Agenda 03/23/2021 Item #16A13 (Code Enforcement Release of Lien - 4070 29th Ave. NE)03/23/2021
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien, with an accrued value of
$171,318.98 for payment of $5,118.98 in the code enforcement action titled, Board of County
Commissioners v. LSF9 MSTR Participation Trust, relating to property located at 4070 29TH Ave
NE, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement
lien with an accrued value of $171,318.98 for payment of $5,118.98, in relation to Code Enforcement
Board Case No. CESD20170020080.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against LSF9
MSTR Participation Trust, in Case No. CESD20170020080, for a code violation at 4070 29 TH Ave NE.
The violation consisted of unpermitted alteration work to the interior of the main structure. The lien was
recorded on August 7, 2018, at O.R. Book 5540, Page 2863. The current lien amount is $171,318.98,
based on 856 days of accrued fines ($200 per day from June 24, 2018 through October 26, 2020) totaling
$171,200, plus $118.98 operational costs. The property was brought into compliance on October 26,
2020.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. The LSF9 MSTR Participation Trust was unaware of the
code violation as a tenant was living in the rental home when the violation occurred. It is believed that all
violation notices were sent to the tenant who did not notify the owners. Once the owners became aware
of the violation, they quickly began to bring the property into compliance. It took substantial amounts of
time and money with extensive follow up, permit fees, and inspections to come into compliance. The
owners have paid $5,118.98 in settlement of fines and are requesting the remaining $166,200 in accrued
fines be waived; see attached hardship letter as required. There are no known code violations at this time.
FISCAL IMPACT: Payment of $5,118.98 in settlement of fines has been made. If approved by the
Board, accrued fines in the amount of $166,200 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. JAK
RECOMMENDATION: To waive the fines in the amount of $166,200, accept payment amount of
$5,118.98, and authorize the Chairperson 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. Owner Letter (PDF)
2. Backup Documents L (PDF)
16.A.13
Packet Pg. 683
03/23/2021
3. Lien Order (PDF)
4. Release of Lien (PDF)
16.A.13
Packet Pg. 684
03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 15047
Item Summary: Recommendation to approve the release of a code enforcement lien, with an
accrued value of $171,318.98 for payment of $5,118.98 in the code enforcement action titled, Board of
County Commissioners v. LSF9 MSTR Participation Trust, relating to property located at 4070 29th Ave
NE, Collier County, Florida.
Meeting Date: 03/23/2021
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
02/11/2021 1:38 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
02/11/2021 1:38 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/12/2021 9:02 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 02/16/2021 10:53 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 02/22/2021 11:07 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 02/22/2021 11:20 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 12:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 9:40 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2021 3:24 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 9:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.A.13
Packet Pg. 685
Burgoslliana
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bernard, Sophia <Sophia.Bernard@lewisbrisbois.com>
Friday, December 18,2020 3:44 PM
Burgoslliana
Riley, Stephanie
407029 Ave NE Naples FL34120
PAYOFF - 4070 29 Ave NE Naples FL 34120.pdf; Deed - 4070 29 Ave NE Naples FL
3412O.pdf; Lis Pendens- 4070 29 Ave NE Naples FL 34120.pdf; Final Judgment - 4070 29
Ave NE Naples FL 3412O.pdf;4070 29 Ave Naples FL -- Miigation Letter and LOR
4827 -9243-6'l 80 v.'l .pdf
Sophia L. Bernard
Attorney
Sophia.Bernard@ lewisbrisbois.com
T: 813.739.1929 F: 813.739.1919
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extrem€ caution when
opening attachments or clicking links.
Good afternoon lliana,
It was a pleasure speaking with you this afternoon. As discussed, please find a correspondence regarding lien reduction
attached.
Thank you,
w,
LTWIS
Bftrsffit$$
401 E. Jackson Street, Suite 3400, Tampa, FL 33602 | LewisBrisbois.com
Representing clients from coast to coast. View our locations nationwide
delete this email and any attachnrertt lrom your computer ancl uny ol your electronic devices wheie lhe rrlessap,e is st*red.
1
16.A.13.a
Packet Pg. 686 Attachment: Owner Letter (15047 : BCC v. LSF9 MSTR Participation Trust)
&LEWIS
BRISBOIS
Sophia L. Bernard
401 E. Jackson Street, Suite 3400
Tampa, Florida 33602
Sophia. Bernard@lewisbrisbois.com
Direct: 813.739.1929
LEWS BRISEOIS BISGAARD & SMITH ttP
December 18,2020
VIA EMAIL
lliana Burgos
Code Enforcement
2800 Horseshoe Drive N
Naples, FL 34104
EMAI L: I liana. Burgos@colliercountyfl. gov
4070 29 Ave NE Naples FL 34120
Case Nos.: CESD2017002020080
Dear Ms. Burgos :
This firm has been retained to represent Resicap on behalf of U.S. Bank Trust, N.A., as
Trustee for LSF9Master Participation Trust with respect to the above-referenced property. At this
time, we request that you direct all future communications to my office.
We are requesting a lien reduction for the current lien amount of $171,318.98. The
violations began on June 24,2018 and were abated on October 26,2020. For reasons unknown,
from June 24, 2018 to August 28, 2020, the Owners were unaware of the violations or that the
property was not in compliance. lt is believed that all notices were sent to the tenant who did not
notice the owners.
The owners received notice on August 28, 2020 and quickly began working to bring the
property into compliance. The property came into compliance on October 26, 2020. For your
review, I have attached the Lis Pendens, Final Judgment, Tittle, and Payoff document.
As a result, we are a requesting a partial reduction of the lien to $5,000 plus operational
cost of $118.98
Thank you for your attention to this matter. lf you have any questions or wish to discuss
this matter further, please do not hesitate to contact us.
ARIZONA.CALIFORNIA.COLORADO.CONNECNCUT.FLORIDA.GEORGIA.ILLINOIS.INDIANA.I(ANSAS.KENTUCKY.LOUISIANA
MARYIANO. MASSACHUSETTS. MINNESOTA. MISSOURI . NEVADA. NEWJERSEY. NEWMEXICO. NEWYORK. NORTHCAROLINA. OHIOOREGON. PENNSYLVANIA. RHODEISLAND. TEXAS. UTAH. VIRGINIA. WASHINGTON. WASHINGTOND.C. . WESTVIRGINIA. WLMINGTON4827-9243$180.1
Re:
16.A.13.a
Packet Pg. 687 Attachment: Owner Letter (15047 : BCC v. LSF9 MSTR Participation Trust)
Page 2
SLB
Enclosure:
Certificate of title
Notice of Lis Pendens
Final Judgment of Foreclosure
Pay off Document
Very truly yours,
tst @fia (8",,,,,,/
Sophia L. Bernard for
LEWIS BRISBOIS BISGAARD & SNillTH LLp
4827 -9243-6180.1
16.A.13.a
Packet Pg. 688 Attachment: Owner Letter (15047 : BCC v. LSF9 MSTR Participation Trust)
LSF9 MSTR PARTICIPATI ON TRUST
cf,sD20170020080
4070 29,n Avenue NE Naples, FL 34120
Folio # 40064640000
Alteration work to the interior of the main structure
Order ltems: $200/day fine x 3 3 days (June 24,2018 - July 26,2018) = $6,600.00, plus operational costs
of $59.28, plus operational costs of $59.70
Total Fines: $6,718.98
FOF Order OR 55 l9lPG 3604 recorded on 6/ I l/08
IOF Order OR 55 40lPG 2863 recorded on 8/7/ l8
Violation abated: October 26,2020
Fines accrued after IOF:
Order ltems: $200/day fine x 823 days (July 27,2018 - October 26,2020) = $164,600.00
Total Fines Owed: $171J18.98
Deed recorded on3l23ll6,and case is in compliance as of l0/26120
Fines for Owner: $171.318.98
Offer ofsettlement: $5,118.98 ($5,000 fine + $118.98 costs)
Owner with Hardship
ACCRUED VALUE: $171318.98
PAYMENT OF:$5.118.98 settlement
TOTAL FINES TO BE WAIVf,D: $166.200.00
16.A.13.b
Packet Pg. 689 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
Burgoslliana
From:
Sent:
To:
Cc:
Subiect:
Attachments:
Bernard, Sophia <Sophia.Bernard@lewisbrisbois.com>
Friday, December 18,2020 3:44 PM
Burgoslliana
Riley, Stephanie
4070 29 Ave NE Naples FL34120
PAYOFF - 4070 29 Ave NE Naples FL 34120.pdf; Deed - 4070 29 Ave NE Naples FL
34120.pdf; Lis Pendens- 4070 29 Ave NE Naples FL 34120.pdf; Final Judgment - 4070 29
Ave NE Naples FL34120.pdf;4070 29 Ave Naples FL -- Miigation Letter and LOR
4827 -9243-61 B0 v. 1 .pdf
Sophia L. Bernard
Attorney
Sophia.Bernard@lewisbrisbois.com
T: 813.739.1929 F: 813.739.1919
EXTERNAL EMAIL: This email is from an externalsource. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good afternoon lliana,
It was a pleasure speaking with you this afternoon. As discussed, please find a correspondence regarding lien reduction
attached.
Thank you,
ru,La\ffi$
ffifrtsm*t$
401 E. Jackson Street, Suite 3400, Tampa, FL 33602 | LewisBrisbois.com
Representing clients frorn coast to coast. View our locations nationwide.
delete this ernai! and any allachnrerlt from your computer ancl any of yor.rr elertronic rievices where the messa1;e is stored.
1
16.A.13.b
Packet Pg. 690 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
&LEWIS
BRISBOIS
Sophia L. Bernard
401 E. Jackson Street, Suite 3400
Tampa, Florida 33602
Sophia. Bernard@lewisbrisbois.com
Direct:813 739.1929
LEWS BRISBOIS BISGAARD & SMITH LLP
December 18,2020
VIA EMAIL
Iliana Burgos
Code Enforcement
2800 Horseshoe Drive N
Naples, FL 34104
EMAI L: I liana. Burgos@colliercountyfl. gov
4070 29 Ave NE Naples FL 34',20
Case Nos.: CESD2017002020080
Dear Ms. Burgos
This firm has been retained to represent Resicap on behalf of U.S. Bank Trust, N.A., as
Trustee for LSF9Master Participation Trust with respect to the above-referenced property. At this
time, we request that you direct all future communications to my office.
We are requesting a lien reduction for the current lien amount of $171,318.98. The
violations began on June 24,2018 and were abated on October 26,2020. For reasons unknown,
from June 24, 2018 to August 28, 2020, the Owners were unaware of the violations or that the
property was not in compliance. lt is believed that all notices were sent to the tenant who did not
notice the owners.
The owners received notice on August 28, 2020 and quickly began working to bring the
property into compliance. The property came into compliance on October 26, 2020. For your
review, I have attached the Lis Pendens, Final Judgment, Tittle, and Payoff document.
As a result, we are a requesting a partial reduction of the lien to $5,000 plus operational
cost of $118.98
Thank you for your attention to this matter. lf you have any questions or wish to discuss
this matter further, please do not hesitate to contact us.
ARIZONA.CALIFORNIA.COLORADO'CONNECTICUT'FLORIDA'GEORGIA'ILLINOIS'INDIANA'KANSAS'KENTUCKY'LOUISIANA
IVIARYLAND . MASSACHUSETTS ' MINNESOTA ' MISSOURI ' NEVADA ' NEW JERSEY ' NEW MEXICO ' NEW YORK ' NORTH CAROLINA ' OHIO
OREGON . PENNSYLVANIA . RHODE ISLAND ' TEXAS ' UTAH ' VIRGINIA ' WASHINGTON ' WASHINGTON D.C, ' WEST VIRGINIA ' WLMINGTON
4827-9243-6180.1
Re
16.A.13.b
Packet Pg. 691 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
Page 2
SLB
Enclosure:
Certificate of title
Notice of Lis Pendens
Final Judgment of Foreclosure
Pay off Document
Very truly yours,
H @Eiltn @"nronr/
Sophia L. Bernard for
LEWIS BRISBOIS BISGAARD & SMITH LLP
4821-9243-6180.1
16.A.13.b
Packet Pg. 692 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number3
Transaction Numberi
Date Paid:
Amount Due:
Payment Details:
Amount Paid3
Change / Overage:
Contacti
FEE DETAILS:
Fee Descriotion
Operationa I Costs (CEB)
Operational Costs (CEB)
Code Enforcement Board
Cashier Name:
Batch Number:
Entered By:
2021806966
202r-oo4899
0L/20/2027
$6,718.98
Pavment Method
Check
Reference Number
Amount Paid
$s,118.98
Check Number
1003351537
$5,118.98
$0.00
LSF9 MSTR PARTICIPATION TRUST o/o CALIBER HOIYE LOANS
76745 W BERNARDO DR #3OO
SAN DIEGO , CA 92727
cESD20170020080
cEsD20170020080
cESD20170020080
111- 138911-354400
111- 138911-354400
111- 138911-354400
Oriqinal
Fee
$ s9.70
$ s9.28
$ 6,60 0.0 0
Amount
Eeirl
$59.70
$ s9.28
$ s,000.00
GL Account
AlinaHarris
9777
DannyBlanco
16.A.13.b
Packet Pg. 693 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
\
BB0lslr,l, CHAS E & T&SITF{A S, A,ddress:
SROf/l{i Ct'l&D E & TAtsITH* S, *ddr*ss :
LSF9 I,ISTR PAP,T:{ !P&T:S,$ TRUSI, Addr
Histpric 0r!ner
Hrstorif O.'o'ner
Historrc Orlner
Addresr{es)
Parcel ltlo,f*ooree+nouo
,n rE$ {j€".:i .l'r thts ii--ilii-:V {:)Felt &letl-<; (}
Fees
s.dd a n**; Bers-nn *r businesj t,: *'Jdr*ss Bool:
T
RefreshShnl*r [ile All related fe*s {Frxlpeuty}
Description Paid check no.
ra.
Amount *wing,r Amo*nt Foid _ $j!s6,ao'i.oal Ss,73z"a8
1003351537 in good faith pending BCC approval to waive fines and release lien -
Quanlity :""06
Fee Fayable?
Entersd Ov fuc*cv: Sanny tslance
Fee Faid?
Date Due
Dafe Entered 0#01/?[18
Payrnents
Re{ererce Nr.rn&er Fee Tlpe l*nrcsnt in:c,ur,i Paid Date P*ld
t i,a!.
. .i ?-:40,
$ 100.0s :.. .,.. .,,]
$ 65:oq.
$ s0.06 ,
{ efl:00 l
$ -o:!9,
$ ?:10..
5 ?.00 ;
$ 58.!* 01/:0J?0!1
DBFR $urchargr
C E5D::l r?(r*q0t]&0
F Rl-{ !,r !,1 l" 6tS I 0,teB
PB$D2{?8r18395*5
Fee $ s0.00
I Fee - Residential - Re
6CAIFRHti:l] 1Sd5:'14S8
c Es.0?*17r10?n0*n
6l'.00
PRSO?']:*n*395.15
PRBg:!:':Sq39545
1il,r0*l:']:0
PE HV:n16i153n488
PRI-iv:0 r605?ir.188
$ 5?:!s:
$ 6,580.,10 ,
$ 164,590.0n
osjr{ll:!15,
0&.r0 7ir2* 16
0$i0li?r115,
116 rfr7. li1 I (
0:.r1sl:s17 :
Structural - Application Fee
Inspectron Fee
Structural - Revrew Fee
$ 5.S0S.00 i
5
'1.00
,. a.
S s0.00 i 0610?i3Sl.5
$ 100.00 l
$ 55.00 , 1?r'05/2017 ;
qqnnn
$ 90.s0
F 0:CI0
.5 1:1_o-
5 ?"00
0s/?gJtrl:0 ,
18/08/!0?0:,
:
. . $. !o:!-!.
: Code Enfarcementsoard
I"lechanical Fee - Res'dentrai --itln,:,rr.na r'.,1r,,:t-ar -
vlfw ;
?p9.9!itnqt !11!, {!q?l
Cade Enfarcament Ecrard
1!/08,:?CI3_0
i
Pord By / Tc,PARTTCIPATIOI\I TRIJST .qt CALIAER HOME Address:16745 tJU BERFIARDO DR *300
trruper*y l$f{}rffiation
^
k>catisn Ge*cnstion
4S?$ p$th &\dE'tifg, Sui*dins, h{nple,s
$
'R*inspection Fe* ior Burlding
An"n"rmt Fxid Accotnt I Farrment hltdrod I C*ecL *fiec*lal f Dete Ford
$ 5*.?{Ittx-1is*1r-3s+*s lChrrtx ,' i 1*s3,55i53?
16.A.13.b
Packet Pg. 694 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
Collier County Property Appraiser
Propdrty Sumniarf
Parcel No 40064640000
Name / Address LsFg MsrR pARTrcrpATroN TRUsr
%HUDSON HOMES MGMT LLC
3701 REGENT BLVD #2OO
City IRVING
AVE Site City NAPTES Site Zone*Note
res *Estimated
1.14
20
State TX Zip 75063
Strap No.Townshi p
346300 4s 03D21
Legal GOLDEN GATE EST UNIT 67 E75FT OF W 15OFT OF TR 45
Millaoe Area s 138
Sub./Condo 346300 - GOLDEN GATE EST UNIT 67
gEe_qedeq 1 - S|NGLE FAMILY REst DENTIAL
No.
3D21
Millage R_ates S "CalculationsSchool Other Total
5.016 8.5424 13.5s84
(Not all
2OZA Certified Tax Roll
(Subject to Change)
Date Land Value
(+) lmproved Value
1=y Market Value
1=; Assessed Value
1=; School Taxable Value
1=1 Taxable Value
lf all Values shown above equal 0
$ 21,375
$ 197,907
s 219,282
$ 219,282
$ 219,282
$ 219,282
this parcel was created after the Final Tax Roll
03123116
12l2elos
08123/O4_
1OlO3lO3
11/02198
3.95.6:?698
.3630-1595
3412-228A
$ 100
$ 88,200
$ 176,800
$ 33,000
$ 2,000
06/01t77
?476-898
691-1796 $o
Section Range
2821
Latest Sales
16.A.13.b
Packet Pg. 695 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
tNst-R 5z4lbzu or{ 5z)J pG zs>4 l(tcoKutr., i/25/zuJrb y:zb AM pAGEs I
)WIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA)oce.70 $0.70:oNs $100.00
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COTJNTY, FLORIDA
U.S, BANK TRUST, N.A,, AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST,
Plaintiff,
fi
vs.
CASE NO.: 2014-CA-002632
CHAD E BROWN; UNKNOWN SPOUSE OF CHAD E. BROWN; TABITHA S.
BROWN NKIA TABITHA S.OF TABITHA
ONE BANK;S, BROWN AIKIA TABITHA
UNKNOWN TENANT #I;TENANT(S)
IN POSSESSION #l and #2, and
if a named Defendant is
including,
surviving
spouse, heirs, devisees,ing, by,
through, under or against or parties,
natural or corporate, or whose
the above named or described
any of
The undersigned clerk of the she executed and filed a certificate of
sale in this action on March 10. 2016, for the property described herein and that no objections to the
sale have been filed within the time allowed for filing objections.
The following propsrty in Collier County, Florida;
THE EAST 75 FEET OF THE WEST I5O FEET OF TRACT 45, GOLDEN GATE
ESTATES, UNIT 67, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
was sold to: U.S. BANK TRUST. N.A.. AS TRUSTEE- FOR LSF9 MASTER
PARTTCIPATION TRUST. 16745 WEST BERNARDO_DRrVE. SAN DIEGO. CA 92127.
.. r I l | | | rl I r r,,
wITNESS'tiiy tranA urO:ike,ggatof the court on@,2016.
W
This Document Prepared By:
POPKIN & ROSALER, P.A.
l70l W. Hillsboro Btvd, #400
Deerfield Beach, Fl, 33442By:
#2i,
UNKNOWN
1541686
Deputy Clerk
16.A.13.b
Packet Pg. 696 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
SERYICELIST bttl,swvrce slailrrr or vs rruil 8lrslfte k-rft'
Brian L. Rosaler, Esquire
POPKIN & ROSALER, P.A.
Attomey for Plaintiff
l70l West Hillsboro Boulevard
Suite 400
Deerfield Beach, FL 33442
brosaler@popki nrosaler. com
Chad E. Brown
4070 29th Avenue NE
Naples, FL 34120
Tabitha S. Brown a/k/a Tabitha S. Hustead
447029th Avenue NE
Naples, FL 34120
Capital One Bank
111I East Main Street
fuchmond, YA 23219
(Our_File_t
16.A.13.b
Packet Pg. 697 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
C0l,LI[R COtiNTY, FLQRIl]rt
CODE ENFORCf, !}If NT BOARD
CtrB CASE NO. CHSD2OITOO2OO8O
C]OLI-IER COUNTY
I]OARD OF COUNTY COMMISSIONERS, Peririoncr
vs.
LSF9 MSTR PARTICTPATION TRUST, Defendant(s)
A*.EI{L\ y.r r 0r c_oruP LrA N c r
STATE OF FLORIDA
COUNTY OI.'COLLIHR
BHFORE ME, the undersigned &uthority, per$onally app$ared Mich*sl Odom, Cods Enforcemcnt Olflcial fur thc
Code Enforcement Board of Collier County, rvho after being fully swom. deposes and says:
l. That on May 24, ?018, the Code Enforcement Board held a hcaring and issuecl an Ortler in the above-stylctl
mottcr oild $tatcd that Defcndant(s) was to abate all violations as statccl in the Order recorded in the public
records of Collier Counry, Florida in OR Book 5519 pC i604, er. scq.
2. That the rcspondent did contacr the investigator.
3. That a re-inspection was performed on October 26,2A20.
4. That the re-inspection(s) revealed that the correctivc action ordered by the Code Hlforcemcnt Boarcl was in
compliance by Ccrtificate of Cr:rnpletion issued for pennit PRBD20200939545.
FURTHER AFFIANT SAYETH NOT.
DATED this 26th day of Octobcr, ?020
COLLIER COUNTY, FLORIDA
CODE BOARD
Codc Enfbrcemenr O{'ficial
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn
this
to {or afflrmed) and subscribcd before mc by means oi{-physical prcsence or * online notarization.
Ae ,Jay sf k*OhLX* :OiO Uy Miclaclodonr
of Notary Public)
(Print/TypelStamp Commissioncd Name of Notary Public)
Personally known v
-$' ..' .. ''ri " sl
LW*:
l'iEL[il $JtHiLLr'.;rr
COnr:rrrgiart :t 6G'1 i'l$ii?
Er; 'es !''lry 1i ?ti? 1
[raj;ir ] ir r ]ea;{1 lifln:r jrr' jii ni
16.A.13.b
Packet Pg. 698 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
INSTR 5596323 oR 5540 PG 2863 RECoRDED 8/7/20!8 8:41 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORTDA
REc $27.00
cgLLrER COIJNTY COpE ENFORCEMENT
COI'E ENFORCEMENT BOARI)
Case No. - CESD20170020080
BOARI} OF COT.INTY COMMISSIONERS
COLLIER COTJNTY, TLORIDA.
Petitioner,
vs.
LSF9 MSTR PARTICIPATION TRUST,
Respondents.
THIS CAUSE came before Motion for Imposition
respective to all appropriateFines/Liens on July 26,2018, and
matters, hereupon issues its as follows:
1. On May24,2018,Land Development Code 04-
41, as amended, Sections .06(BXlXeXi) due to alteration
on the property located at 4070work to the interior of
29TH AVE NE, NAPLES,Description: GOLDEN GATE EST
UNIT 67 E 75FT OF W 1
2. An Order was entered by the Code the Respondent to abate the violation on
or before June 23, 2018, or a fine of$200.00 per would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy ofthe Order is recorded at OR 55 19, PG 3604).
3. Operational costs of$59.70 incuned by the County in the prosecution ofthis case were ordered to be paid.
4. 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.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 200744, as amended, has been timely filed.
6. The violation has not been abated as of the date ofthe hearing.
qRDf,R
Based upon the foregoing Findings ofFact, and pursuant t9 th9 aulholtf granted in Chapter I 62, Florida
Statr.rtes, and Coliier County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of FineVLiens is GRANTED'
B. Daily fines of $200.00 per day are assessed against the Respondcll for 33 days for the period from June 24,
201li through July 26,2018 for a total amount of fines of $6'600'00
Board upon
structure, which
lXa), I
Folio No.
I
16.A.13.b
Packet Pg. 699 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
oR 5540 PG 2864
C. Respondent shall pay operational costs for the lmposition of Fines hearing in the amount of $59.28
D. Respondent shall pay previously accessed operational costs in the amount of $59.70
B. Respondent is ordered to pay fines and costs in the total amount of $6,?18,98 or be subject to Notice of
Assessment of Lien against all properties owned by Respondeot in Collier County, Florida.
F. The daily fines of $200.00 shall continue to accrue until abatement has becn confirmed by a Collier County
Code Enforcement Investigator.
DONE AND ORDERED tfris 3d day of August 2018 at Collier Count5r, Florida.
CODE ENFORCEMENT BOARD
COLLIER COTINTY, FLORIDA
STATB OF FLORIDA )
COI.]NTY OF COLLIER)
The foregoing instrument was
2018, by Robert Kaufrnan, Chair , Florida, who is
_X_ personally known to me as identification.
HELEI.I BUCHIILON
Commlsslon f GG
Explo! lray t5' 2021
ldOd f irc ildfil l$Llt Sdrb.r
expires:_
PAYMENT OI'I'INFS: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County
Code Enforcement Department,2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252'2440, Website:
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 party rnay appeal a final order of the Board to the Circuit Court within thirfy (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be timited to appellate
reviewoftherecordcreatedwithintheoriginalhearing. Itistheresponsibilityoftheappealingpartytoobtaina
tanscribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's
Order.
,rffi
CERTITICATE OF SERVICE
.,,.-:. ,
I HEREBY CERtiFY.that a true and corect copy of this ORDER hasle-ep sent by U. S. Mail to LSF9 MSTR
participation Trust at t 6-7+S West Bemardo Dr., San Diego, CA 92127 this 34day of August 201 8.
Official
16.A.13.b
Packet Pg. 700 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
*** oR 5540 PG 2865 ***
Stare ol Fionoa
County of COLLIER
I HEREBY
16.A.13.b
Packet Pg. 701 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
INSTR 5568899 oR 551-9 Pc 3604 RECoRDED 6/LL/2OLB 1O:50 AM pAGEs 2
DWTGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORIDA
REc $1_8. 50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CESD20170020080
BOARD OF COI'NTY COMMISSIONERS
COLLIER CO['NTY, FLORIDA,
Petitioner,
vs.
LSF9 MSTR PARTICIPATION TRUST,
Respondent.
ORDER OF TIIE CODE ENFORqEMENT BOARD
THIS CAUSE came on for public Enforcement Board on May 24,2018, and the
Code Enforcement Board, having heard
appropriate matters, hereupon issues its
and heard argument respective to all
Enforcement Board, as follows:
l. Respondent, LSF9 subject property.
and the Code Enforcement2. Respondent was notified
Board has jurisdiction of
3. Respondent, having been
4. The real property located at 40064640000 (Legal Description :
GOLDEN GATE EST UNTT is in violation of Collier County Land
Development Code 0441,Xa), 10.02.06(8)(l[e), and
10.02.06(BXl)(eXi) in the following
Alteration work to the interior of the main structure
5. The violation has not been abated as of the date of the hearing.
ORDER
Based upon the foregoing Findings ofFact and Conclusions ofLaw, and pursuant to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as arnended, it is hereby ORDERED:
A. Respondent is found guilty of violating Collier County Land Development Code 0441, as amended, Sections
I 0.02.06(BX I )(a), I 0.02.06(BX t )(e), and I 0.02.06@X I XeXi).
B. Respondent must abate the violation by obtaining all required Collier County Building Permit(s) for all
unpirmitted interior work or Demolition Permit to restore the structure to its original condition, inspections,
and Certificate of Completior/Occupancy on or before June 23, 2018 or a fine of $200.00 per day will be
imposed for each day the violation remains thereafter.
C. If Respondent(s) fails to comply with this Order, Collier County may abate the violation using any method(s)
to bring the violation(s) ioto compliance and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions ofthis order and all costs ofabatement shall be assessed to the property owner.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $59.70 on or
before June 23' 201E.
AVE NE, FL,34I
did not appear
w
16.A.13.b
Packet Pg. 702 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
*f* 0R 5519 PG 3605 ***
STATEOFFLORIDA )
)ss
couNTYoF COLLIER)
The foregoing instrument was acknowledged
2018, by Robert Kaufrnan, Chair ofthe Code
X personally known to me or
-uanry ultlco
PAYMENTOFFINES: ANY
Enforcement Department, 2800
www.colliergov.net. Any release
obligations of this Order maY also
APPEAL: Any aggrieved PartY may
the execution of the Order appealed. An
review ofthe record created within the
transcribed record of the hearing from the Clerk
Order.
State of Florida
County of COLLIER
I HEREBY is a true and
c0nect
E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the
investigator to perform a site inspection to confirm compliance.
DONE AltD ORDER-EO tfris [d aay of June 2018 at Collier County, Florida.
.6t
before me this I
Enforcement Board
Drive
Naples,34104
day of_June-
of Collier County, Florid4 who is
Driver's License as identification.
paid at the Collier County Code
(239) 252-2440, Website:
of the satisfaction of the
Court within thirry (30) days of
but shall be limited to appellate
ofthe appealing party to obtain a
Appeal will not automatically stay the Board's
CERTIFICATE Otr' SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has sent by U. S. Mail to LSF9 MSTR
Participation Trust at 16745 West Bemardo Dr' San Diego, CA 92127 this June 2018.
.r!ris
or confirmation
at this location.
order ofthe
bea
DWIGHT
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Packet Pg. 703 Attachment: Backup Documents L (15047 : BCC v. LSF9 MSTR Participation Trust)
INSTR 5596323 oR 5540 PG 2863 RECoRDED 8/7/2OLB 8:41 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLTER COUNTY FLORTDA
REC $27.00
vs.
COLLIER COUNTY CODE ENFORCEMENT
CODf, ENFORCEMENT BOARI)
Case No. - CESD20170020080
BOARD OF COTJNTY COMMISSIONERS
COLLIER COI'NTY, FLORIDA.
Petitioner,
LSF9 MSTR PARTICTPATION TRUST,
Respondents.
THIS CAUSE came before Motion for Imposition
respective to all appropriateFines/Liens on July 26, 2018, and
matters, hereupon issues its as follows:
1. On }'{,ay24,2018,l,and Development Code 04-
41, as amended, Sections XeXi) due to alteration
work to the irterior of on the property located at 4070
29TH AVE NE, NAPLES,Description: GOLDEN GATE EST
UMT 67 E 75F'T OF W I
2. An Order was entered by the Code the Rcspondent to abate the violation on
or before June 23, 2018, or a fine of$200.00 per would be assessed for each day the violations
continuethereafteruntilabatementisconfirmed. (AcopyoftheOrderisrecordedatOR55l9,PG3604).
3. Operational costs of$59.70 incuned by the County in the prosecution ofthis case were ordered to be paid.
4. 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.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 200744, as amended, has been timely filed.
6. The violation has not been abated as of the date ofthe hearing.
ORDER
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. Daily fines of$200.00 per day are assessed against the Respondent for 33 days for the period from June 24,
201 8 through ltly 26,201 8 for a total amount of fines of $6,600.00
Board upon
structure, which
1)(a), I
Folio No.
16.A.13.c
Packet Pg. 704 Attachment: Lien Order (15047 : BCC v. LSF9 MSTR Participation Trust)
oR 5540 PG 2864
C. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $59.28
D. Respondent shall pay previously accessed operational costs in the amount of $59.70
E. Respondent is ordered to pay fines and costs in the total amount of $6,718,98 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
F. The daily fines of $200.00 shall continue to accrue until abaternent has been confirmed by a Collier County
Code Enforcement Investigator.
DONE AllD ORDERED *is 3d Oay of August 2018 at Collier Coungr, Florida.
CODE ENFORCEME].I]] BOARD
COLLIER COLNTY, FLORIDA
STATE OF FLORIDA )
COI,JNTY OF COLLIER)
The foregoing instrument was
2018, by Robert Kaufrnan, Chair Florida, who is
_X_ personally known to me as identification.
HEIEN BUCHILLOil
Comdsslon ilGG'10{629
Explo! Uay t5,2021
!q{ld f its hd!.t thtlY Sfrrh.r
expires:_
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County
Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-244A, Website:
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 party may appeal a final order of the Board to the Circuit Court within 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
reviewoftherecordcreatedwithintheoriginalhearing. Itistheresponsibilityoftheappealingpadytoobtaina
transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's
Order.
CERTIFTCATE OF SERVICE
'ffi
I HEREBY CERTSY.that a true and con€ct copy of this ORDER has be-e.n sent by U. S. Mail to LSFS MSTR
Participation Trust at t6i+S West Bernardo Dr., San Diego, CA 92127 thisZgday of iugust 2018.
Official
-i
16.A.13.c
Packet Pg. 705 Attachment: Lien Order (15047 : BCC v. LSF9 MSTR Participation Trust)
*** oR 5540 PG 2865 ***
Stare ot Fionoa
Counly of COLLIER
I HEREBY
\I
l
16.A.13.c
Packet Pg. 706 Attachment: Lien Order (15047 : BCC v. LSF9 MSTR Participation Trust)
This lnstrument Prepared By:
Jeffrey A. Klatzkow, Esquire
Collier County Attorney's Office
3299 E. TamiamiTrail-Suite 800
Naples, FL 34112
(239) 252-8400
RELEASE AND SA FACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMTSSTONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by.
LSFg MSTR PARTICIPATION TRUST,
Respondents
The lien was recorded on August 7,2018, in Official Records Book 5540, Page 2863, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand seven hundred eighteen dollars and ninety-eight cents ($6,ZtB.gB), plus accrued
interest and penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners
as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in
the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST
CRYSTAL K. KINZEL, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairperson
Date:
ByBy
Date
Deputy Clerk
legalityApp
Cou
[ 2 1-CE D-0012s/1 60 4229 / tl
16.A.13.d
Packet Pg. 707 Attachment: Release of Lien (15047 : BCC v. LSF9 MSTR Participation Trust)