Agenda 04/08/2014 Item #16A104/8/2014 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the accrued amount of $190,580.57 for payment of
$3,238.57, in the Code Enforcement action entitled Board of County Commissioners v. Robert D.
Campbell, Jr., et al., Code Enforcement Board Case No. CESD20120006821, relating to property
located at 2331 8th Ave SE, 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 $190,580.57 for payment of $3.238.57, in
relation to Code Enforcement Board Case No. CESD20120006821.
CONSIDERATIONS: As a result of a code violations (conversion of garage to living space
and unpennitted mobile home) at 2331 8rh Ave SE, the Code Enforcement Board ordered the
imposition of a lien against Robert D. Campbell, Jr., et al.. in Case No. CESD20120006821. The
lien was recorded in the Official Public Records on February 6, 2013.. at O.R. Book 4883, Page
2985, and encumbers all real property owned by Robert D. Campbell, Jr., et al. The lien amount
of $190,580.57 is based on accrued fines for the non - compliance period of 381 days ($500 per
day from November 27, 2012 through December 12, 2013), plus $80.57 in operational costs.
Robert D. Campbell, Jr., et al., owned this property through August 2013. Following a
foreclosure, a Certificate of Title was recorded on August 5, 2013 in favor of Bank of New York.
On October 15, 2013, Bank of New York conveyed the property to its present owner,
Weisbecker Holdings, LLC. The violation was brought into compliance on December 12, 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, and the underlying code
violation has been abated. In such cases, fines that have accrued prior to transfer of title, plus
thirty days after transfer of title, may be recommended for waiver. In this case, the violation was
abated approximately 58 days after taking title. The property is in compliance, is being actively
maintained, and an amount of $3,238.57 has been paid by the new owner. This amount
represents $80.57 in operational costs and $3.158.00 in fines. The property owner is requesting a
waiver of $187,342.00 in accrued fines. The new owner has spent over $40,000 to bring this
property into compliance.
FISCAL IMPACT: Pavment of $3,238.57 has been paid, representing the County's hard costs
of $80.57, plus $3,158.00 in fines. If approved by the Board, accrued fines in the amount of
$187.342.00 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
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4/8/2014 16.A.10.
RECOMMENDATION: That the Board waive the fines in the amount of $187,342.00, accept
payment of $3,238.57, and release the lien, and also authorize the Chairman to sign the attached
lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachment: Release and satisfaction of lien
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4/312014 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve a release of lien in the accrued amount of
$190,580.57 for payment of $3,238.57, in the Code Enforcement action entitled Board of
County Commissioners v. Robert D. Campbell, Jr., et al., Code Enforcement Board Case No.
CESD20120006821, relating to property located at 2331 8th Ave SE, Collier County, Florida.
Meeting Date: 4/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
3/12/2014 4:08:54 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 3/12/2014 4:39:33 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 3/19/2014 3:02:1 l PM
Name: NoellKevin
Title: Assistant County Attorney. CAO General Services
Date: 3/19/2014 4:44:47 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/25/2014 1:41:38 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/25/2014 2:37:09 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 3/31/2014 9:42:34 AM
Name: DurharnTim
4/8/2014 16.A.10.
Title: Executive Manager of Corp Business Ops,
Date: 3/31/2014 11:16:06 AM
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4/8/2014 16.A.10.
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:
Robert D. Campbell, Jr., et al.
Respondent
The lien was recorded on February 6, 2013, in Official Records Book 4883, Page 2985,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Twenty -Nine Thousand Five Hundred Eighty Dollars and Fifty -Seven Cents
($29,580.57), 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
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