$127,224.20 for payment of $724.20 in the code enforcement action entitled Board of County
Commissioners v. Keri C. Johnson, relating to property located at 8137 Ronda Ct, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement
lien with an accrued value of $127,224.20 for payment of $724.20, in relation to Code Enforcement
Special Magistrate Case No. CESD20180001549.
CONSIDERATIONS: When the subject property was owned by Keri C. Johnson, the Code Enforcement
Special Magistrate ordered the imposition of a code lien on the property, due to a code violation. The lien
was for a violation consisting of an unsecured swimming pool at the residence. The lien was recorded on
October 18, 2018, at O.R. Book 5563, Page 2447. The current lien amount is $127,224.20, based on 254
days of accrued fines ($500 per day from July 14, 2018, through April 12, 2019) totaling $127,000, plus
$224.20 in operational costs. The property was brought into compliance on April 12, 2019.
Matthew T. Snider acquired the property via a foreclosure short sale, and the Warranty Deed was
recorded on November 2, 2018. Pursuant to Resolution No. 2012-46, a request for reduction of fines may
be considered, in part, when a lien encumbers property under new ownership, and the new owner has
diligently pursued abatement and achieved compliance and/or when payment of the lien would impose a
severe financial hardship on the owner. The new owner took title to this property unaware of the existing
uncorrected violation caused by Hurricane Irma. It took a substantial amount of time and money with
expenses totaling over $200,000 to make the home livable, of which $22,000 was for the abatement of the
pool enclosure. There was extensive follow up with Code Enforcement and permitting departments due to
permit fees, and inspections to come into compliance. The property is actively mai ntained, and the owner
has paid $724.20 in settlement of fines and is requesting the remaining $126,500 in accrued fines be
waived. There are no known code violations remaining on the property.
FISCAL IMPACT: Payment of $724.20 in settlement of fines has been received. If approved by the
Board, accrued fines in the amount of $126,500 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46 KN
RECOMMENDATION: To waive the fines in the amount of $126,500 accept payment amount of
$724.20 release the lien and authorize the Chair to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Lien Order Johnson (PDF)
2. Release and Satisfaction of Lien KN SIgned (PDF)
3. Reduction of Fines Letter Johnson (PDF)
16.A.8
Packet Pg. 512
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 9422
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $127,224.20 for payment of $724.20 in the code enforcement action entitled Board of
County Commissioners v. Keri C. Johnson, relating to property located at 8137 Ronda Ct, Collier County,
Florida.
Meeting Date: 09/10/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
06/20/2019 11:28 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
06/20/2019 11:28 AM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Completed 06/27/2019 11:38 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 07/26/2019 11:12 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/13/2019 9:02 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/13/2019 9:32 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/13/2019 2:21 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/14/2019 10:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2019 7:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:11 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:18 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.8
Packet Pg. 513
rNsrR 5626358 oR 5563 PG 2447 RECoRDED LO/L8/2AL8 L:48 PM PAGES 3
CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COI.]NTY CODE ENFORCEMENT
SPECIAL MAGISTMTE
Case No. - CESD20180001549
BOARD OT COI.INTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
KERI C. JOHNSON,
Respondent.
THIS CAUSE came hearing upon the Petitioner's
Motion for Imposition of ial Magistrate, having heard
argument respective to all of Fact and Order of the
Special Magistrate, as
l. On July 6,2018,County Land Development
Code, 04-41, as amended,l7 Florida Building Code, Sixth
Edition, Chapter 4, Section 454 ming pool missing an approved pool
property, rvhich violation occurrcd onbarrier in the rear yard of improved occu pied resi dential
2.
the property located at 8137 RONDA CT, NAPLES, FL, Folio No. 60580000845 (Legal
Description: MONTEREY UNIT FIVE LOT 210).
An Order was entered by the Special Magistrate ordering the Respondent to abate ihe violation on
or before August 5, 20 I 8 or a fine of $500.00 per day rvould be assessed for each day the
violations continue thereafter untit abaternent is confirmed. (A copy of the Order is recorded at
oR 5535, PG 3781).
Operational costs of $l12.35 incurred by the County in the prosecution of this case were ordered
to be paid.
Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the public hearing, and no legal defense to the Motion was presented.
No Request for Re-hearing or Appeal pursuant to Ordinance 20A7-44, as amended, has been
timely filed.
3.
4
5
guilty of
6. The violation rvas partially abated as of July 17,2018
16.A.8.a
Packet Pg. 514 Attachment: Lien Order Johnson (9422 : BCC v. Keri C. Johnson)
oR 5563 PG 2448
oRpEIr
Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
B. On Part B of the Order daily fines of $500.00 per day are assessed against Respondent for 4 days
fortheperiodfromJuly l4,20l8toJuly lT,20lS,foratotalamountof finesof $2,000.00
C. On Part C of the Order daily fines of $500.00 per day are assessed against Respondent for 47
days for the period from August 6, 2018 to September 21,2018, for a total amount of fines of
$23,500.00
D. Respondent shall pay previously assessed operational costs in the amount of $l12.35.
E. Respondent shall pay operati,
$r I L85.
of Fines hearing in the amount of
F. Respondent is ordered
Notice of Assessment
Florida.
G. The daily fine of $5
abatement has been
ln total ,of $eSJ24.20 or be subject to 2
in Collier County,
Fin dings of Fact Order until
. Investigalor.
DONE AND ORDERED this of September County, Florida.
CODE f,NFORCEMENT
TE
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division,2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239) 252-2440, or wrvw.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location,
APPf,AL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
rvithin thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate revierv of the record created rvithin the original hearing. It is the
responsibilify of the appealing parfy to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal rvill not automatically stay the Spccial Magistrate's Order.
l, C.Ft l Colller Conty
c hlc rndmnecldr
6l.d
16.A.8.a
Packet Pg. 515 Attachment: Lien Order Johnson (9422 : BCC v. Keri C. Johnson)
*** oR 5563 PG 2449 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Keri C. Johnson at 222A Harvksridge Dr. # 2 I 03 Naples, FL 34 I 05 this / day of October 201 8.
Enforcement Official
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:;
J*"h
\^
16.A.8.a
Packet Pg. 516 Attachment: Lien Order Johnson (9422 : BCC v. Keri C. Johnson)
16.A.8.b
Packet Pg. 517 Attachment: Release and Satisfaction of Lien KN SIgned (9422 : BCC v. Keri C. Johnson)
L/
Matthew & Shannon Snider
8137 Ronda Court
Naples, Florida 34108
May 15,2019
Collier County
Code Enforcement Division
2800 Horseshoe Drive N
Naples. Florida 34104
Reference: Fines for Case CESD2O180001549 | 8137 Ronda Court, Naples, Florida 34108
Dear Director.
After a long journey we have obtained the CO for the pool enclosure (application number PRBD2O190102795)
located at our home. We are respectfully asking that the fines that have accrued both by the previous owner and
during the time we have been trying to remedy the situation be waived now that the issue is compliant.
To give you some background on this situation, my wife and I would like for you to know that we have been
diligently trying to abate this code violation that stems from Hurricane Irma damage to the pool enclosure and
the fact that the previous owner never addressed it because the home was in foreclosure and she had filed
bankruptcy. As you can imagine there were also numerous other issues with the home, given we purchased it in
a distressed situation (a short-sale that took over l8 months to close and a property in desperate need of repair).
We know that the County has been gracious and understanding with purchasers of eye-sores in the past and we
ask for your graciousness today. This horne was the worst properly in the entire communitv of Monterev wlren
we purchased it. It was a blight on the community and we have done everything in our power to turn the place
into something that the neighbors can be proud of. We have put over $200,000 into making this place a home
for our two boys. We love Monterey and this has become a happy place for my family and I to reside.
We know the County understands how slow the process can be when it comes to post-lrma repairs, as
evidenced by the wall that separates our property from Vanderbilt Beach Drive. It took nearly two years for that
wall to be repaired and replaced. Contractors and sub-contractors are still overwhelmed with those types ofjobs,
as wellas roofs and pool enclosures, and we totally understand the need for patience.
All of the fines currently listed in the notes on this case were during the previous owner's ownership of the
property. Per the Inspection Notes, your investigators have notated that we have been keeping them updated on
the status of trying to abate the issue ever since we purchased the home. Your staff has been great to work with
and we can't say enough about the level of professionalism and concern they have had for us during this
experience. Again, we respectfully ask that the fines be waived but understand that the County has put time and
resources into dealing with this issue. According to the GMD Public Portal the Operational Costs thus far are
$224.20 but we would like to offer $500 if that is agreeable with yor"r.
Please contact us if you have any questions or concerns. We just want what is best, and reasonable, for
everyone.
Humbly vours.
Matthew Snider Shannon Snider #
16.A.8.c
Packet Pg. 518 Attachment: Reduction of Fines Letter Johnson (9422 : BCC v. Keri C. Johnson)