Agenda 09/10/2019 Item #16A 9 (Release & Satisfaction of Lien - Pelican Ridge Naples)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$22,711.90, for payment of $1,611.90, in the code enforcement action entitled Board of County
Commissioners v. Pelican Ridge of Naples Association, Inc., Case No. CESD20170001945, and
incidentally, also resolve a pending appeal.
OBJECTIVE: That the Board of County Commissioners approve the release of a code enforcement lien
with an accrued value of $22,711.90, for payment of $1,500 and operational costs of $111.90, and
incidentally, also resolve a pending appeal in the action as well.
CONSIDERATIONS: On July 5, 2019, the Code Enforcement Board ordered the imposition of a lien
against Pelican Ridge of Naples Association, Inc. (hereinafter “Associat ion”), for code violations at 800
Meadowland Drive. The violations consisted of the replacement of a retaining wall, without first
obtaining the required Collier County permits. The lien, recorded at O.R. Book 5664 Page 3432, totals
$22,711.90, based on 452 days of accrued fines of $22,600 ($50 per day from May 4, 2018 through July
29, 2019) and $111.90 in operational costs. The violation has been abated.
In the pending appeal, the Association alleges that it did not receive proper notice of the July 5, 2019 code
enforcement hearing regarding the status of the abatement of the violation and imposition of the code lien.
The Association asserts that, had it received proper notice, it would have had the opportunity to prove that
the violation had been timely abated and therefore the lien would not have been imposed. Code
enforcement staff maintains that proper notice of the hearing was provided, pursuant to county ordinance.
Upon receiving service of the appeal, the County Attorney contacted the Assoc iation’s counsel and
explained the code lien reduction request process. The Association subsequently pursued the reduction
process and has offered to provide payment of $1,500, plus operational costs of $111.90, to have the lien
released from the subject property and appeal dismissed. The amount offered is consistent with past
reductions that have been recommended by code enforcement and approved by the Board, and the
pending appeal dismissal is immaterial to this recommendation to approve.
FISCAL IMPACT: Payment of $1,500 in settlement of fines and $111.90 in operational costs will be
made by the Association. If approved by the Board, the accrued fines in the amount of $21,100 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, approved it as to
form and legality, and recommends the Board accept the settlement offer. Majority support is required
for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. - KLN
RECOMMENDATION: To approve the release of the code enforcement lien for payment of $1,500
and operational costs of $111.90 and authorize the Chairman to sign the attached release and satisfaction
of lien for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
Kevin L. Noell, Assistant County Attorney
16.A.9
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ATTACHMENT(S)
1. Release and Satisfaction of Lien Pelican (PDF)
2. Pelican Ridge Naples Lien (PDF)
16.A.9
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 9945
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $22,711.90, for payment of $1,611.90, in the code enforcement action entitled Board of
County Commissioners v. Pelican Ridge of Naples Association, Inc., Case No. CESD20170001945, and
incidentally, also resolve a pending appeal.
Meeting Date: 09/10/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
08/26/2019 2:27 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/26/2019 2:27 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/26/2019 2:36 PM
Code Enforcement Colleen Davidson Additional Reviewer Completed 08/26/2019 2:50 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/26/2019 2:51 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 08/26/2019 3:27 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/26/2019 4:00 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/26/2019 4:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/26/2019 4:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/27/2019 8:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/27/2019 9:21 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/27/2019 11:10 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.9
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16.A.9.a
Packet Pg. 522 Attachment: Release and Satisfaction of Lien Pelican (9945 : BCC v. Pelican Ridge of Naples Association, Inc.)
INSTR 575531-8 oR 5664 PG 3432 RECoRDED 8/2O/2OL9 3.22 PM PAGES 3
CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLTER COUNTY FLORTDA
REc $27.00
YS.
COLLIER COTJNTY CODE ENT'ORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD20170001945
BOARD OF COUNTY COMMISSIOI\IERS
COLLIER COT,INTY, T'LORIDA"
Petitioner,
PELICAIY RIDGE OF NAPLES ASSOC., rNC.
Respondent
THIS CAUSE oame upon the Petitioner's Motion
for Imposition of Fines/Liens heard argument respective
of Law and Order of theto all appropriate mattersi,
Special lvlagistrate, as follows:
1. On August 4,2017,of Collier County L,and
Development Code, 04-41, as )(a), Section I 0.02.06(BXl )(e) and
Section 1 0.02.06(BX1 )(e)(i) due to a railroad tie retaining wall with a brick
paver retaining wall without obtaining the required Collier County permits
)This violation occurrsd on property owned by the Respondent and located at E00 Meadowland
Drive, Naples, Florida 34108, FolioNo. 673907200104.
Respondent was ordered to abate the violation on or before May 4,2018 or a fine of $50.00 per
day would be assessed for each day the violations continued thereafter until abatement could be
confirmed. (A copy ofthe Order is recorded atOR5429,PG 2261).
The violation was not abated by the Respondent as ofJuly 5,20L9, and fines have accrued from
May 4, 2018 to July 5, 2;019 (428 days) at $50.00 per day for a total amount of $21y'00.(X).
heviously assessed operational costs of $115.40 incurred by the County in the original
prosecution ofthis case have been paid.
6. Responden! having been duly noticed for the public hearing regmding the Cormty's Motion, was
not present at the hearing.
7 . No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as arnended has been filed.
J
4.
5
guilty
16.A.9.b
Packet Pg. 523 Attachment: Pelican Ridge Naples Lien (9945 : BCC v. Pelican Ridge of Naples Association, Inc.)
oR 5664 PG 3433
A.
B.
C.
E.
F.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0744, as amended,
ITIS IIEREBY ORDERED;
Petitioner's Motion for Imposition of B'ines/Liens is GRANTED.
Respondent is assessed and ordered to pay fines at the rate of $50.00 per day for the period
from May 4,2018 to July 5,2019 (428 days) for a total line amount of $21,400.00.
Respondent is ordered to pay operational costs of $111.90 incurred for today's hearing.
The total amount of fines and costs assessed to the Respondent to date is $21.511.90.
Fines continue to acrrue until
DOIYE AND ORDERED this Count5r, Florida.
ENT'ORCEMENT
TE
and for Collier County
is a iue end
Deputy Clerk
,{{}. ,.'',.PAYMENT,Of,'Ffr{ES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
@ Division, 2800 North Horseshoe Drive, Naples, FL 34lti4, pioo" # Q3g)2sz-
2440, or www.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.
APPEAL: Any aggrieved p*ly may appeal afiral order of the Special Magistrate to the Circuit Court
within ftirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed rec.ord of the hearing from the Clerk of Courts.
Filing an Appeal wilt not automatically staythe Special lvlagistrate's Order.
u{
,(r
Unl
16.A.9.b
Packet Pg. 524 Attachment: Pelican Ridge Naples Lien (9945 : BCC v. Pelican Ridge of Naples Association, Inc.)
*** oR 5664 PG 3434 ***
I HEREBY CERTIFY that a true and correct copy of this ORDER OF TIIE SPECIAL
IVIAGISTRATE has been sent by U. S. fvlail this J-tllfiAuy of July 2019 tothe following:
CERTIFICATE OF SER\ICE
PELICAIY RIDGE OF NAPLES ASSOC.,INC,
o/o Manager's Officr
800 Meadowland Drive
Naples, Florida 34108
C.
16.A.9.b
Packet Pg. 525 Attachment: Pelican Ridge Naples Lien (9945 : BCC v. Pelican Ridge of Naples Association, Inc.)