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Agenda 11/12/2019 Item #16C 4 (County Attorney's legal action for property on Brockington Dr)11/12/2019 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to take any and all legal action necessary to ensure that the property located at 249 Brockington Drive, which escheated to the county due to the prior owner’s failure to pay taxes, is vacated of any occupants and the dilapidated trailer on the property is removed or demolished, if it remains. OBJECTIVE: To ensure that the property located at 249 Brockington Drive, which escheated to the county due to the prior owner’s failure to pay taxes, is vacated of any occupants and the dilapidated trailer on the property is removed or demolished, if necessary. CONSIDERATIONS: The prior owner of 249 Brockington Drive failed to pay property taxes. Pursuant to Chapter 197, Florida Statutes, the Tax Collector conducted a sale of a tax certificate for the delinquent taxes. There was no buyer, and the tax certificate was issued (struck) to the County. When eligible, the tax certificate continued to the tax deed application and sale process. The tax deed for 249 Brockington Drive also did not sell, and the property was placed on a list entitled “lands available for taxes.” After three years of being offered for public sale, the property escheated to the County pursuant to Section 197.502(8), Florida Statutes, free and clear of any and all tax certificates, tax liens or any other liens of record. Once aware of the escheated property, staff conducted a site visit on September 4, 2018, and discovered a severely dilapidated trailer with occupants inside on the property. The occupants, who were not the prior owner(s) of the property nor tenants, were advised that they needed to vacate the premises. An action plan was discussed with the prior owner, Ms. Burgess, for the occupants to vacate the property and for the dilapidated trailer to be removed from the property by October 5, 2018. This did not occur, and staff again attempted to work with the prior owner and current occupants by providing several extensions to vacate the property. The deadline extensions passed and subsequent notices to vacate were also ineffective. Staff has further attempted to assist the occupants in relocating, with assistance from Community Human Services and other outreach organizations, all to no avail. Prior to and throughout this process, there have been reports of criminal activity and code violations on the property for narcotics, discharging of firearms, debris, abandoned property, and excessive noise. FISCAL IMPACT: The cost of an uncontested legal action, if necessary, is estimated to cost approximately $1,000 and cost of removal and demolition of the trailer should not exceed $6,500 dollars. Funds are available in the Division of Facilities Management Operating Budget 001 -122240. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - KN GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To authorize the County Attorney to take any and all legal action necessary to effectuate the removal of the dilapidated trailer and any occupants from the property and authorize Facilities Management to demolish the trailer and remove all debris from the property, should the trailer remain. Prepared By: Roosevelt Leonard, Sr. Review Appraiser, Facilities Management Division 16.C.4 Packet Pg. 1360 11/12/2019 ATTACHMENT(S) 1. 5 year history of code violations (PDF) 2. Contact history with occupant (PDF) 3. Criminal History for 249 Brockington Dr. (PDF) 4. Pictures of 249 Brockington Dr. 29 May 2019 (PDF) 16.C.4 Packet Pg. 1361 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 10490 Item Summary: Recommendation to authorize the County Attorney to take any and all legal action necessary to ensure that the property located at 249 Brockington Drive, which escheate d to the county due to the prior owner’s failure to pay taxes, is vacated of any occupants and the dilapidated trailer on the property is removed or demolished, if it remains. Meeting Date: 11/12/2019 Prepared by: Title: – Facilities Management Name: Kathleen Sibert 10/11/2019 2:11 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 10/11/2019 2:11 PM Approved By: Review: Facilities Management Kathleen Sibert Director - Facilities Skipped 10/11/2019 2:08 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/11/2019 3:45 PM Facilities Management Toni Mott Additional Reviewer Completed 10/17/2019 9:01 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/17/2019 2:07 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/18/2019 11:38 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/22/2019 3:06 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/30/2019 2:31 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/30/2019 2:37 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/30/2019 2:42 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/30/2019 5:22 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 9:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 16.C.4 Packet Pg. 1362 249 Brockington Dr. Copeland Fl, Code Cases in the last five years: Case CELU20l400l3l68 for an unpermitted trailer. This complaint was received from a community member. The violation was abated by demolition of the trailer. Case CENA2Ol600l886l for litter and weeds. This case was referred to us by the Sheriff s Office, and went to a hearing with the Special Magistrate. We closed our case when we discovered the County was the new owner of the property. I do not believe these violations have been corrected. Case CEV20160018862 for unlicensed and inoperable vehicles. This case was referred to us by the Sheriff s Office. The violation was abated by removal of the vehicles from the property. Case C8PM20160018867 for a mobile home with broken windows. This case was referred to us by the Sheriff s Office. The violation was abated by the broken windows of the mobile home being repaired. 16.C.4.a Packet Pg. 1363 Attachment: 5 year history of code violations (10490 : 249 Brockington Drive Copeland) The History and communications with Lorraine Burgess, 249 Brockington Dr Copeland Aug. 20, 2018 - CAO notified Real Property that 249 Brockington had escheated to the County for unpaid property taxes, thereby sending 3-day notice was sent to vacate the premises. Aug.30,2018 - CAO copied Real Property on a lefter indicating a person with a trailer was occupying the property that has escheated to Collier County. Lorraine Burgess contacted Real Property about a process to acquire the property, she stated someone fiom the County was out there to discuss how she could get the property back (she was advised the property has escheated to the County 11/3/2017 for unpaid taxes). Sept. 4th'201E - Site visit to 249 Brockington by Real Property, provided conversation with occupants and pictures ofthe property. (pics and notes from conversation attached). Sept, 18,2018 - Letter sent to Ms. Burgess confirming a phone conversation 9-14-2018 with an action plan for her to vacate on or before Oct 5, 2018 (letter was sent cenified). Oct. 11r 20lE - Sent CAO approved letter to Ms. Burgess, because she called and wanted an extension to surrender possession ofthe premises until Oct 17, 201 8 (letter was sent certified). Contact sheet from Toni Mott included: Oct. 19- 2O1a - L.ft v-m.il fo. Ms- Burgess that de.dlln€ was Oct. 1lh and haven,t recaived .ny status updates. Reqriested shc calt me today- Ms. Burgess aeturn€d rny call and sald a new location has been found, the trass has bcen cut and the trailer Is ort-site. Need boultdary suivey for Ue-down perrnlt, She hes a surveyor coming on oct. 23'd. She indicated that she has someone to do th€ tie down and -ssist with perrrilt. Atreed she l^rorrld Call me with an update no later than Oct, Z4u. ft.25- 2014 - Spoke to Ms- BurBess and she satd surveyor comtn8 today and will check on tle-down also. v\,tll provtde an updaie by Spm tod.y. taov. 14. 2O1t - L€ft v-m.tl for Ms. BurBess reques ng ao update as our tast conv€rsatlon \ara5 Oct. 26rn and the removal Gtale was exteoded to Oct. l7ri. whlch we're almost a month past that deadtlnG. Requested 5he return mycEll. ov. 15. 2OLB - Ms. Burgess left v-maal that she couldn.t afford the prke th. $uivclror provided and has been trylng to flnd iomeone else that Is morc reasonable, She was veiy appreclrtive of ui working wlth her. ov- 26. 2ll18 - Spoke w/Ms. Burgess and sh. said strc woutd check wlth her brother on thc cost of the survey as ha had spoken to th€ surveyo.- I seid wepltnn.d 0rr checkirrg with Counvs CHS to se. if there ar. a.|y fund3 that could Essist and need to know the Gost of th€ survcy. oy. 27. m18 - emailed kristi to see if CHS had any funds to esslst with this m.tter. Kristi .iked B..bctta to call me for .ddttaortal detaits. Barbetta c.lted and l€ft me!tiite. 16.C.4.b Packet Pg. 1364 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) Xou.2t.2O1t - Spoke to Barbetta and explained siiuaflon. Barbetta said that if the trailer was going to be at the same location, there might be some type of funding available, but since the trailer will be located at another site th€re aren't any funds. Barbetta suggested cont.cting Salvation Atmy 1775-94471, Catholic Olarities (455-2655) and St. Vincent DePaul (775-16671 to see if they had any discretionary funds that could be utilized to assist Ms. Burgess. J.n.2.2019 - Ms. Burgess leftvoicemail on my personatcetl phone that she hadn't forgotten and was still working on obtaining the suruey. She said she found someone that would do for 51,800 and had another person comang that would hopefully provide the price today so she could let us know. She said she didn,t want to call during the holldays and to please call her. She was appreciative of us working with her. Jan, tl.201e - Spoke to Ms. Burgess to ask if the 51800 price she provided was for the survey and the tie down as that amount seemed excessive for just a survey. She said her brother spoke to the tentleman and plans on calling him herself to flnd out what the 51800 price included. I informed her that we had spoken to our CHS and they weren't able to provide funding since the trailer won,t be at same locataon. I sald that our Asst. CAO arked us to find out the year of the trailer as that might make a difference with p€rmitting and tie-down. Ms. Buryess said she would find out and provide that information. She said that the 'new, railer will be located on the lot next to her exasting house in Copeland, I said we were also going to contect the Catholic Charities and some other organizations to ask if they have any dlscretionary funds that could arsist with this matt€r. We agreed to speal early next week. Feb. 2019 - Mar. 2019 Limited communication with property owner as she explores various financial resources. }4.ay.29,2019 - received contact from Code Enforcement regarding previous complaints about litter and illegal activity at this property. DAS has been contacted about condition of animals. Good Moming Roosevelt, Nice to talk with you this moming. We recently received complaints from the Collier County Sheriff s office regarding 249 Brockington Dr out in copeland. The complaints were regarding litter and an unlicensed vehicle on the property. Pictures attached. Code Enforcement already has a case that is accruing fines for the litter that dates to 2016 when the property was owned by 16.C.4.b Packet Pg. 1365 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) the Burgess Family. The mobile home is occupied and is in bad shape. This property has a long history of drug related activity. Now that the property is owned by Collier County, we would like to come up with a plan to clean it up. Respectfully, Joe Mucha Investigative Supervisor Code Enforcement Division 2800 North Horseshoe Dr, Naples FL 34102 Email: ioseph.mucha@colliercountyfl .eov 239-252-2452 Offrce 239-252-3920Fax May 30,2019 Telephone Ms. Burgess to follow up on her status of vacating the property. She stated that she obtained a surveyor to perform his duties, but she's on disability and can't afford the $1,800 dollars for the tie down. Ms. Burgess knows of a lot and trailer located nearby, she will call me back with a location. I asked Ms. Burgess about the car on the property, she said it belongs to her brother, he,s trying to remove it. I asked her about the litter and debris, she said she wasn't aware ofthe property condition because she doesn't live there. Ms. Burgess is supposed to call back later today with more information on the future location. She did not give a firm date on her ability to vacate the premise. Additional follow uo: l. Contacted Lisa at Community and Human Services, she said if Ms. Burgess owned the land, they would demo trailer, wipe out all code violations and provide her newer living conditions (because she is on disability and low income). Sorry, there is nothing they can do. 2. Contacted Joe Mucha, Code Enforcement Supervisor he will follow up on the water, septic and overall health condition at 249 Brockington. 16.C.4.b Packet Pg. 1366 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) 6lst20t9 Performed site visit 6/512019 at249 Brockington Dr. Copeland, Lorraine Burgess is the previous property owner. I talked to Joanne Burgess, the sister of Lorraine Burgess who is currently occupying the premises, Lorraine Burgess is not living at this address. The followine people are living at the 249 Brockinglon Dr. L Joanne Burgess, sister currently unemployed no current income. 2. Richard Burgess, brother currently employed. 3. David Burgess, brother currently on disability. David is diagnosed with diabetes, sleep apnea, and asthma, he uses a breathing machine throughout the day and night. Water, Septic, and electric are available for 249 Brockington. On a previous visit by Code Enforcement an abandon car was noted, unstable dog kennel and scattered debris. The car has been removed and most of the debris is cleaned up. The dog kennel is being removed as they are locating shelter for animals. Joanne Burgess said she doesn't have the $1,800 dollars to move to another site, but she is willing to purchase the lot. She was advised that we are meeting with the CAO and expect to receive a letter from the results of that meeting. 16.C.4.b Packet Pg. 1367 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) CONTACT SHEET 249 Brockin8ton Dr. Copeland 6t6t2019 Real Property Staff met with Assist County Attomey Kevin Noell, to discuss the process for vacating occupants on County owned land. Kevin stated that he would work with Code Enforcement and Code would take the lead as this is considered abandoned property on public property. The CAO will provide a notice(s) to the occupants at 249 Brockington Dr. Kevin anticipates the time frame would be approximately 60 days ifthe SherifPs Office was willing to work with the County. Code Enforcement has been made aware ofthe current conditions at 249 BrockinSon Dr. such as no legal water and other previous code violations. 6t20t20r9 The Tax collector (Cheryl Conyers) called Real Property Management to advise that David Burgess called their office inquiring how to purchase the lot at 249 Brockington. The updated status as follows: I . Lorraine Burgess was contacted today, she stated her brother Richard is working and his boss is trying to help them out. Lorraine was advised that the value ofthe lot is $5,000 dollars. 2. The CAO office has been in contact with the Code Enforcement Director. 3. Ms. Burgess will follow up as to her ability to acquire the lot. The short-term options: (A) Collier County will continue to go through the process ofremoving the occupants from the land. (B) Collier County will work with the previous property owner to acquire the lot. 6n4t2019 Mr. Ervin Stokes called today (239-564-6882), he is the employer for Richard Burgess. Mr. Stokes said he will pay the cost of the land (55,000) and closing costs. They will trim or cut any over grown weeds and Mr. Stokes wanted to know if Collier County would abate full or partial the code enforcement fees/liens. The request was sent to code enforcement for the estimated fees due and Lisa Carr (Community and Human Services) was contacted to inquire about additional help if the Burgess's owned the land. 6l26l2OL9 Ms. Burgess called today, she was inquiring to see if Richard's employer has contacted Collier County, she was given the information to Community and Human Services for potential assistance. 16.C.4.b Packet Pg. 1368 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) 6127l2oLs Requested legal Services, for opinion to sell county own lot without legal pubic notice. File is up in the CAO. 7lL6lzote Contacted Mrs. Burgess, she gave me the information on a potential lot location -202 Turnstile Copeland with the property owner name. Mrs. Maylen239-784-3343 Left message at phone number. 7l22l2OL9 Called Mrs. Maylen, the property owner of 202 Turnstile, she thought the tie down was 54,000 dollars for her trailer and lot location. Mrs. Maylen will search for prices to compare, also the rent at this location will be 5700 a month, water included. Occupant pays their own electric. thlzote Searched around for tie down companies located B & H 340-0354, the person never returned phone messages. 8lL6l2OLs Located another tie down company, sent email for quote J & S Mobile homes 407- 281-8339 sltel2oLe Received email from tie down company, they indicated the distance is too far. 8l30l2Ot9 Received call from Ms. Burgess, she said she receive notice to vacant property, advised her it is out of our hands, lot must be surplused and offered to the public for sale, advised her not to wait until someone shows up. 9lLzla0ts Daniel Hamilton of Code said occupants are still there, CAO states they are working with code for the eviction. 16.C.4.b Packet Pg. 1369 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) INSTR 5466627 oR 5445 PG 3583 RECoRDED Ll/3/2017 11:10 Al.l PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $10.00 Tax Deed File Number: 14850 Property Identification Number: 01 134805808 DR-506E R. t2l06 Escheatment Tax Deed STATE OF FLORIDA COUNTY OF COLLIER For Otficirl Purposcs Only This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes, wherein three years have passed from the day the subject land was offered for public sale and placed on the list of "lands available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been purchased. As provided in Section 197.502(8), Florida Statutes, the properry has free and clear of any and all tax certificales, tax Iiens or any other liens of liens, which liens are deemed canceled pursuant to said statute, Now, on this 3rd day of November,Collier County through its Board of County Commissioners, whose 341 12, together with all hereditaments, buildings, fi xtures the following legally described land situate in Collier I3 52 29 UNREC'D PAR 48 DESC N52DEG W I34,4OFT, N 97FT, N w 987.57FT, S 42DEG W 37FT POB, N88DEG W I28.2OFT,N I DEG E IOOFT, S88DEG E 128.20FT,ELY 60 FT Witness: STATE OF FLORIDA COI.INTY OF COLLIER Karey I Collier Couniy, " f;i L,uI itr . BBh on this 3rd day of November,20l7 before.u$'Sl'"""'iiiliatr*a persona[y appeared Karey Fyffe, Depury trttta,uttr!, r. Clerk oflhe Circuit Court in and for the fitie andthiS'Cbunty wh9 is krown to me to be rhe peison described herein, and who executed the foregoing irst"]rnLgsgld11eingwlidged the execution ofrtris in.i^r.nt to be of hisftrer own free act and deed for the uaC an{ purgdfg$IltErein.lnenloned.hisftrer own free act and deed for the uad an{LrnenEoned.j:erl?::: Wilness my hand and official seal oi,d4d.aforesff_d,, (- 1 iL5rtl This instrument was prepared by Donna Rutherford, Deputy Clerk Collier County, Naples, Florida M EI/4 CNR 484FT, NID .w l00FTTo @ Donna Rutherford 0 16.C.4.b Packet Pg. 1370 Attachment: Contact history with occupant (10490 : 249 Brockington Drive Copeland) From: M uchaJoseph <Joseph.Mucha@colliercountyfl.gov> sent: Tuesday, october 1,2019 1:54 PM To: LeonardRoosevelt <Roosevelt.Leonard@colliercountyfl.gov> Cc: MottToni <Toni.Mott@colliercounMl.gov>; RodriguezDan <Dan.Rodriguez@colliercountyfl.gov> Subiect: FW: 249 Brockington, Copeland Here is some criminal history about 249 Brockington Dr that has been provided by Sgt Adam Hall of ccso. Hey Joe, ln reference to 249 Brockington, there have been multiple arrests to include:o 2019: o Cocaine Sales (Clifford Burgess-Convicted Felon) o Cocaine Sales (Lindsey Burgess-Convicted Felon) o Cocaine Sales (Maurice Burgess) . 2018: o Warrant Arrest for No Valid Drive/s License, Resisting Officer Without Violence (Maurice Burgess) o Violation of State Probation for Flee & Elude (Cortez Burgess - Convicted Felon)o 2017: o Dealing in Stolen Property/Petit Theft (Maurice Burgess) o Violate Established Emergency Measures (Clifford Burgess-Convicted Felon) o Violate Established Emergency Measures (Lindsey Burgess-Convicted Felon) o Warrant Arrest for No Valid Drive/s License (Richard Burgess-Convicted Felon) o Possession of Cocaine, Possession of Paraphernalia, Warrant for No Valid Drive/s License (Bryant Hickok-Convicted Felon) o (cortez Burgess - Convicted Felon) was arrested for Flee & Elude LEO, Burglary, Drive While License Suspended while living at the address This address is a known drug house. There have been multiple other reports completed in reference to 249 Brockington over the last several years on top ofthis. ln 2018 there was also an Aggravated Assault report in which shots were fired at the address, no arrest to date. Several convicted felons frequent as well as live at the address as well. lf you need more detailed information please let me know. Adam Sgt. Adam H^ll#2925 Collier County Sheriffs O{Ece District 5 Community & SET Supewisor CollierSheriff.or Office: (239) 252-9454 16.C.4.c Packet Pg. 1371 Attachment: Criminal History for 249 Brockington Dr. (10490 : 249 Brockington Drive Copeland) animal shelter U[r&..ri 16.C.4.d Packet Pg. 1372 Attachment: Pictures of 249 Brockington Dr. 29 May 2019 (10490 : 249 Brockington Drive Copeland) 16.C.4.d Packet Pg. 1373 Attachment: Pictures of 249 Brockington Dr. 29 May 2019 (10490 : 249 Brockington Drive Copeland) bathroom 16.C.4.d Packet Pg. 1374 Attachment: Pictures of 249 Brockington Dr. 29 May 2019 (10490 : 249 Brockington Drive Copeland) bedroom rear view of lot I E >I I I 16.C.4.d Packet Pg. 1375 Attachment: Pictures of 249 Brockington Dr. 29 May 2019 (10490 : 249 Brockington Drive Copeland) abandon car 16.C.4.d Packet Pg. 1376 Attachment: Pictures of 249 Brockington Dr. 29 May 2019 (10490 : 249 Brockington Drive Copeland)