Agenda 02/25/2014 Item #16A122/25/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve two releases of lien — (1) in the accrued amount of $40,290.43 for
payment of $3,740.43, in Special Magistrate Case No. CEPM20110011.365; and (2) in the amount of
$1,912.29 for payment of $112.29, in Special Magistrate Case No. CENA20110011385, both actions
entitled Board of County Commissioners v. Urmas A. Kask and Robert Schultz, relating to
property located at 121 Doral Circle, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board), accept an offer to release two
code enforcement liens in the combined accrued amount of $42,202.72, for payment of
$3,852.72, in Special Magistrate Case Numbers CEPM20110011365 and CENA20110011385,
both entitled Board of County Commissioners v. Urmas A. Kask and Robert Schultz.
CONSIDERATIONS: As a result of code violations at 121 Doral Circle, the Code
Enforcement Special Magistrate ordered the imposition of liens against Urmas A. Kask and
Robert Schultz, in Case Numbers CEPM20110011365 and CENA20110011385. Both liens
were recorded in the Official Public Records on April 24, 2012 — the first at O.R. Book 4789,
Page 1090 in the amount of $40,290.43, and the second in O.R. Book 4789, Page 1104 in the
amount of $1,912.29. These liens encumber all property owned by Unnas A. Kask and Robert
Schultz. The first lien amount of $40,290.43 is based on accrued fines (74 days at a combined
$500 per day), plus $3,290.43 in costs ($112.38 in operational costs, and $3,178.05 in abatement
costs). The violations consist of a pool with green stagnant water, pool enclosure screens in state
of disrepair, tall weeds, grass and mold in enclosure area on the property. The second lien
amount of $1,912.29 is based on accrued fines for the non - compliance period of 18 days ($100
per day), plus $112.29 in operational costs. The violation consists of weeds and grass in excess
of 18 inches tall in rear, side, and pool lanai area on the property. Urmas A. Kask and Robert
Schultz owned the property during this time. The property was brought into compliance by the
County on December 27, 2011. A Certificate of Title was recorded in favor of Wells Fargo
Bank, NA on July 9, 2013.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines would be considered when a
code enforcement lien encumbers property that is under new ownership, fines accrued prior to
transfer of title, and compliance has been achieved. In this case, both violations were abated
prior to transfer of title. The property is in compliance and an amount of $3,852.72 has been
paid. This amount represents $450.00 in fines and $3,178.05 in abatement costs for both cases.
Wells Fargo is requesting a waiver of $38,350.00 in accrued fines.
FISCAL IMPACT: Payment of $3,852.72 has been paid, representing all County costs (total of
$3,402.72) plus $450 in fines, in Case Numbers CEPM20110011365 and CENA20110011385.
If approved by the Board, accrued fines in the amount of $38,350.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
Packet Page -390-
2/25/2014 16.A.12.
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 $38,350.00, accept
payment of $3,852.72 and release the liens, and also authorize the Chairman to sign the attached
lien releases.
Prepared by: Jeff Wright, Director, Code Enforcement Department
Attachments: Release and satisfaction of liens (2)
Packet Page -391-
2/25/2014 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve two releases of lien - (1) in the accrued
amount of $40,290.43 for payment of $3,740.43, in Special Magistrate Case No.
CEPM20110011365; and (2) in the amount of $1,912.29 for payment of $112.29, in Special
Magistrate Case No. CENA20110011385, both actions entitled Board of County Commissioners
v. Urmas A. Kask and Robert Schultz, relating to property located at 121 Doral Circle, Collier
County, Florida.
Meeting Date: 2/25/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/24/2014 2:00:42 PM
Approved By
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/24/2014 2:49:15 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/30/2014 10:13:24 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 1/30/2014 2:39:01 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/30/2014 4:04:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:16:02 AM
Packet Page -392-
2/25/2014 16.A.12.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 2/10/2014 11:08:18 AM
Packet Page -393-
2/25/2014 16.A.12.
This Instrument Prepared By:
Jeff E. 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:
Kask A. Urmas and Robert Schultz
Respondent
The lien was recorded on April 24, 2012, in Official Records Book 4789, Page 1090, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Forty Thousand Two Hundred Ninety Dollars and Forty -Three Cents
($40,290.43), 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 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noel[
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Packet Page -394-
2/25/2014 16.A.12.
This Instrument Prepared By:
Jeff E. 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:
Kask A. Urmas and Robert Schultz
Respondent
The lien was recorded on April 24, 2012, in Official Records Book 4789, Page 1104, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of One Thousand Nine Hundred Twelve Dollars and Twenty -Nine Cents
($1,912.29), 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 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Packet Page -395-