Agenda 02/25/2014 Item #16A142/25/2014 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the accrued amount of $13,138.48 for payment of
$1,588.48, in the Code Enforcement Action entitled Board of County Commissioners v. Robert J.
and Frances Smith, Special Magistrate Case No. CEPM20130003331, relating to property located
at 709 Meyer Drive, 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 $13,138.48 for payment of $1,588.48, in relation to Code
Enforcement Special Magistrate Case No. CEPM20130003331.
CONSIDERATIONS: As a result of code violations at 709 Meyer Drive, the Code Enforcement Special
Magistrate ordered the imposition of a lien against Robert J. and Frances Smith, in Case No.
CEPM20130003331. This lien was recorded in the Official Public Records on August 14, 2013, at O.R.
Book 4955, Page 498, and it encumbers all property owned by Robert J. and Frances Smith. The lien
amount of $13,138.48 is based on accrued fines of $12,000 (48 days at $250 per day), plus $1,138.48 in
costs ($112.38 in operational costs and $1,026.10 in abatement costs). The violation at issue is for an
unmaintained pool. Robert J. and Frances Smith owned the property throughout the period of non-
compliance. Following a foreclosure, a certificate of title was recorded on August 6, 2013 in favor of
Federal National Mortgage Association. The property was brought into compliance by same on June 27,
2013 (prior to taking title).
Under 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, fines accrued prior to transfer of title, and
compliance has been achieved. In this case, the violation was abated prior to the new owner taking title.
The property is in compliance, is being actively maintained, and an amount of $1,588.48 has been paid by
the bank. This amount represents $450.00 in fines, $112.38 in operational costs and $1,026.10 in
abatement costs. The property owner is requesting a waiver of $11,550.00 in accrued fines.
FISCAL IMPACT: Payment of $1,588.48 has been paid, representing the County's hard costs of
$450.00 in fines, $112.38 in operational costs and $1,026.10 in abatement costs. If approved by the
Board, accrued fines in the amount of $11,550.00 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 $11,550.00, accept payment
of $1,588.48 and release the lien, and also authorize the Chairman to sign the attached lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department
Attachment: Release and satisfaction of lien
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2/25/2014 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve a release of lien in the accrued amount of
$13,138.48 for payment of $1,588.48, in the Code Enforcement Action entitled Board of County
Commissioners v. Robert J. and Frances Smith, Special Magistrate Case No. CEPM20130003331,
relating to property located at 709 Meyer Drive, Collier County, Florida.
Meeting Date: 2/25/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/24/2014 2:05:05 PM
Approved By
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 1/24/2014 3:06:27 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/30/2014 10:20:35 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 1/30/2014 2:39:20 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/30/2014 4:05:08 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:07:34 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
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Date: 2/12/2014 4:45:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 10:12:53 AM
Name: DurhamTim
2/25/2014 16.A.14.
Title: Executive Manager of Corp Business Ops,
Date: 2/17/2014 11:04:04 AM
Packet Page -402-
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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Robert J. and Frances Smith
Respondents
2/25/2014 16.A.14.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 498, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Thirteen Thousand One Hundred Thirty -Eight Dollars and Forty -Eight Cents
($13,138.48), 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:
Commissioner Tom Henning
Chairman
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