Agenda 01/14/2014 Item # 16A 6 1/14/2014 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of $62,781.15 for payment of
$15,681.15, in the Code Enforcement Action entitled Board of County Commissioners v. J&C
Francois Family Ltd. Partnership, Code Enforcement Case No. CESD20110003690, relating to
property located at 5349 Golden Gate Parkway,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 $62,781.15 for payment of $15,681.15, in
relation to Code Enforcement Board Case No. CESD20110003690.
CONSIDERATIONS: As a result of a code violation at 5349 Golden Gate Parkway, the Code
Enforcement Board ordered the imposition of a lien against J & C Francois Family Ltd.
Partnership, in Case No. CESD20110003690. The lien was recorded in the Official Public
Records on September 12, 2011, at O.R. Book 4717, Page 3173, and encumbers all real property
owned by J & C Francois Family Ltd. Partnership. The accrued lien amount of$62,781.15 is
based on fines for the non-compliance period from July 26, 2011 through April 12, 2013 (627
days at $100 per day), plus $81.15 in operational costs. The violation pertains to a failure to
submit an annual monitoring report as required for the property. As the result of foreclosure, a
Certificate of Title was recorded on October 8, 2012 (to Wells Fargo Bank). On October 23,
2012, Federal National Mortgage Association, the current owner, acquired the property by deed,
and on April 12, 2013, brought the property into compliance.
Pursuant to the Board of County Commissioner's Resolution 2012-46, fines that accrued prior to
transfer of title, and thirty days following transfer of title, would be considered for waiver when
the underlying violation resulting in a fine and or lien has been abated and corrected. The
property is in compliance, is being actively maintained, and an amount of$15,681.15 has been
paid by the current owner. This amount consists of$81.15 in operational costs and fines in the
amount of $15,600.00 (156 days at $100 per day) from November 8, 2012 through April 12,
2013. The current owner is requesting a waiver of$47,100.00 in accrued fines.
FISCAL IMPACT: Payment of $15,681.15 has been made, representing the County's hard
costs ($81.15), plus 156 days of accrued fines. If approved by the Board, accrued fines in the
amount of$47,100.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. This item conforms to the Board's policy contained in
Resolution 2012-46. CMG
RECOMMENDATION: That the Board waive fines in the amount of $47,100.00, accept
payment of $15,681.15 and release the lien, and authorize the Chair to sign the attached lien
release.
Prepared by: Jeff E. Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: (1) Release and satisfaction of lien
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1/14/2014 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve a release of lien in the amount of
$62,781.15 for payment of$15,681.15, in the Code Enforcement Action entitled Board of
County Commissioners v.J&C Francois Family Ltd. Partnership, Code Enforcement Case No.
CESD20110003690, relating to property located at 5349 Golden Gate Parkway, Collier County,
Florida.
Meeting Date: 1/14/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
12/10/2013 8:52:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 12/10/2013 9:52:57 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 12/12/2013 9:24:01 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 12/13/2013 11:38:19 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/26/2013 1:22:32 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/26/2013 2:40:08 PM
Name: GreenwaldRandy
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1/14/2014 16.A.6.
Title: Management/Budget Analyst,Office of Management&B
Date: 12/26/2013 4:49:47 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 9:07:45 AM
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1/14/2014 16.A.6.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239)252-2487
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:
J & C Francois Family Ltd. Partnership,
Respondent
The lien was recorded on September 12, 2011, in Official Records Book 4717, Page
3173, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of three thousand one hundred eighty-one dollars and 15 Cents, plus
accrued 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 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legality
Ileen M. Greene
Assistant County Attorney
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