Agenda 01/09/2018 Item #16A 701/09/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of code enforcement liens with an accrued value of
$136,280.86 for payment of $41,080.86 in the code enforcement actions entitled Board of County
Commissioners v. David H. Schaare, Jr., Code Enforcement Board Case No. CESD20110006351
relating to property located at 520 2nd St NE, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $136,280.86 for payment of $41,080.86 in relation to Code Enforcement
Board Case No. CESD20110006351.
CONSIDERATIONS: As a result of code violations at 520 2nd St NE, consisting of a barn type structure
and shed built on the property without Collier County Building Permits. The liens were recorded in the
Official Records on July 12, 2012, at O.R. Book 4816, Page 1530. The lien amount of $136,280.86 is
based on 1,362 days of accrued fines ($100 per day from May 27, 2012 through February 17, 2016)
$136,200 plus operational costs in the amount of $80.86. The property was acquired by BAC Home
Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P., via Amended Certificate of Title
recorded on December 4, 2014. The new owner brought the property into compliance on February 17,
2016.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code
enforcement lien encumbers property that is under new ownership and compliance has been achieved
within 30 days. The new owner is actively maintaining the property and $41,080.86 has been paid in
settlement of fines. The owner is requesting a waiver of $95,200 in accrued fines. There are currently no
known violations.
FISCAL IMPACT: Payment of $41,080.86 has been made, representing $41,000 in fines plus $80.86 in
operational costs. If approved by the Board, accrued fines in the amount of $95,200 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. - KN
RECOMMENDATION: To waive the fines in the amount of $95,200 accept payment amount of
$41,080.86, release the lien, 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
ATTACHMENT(S)
1. Lien Order (PDF)
2. Release and Satisfaction - KN signed(5) (PDF)
16.A.7
Packet Pg. 227
01/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 4220
Item Summary: Recommendation to approve the release of code enforcement liens with an
accrued value of $136,280.86 for payment of $41,080.86 in the code enforcement actions entitled Board
of County Commissioners v. David H. Schaare, Jr., Code Enforcement Board Case No.
CESD20110006351 relating to property located at 520 2nd St NE, Collier County, Florida.
Meeting Date: 01/09/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
11/16/2017 7:48 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
11/16/2017 7:48 AM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 11/16/2017 8:33 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/16/2017 8:43 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 11/22/2017 1:54 PM
Growth Management Department James French Deputy Department Head Review Completed 11/27/2017 7:36 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/27/2017 10:30 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/27/2017 4:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2017 10:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 1:38 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:15 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2017 12:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
16.A.7
Packet Pg. 228
16.A.7.a
Packet Pg. 229 Attachment: Lien Order (4220 : Schaare, Jr, Release of Lien)
16.A.7.a
Packet Pg. 230 Attachment: Lien Order (4220 : Schaare, Jr, Release of Lien)
16.A.7.a
Packet Pg. 231 Attachment: Lien Order (4220 : Schaare, Jr, Release of Lien)
16.A.7.a
Packet Pg. 232 Attachment: Lien Order (4220 : Schaare, Jr, Release of Lien)
16.A.7.b
Packet Pg. 233 Attachment: Release and Satisfaction - KN signed(5) (4220 : Schaare, Jr, Release of Lien)