Agenda 01/27/2015 Item #16A 6 1/27/2015 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$10,923.83 for payment of $1,073.83, in the code enforcement action entitled Board of County
Commissioners v. Avin Noel and Maria Chavanes, Code Enforcement Board Case No. 2004-038,
relating to property located at 4818 Devon Circle,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$10,923.83, for payment of$1,073.83, in relation
to Code Enforcement Board Case No. 2004-038.
CONSIDERATIONS: As a result of a code violation at 4818 Devon Circle, consisting of
assembly of an unpermitted fence, the Code Enforcement Board ordered the imposition of a lien
against Avin Noel and Maria Chavanes in Code Enforcement Board Case No. 2004-038. The
lien was recorded in the Official Public Records on February 8, 2005, at O.R. Book 3730, Page
2033 and it encumbers all real and personal property owned by Avin Noel and Maria Chavanes.
The accrued lien amount of $10,923.83 is based on 206 days of accrued fines (September 6,
2004 through March 30, 2005) at $50 per day, plus $623.83 in operational costs. The property
was brought into compliance on March 30, 2005.
Avin Noel and Maria Chavanes owned this property throughout this period. A general warranty
deed was recorded on June 17, 2014 in favor of Electrical and Control Power Engineering
Incorporated.
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. The property is being actively maintained and the owner has paid $1,073.83.
Electrical and Control Power Engineering Incorporated is requesting a waiver of $9,850 in
accrued fines.
FISCAL IMPACT: Payment of the $1,073.83 fine has been made representing $450 in fines
and $623.83 in operational costs. If approved by the Board, accrued fines in the amount of
$9,850 would be waived.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
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: That the Board of County Commissioners waive the fines in the
amount of $9,850, accept payment amount of $1,073.83, release the lien, and authorize the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
[14-CED-00979/1 1 4 1 3 55/1]
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1/27/2015 16.A.6.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
[14-CED-00979/1141355/1]
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1/27/2015 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$10,923.83 for payment of$1,073.83, in the code enforcement action
entitled Board of County Commissioners v. Avin Noel and Maria Chavanes, Code Enforcement
Board Case No. 2004-038, relating to property located at 4818 Devon Circle, Collier County,
Florida.
Meeting Date: 1/27/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/17/2014 10:42:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/6/2015 1:01:42 PM
Name: WrightJeff
Title:Director-Code Enforcement, Code Enforcement
Date: 1/7/2015 1:17:59 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 1/7/2015 1:50:38 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/14/2015 10:00:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2015 1:55:10 PM
Name: IsacksonMark
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1/27/2015 16.A.6.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/15/2015 9:06:08 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 8:52:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 10:02:18 AM
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1/27/2015 16.A.6.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN,
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Avin Noel and Maria Chavanes
Respondents
The lien was recorded on February 8, 2005, in Official Records Book 3730, Page 2033, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of seven
thousand seven hundred seventy-three dollars and eighty-three cents ($7,773.83), 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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1/27/2015 16.A.6.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA •
BOARD OF COUNTY COMMISSIONERS, is = 1; PO
COLLIER COUNTY,FLORIDA, a a g Os
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Petitioner, CEB NO.2004-038 a a
vs. r...a 1
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w�eg
AVIN NOEL AND MARIA CHAVANES,
Respondents, 3
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ORDER ON IMPOSITION OF FINE/LIEN M
0
THIS CAUSE came on for public hearing before the Board on August 26,2004,after due notice to `0 WI
426 Ca)
Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
/ A,
and Conclusions of Law and thereupon issue. ... tir A.4:?a •.i` ti d to writing on August 30,2004 and = c ON
furnished to Respondents and was recur. �• i R N
pond cia Public Records of Co i� • ,ty,Florida at OR 3637,PG 3727 , p,
et.seq.on September 8,2004.
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An Affidavit of Non Comp ianc: f I I 1:o.' ., . T od Enforcement Official on _ e ty+s
January 11,2004,which Affidavit c tt4`Ei . •.. r-'.uire• o trvv to lion has not been taken as ` ,
ni, iii ordered. ✓' n
Accordingly,it having been . .N tat, Board's attention indents have not complied with the ewers
Order dated August 30,2004,it is hereby 714TE CIII'C
ORDERED,that the Respondents,Avin Noel and Maria Chavanes,pay to Collier County fines in the i"R
2
amount of$7,150 for the period of September 6,2004 through January 27,2005 at a rate of$50 per day,plus
$623.83 for the operational costs incurred in the prosecution of this case for a total of$7,773.83.
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IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents °
come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
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 nova,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
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r 1/27/2015 16.A.6.
. - • *** OR: 3730 PG: 2034 xxx
against the property described in Exhibit"A"and/or any other real or personal property owned by Respondents.
�- .
1�d
DONE AND ORDERED this(9' day of fe7)(140.1,2005 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY: e-CG� "l�C
Cliff Flega Chair
2800 No Hors hoe Drive
Naples,Florida 34104 '
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) L
The foregoing instrument was acknowledged before me this . day of bmit+ 2005,by Cliff
Flegal,Chair of the Code Enforcement Board of Collier County,Flo da, . 'o is personally known to me
or who has produced a Florida Driver's '_ °•: 4,1 loin• + _'• 1-
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I HEREBY CERTIFY •.t a ' I .s,. •y_. A? s O'.:' :s • sent by U.S.Mail to Avin
Noel and Maria Chavanes,4818 ••u;6ii ircie,Naples,Florida 12 tizis • day of R/i'i-1 o '! ,2005.
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