Agenda 02/11/2014 Item #16A2 2/11/2014 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the accrued amount of$166,583.43 for payment of
$39,583.43, in the Code Enforcement Action entitled Board of County Commissioners vs. Senen
Lugo, Code Enforcement Board Case No. CESD20090019403, relating to property located at 4287
12th Ave NE, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$166,583.43 code enforcement lien, for payment of$39,583.43, in relation to Code Enforcement Board
Case No. CESD20090019403.
CONSIDERATIONS: As a result of code violations at 4287 12th Ave. NE,the Code Enforcement Board
ordered the imposition of a lien against the owners Senen Lugo in Code Enforcement Case Number
CESD20090019403. The lien was recorded in the Official Public Records on June 8, 2011, at O.R. Book
4690, Page 254, and it encumbers all real property owned by Senen Lugo. The accrued lien amount of
$166,583.43 is based on operational costs ($83.43), plus accrued fines for the non-compliance period of
666 days at $250 per day ($166,500). The underlying violation was for unpermitted improvements to
property and a fence with an expired building permit. A Certificate of Title was recorded to Federal
National Mortgage Association (Fannie Mae) on June 19, 2012 and the property was brought into
compliance on February 20, 2013 (approximately 247 days after acquisition).
Pursuant to Resolution 2012-46, where a code enforcement lien encumbers property that is under new
ownership, fines that accrued prior to transfer of title and thirty days following transfer of title would be
considered for waiver as long as the new owner has diligently pursued abatement and compliance has
been achieved. The property is in compliance and an amount of$39,583.43 has been paid, representing
approximately 73%of the accrued post-acquisition fines, plus operational costs.
FISCAL IMPACT: Payment of$39,583.43 represents the County's costs ($83.43) and fines ($39,500).
If approved by the Board, accrued fines in the amount of$127,000 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 waive the fines in the amount of$127,000, accept payment of
$39,583.43 and release the lien, and also authorize the Chairman to sign the attached release of lien.
Prepared By: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,
Planning and Regulation
Attachment: Release and Satisfaction of Lien
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2/11/2014 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve a release of lien in the accrued amount of
$166,583.43 for payment of$39,583.43, in the Code Enforcement Action entitled Board of
County Commissioners vs. Senen Lugo, Code Enforcement Board Case No. CESD20090019403,
relating to property located at 4287 12th Ave NE, Collier County, Florida.
Meeting Date: 2/11/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
1/21/2014 8:10:07 AM
Approved By
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/21/2014 11:39:12 AM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 1/22/2014 10:46:05 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 1/22/2014 10:56:38 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/30/2014 3:13:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 1:58:33 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
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2/11/2014 16.A.2.
Date: 1/31/2014 4:48:41 PM ,
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 2/4/2014 6:18:00 AM
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2/11/2014 16.A.2.
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:
Senen Lugo,
Respondents
The lien was recorded June 8, 2011 in Official Records Book 4690 Page 254, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seven thousand eight hundred thirty-three dollars and forty-three cents ($7,833.43), plus
accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County.
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 Commissioner Tom Henning
Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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