Agenda 04/08/2014 Item #16A124/8/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of $96,412.56 for payment of
$11,812.56, in the Code Enforcement Action entitled Board of County Commissioners v. Sandra L.
Castro, et al., Special Magistrate Case No. CESD20100003742, relating to property located at 3950
31st Avenue NE, 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 $96,412.56, for payment of $11,812.56, in
relation to Special Magistrate Case No. CESD20100003742.
CONSIDERATIONS: As a result of a code violation (for unpernitted fence and structures) at
3950 31st Avenue NE, the Special Magistrate ordered the imposition of a lien against Sandra L.
Castro, in Special Magistrate Case No. CESD20100003742. This lien was recorded on August
19, 2011, at O.R. Book 4712, Page 457, and it encumbers all property owned by Sandra L.
Castro. The lien amount of $96,412.56 is based on accrued fines of $96,300 (963 days at $100
per day, from June 4, 2011 through January 21, 2014), plus $112.56 in operational costs.
Following a foreclosure. a certificate of title was recorded on August 27,. 2013 in favor of the
Bank of New York Mellon. The property was brought into compliance on January 21, 2104.
Pursuant to 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. In these cases, as long
as compliance has occurred, fines that accrued prior to transfer of title, plus 30 days after transfer
of title, can be considered for waiver. The property is in compliance, is being actively
maintained, and an amount of $11,812.56 has been paid by the new owner. This amount
represents $112.56 in operational costs and $11.700.00 in accrued fines (representing post -
acquisition fines of $100 for 117 days). The new owner is requesting a waiver of $84,600.00 in
accrued fines.
FISCAL IMPACT: Payment of $l 1,812.56 has been paid, representing the County's hard costs
($112.56), plus $11.700.00 in accrued fines. If approved by the Board, accrued fines in the
amount of $84.600.00 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 $84,600.00, accept
payment of $11.812.56 and release the lien, and also authorize the Chair to sign the attached lien
release.
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4/8/2014 16.A.12.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachment: Release and satisfaction of lien
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4/8/2014 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$96,412.56 for payment of $11,812.56, in the Code Enforcement Action entitled Board of
County Commissioners v. Sandra L. Castro, et al., Special Magistrate Case No.
CESD20100003742, relating to property located at 3950 31st Avenue NE, Collier County,
Florida.
Meeting Date: 4/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
3/12/2014 4:09:00 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 3/12/2014 4:43:55 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 3/13/2014 4:55:53 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/18/2014 4:56:27 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 3/25/2014 9:17:15 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/25/2014 1:41:16 PM
Name: IsacksonMark
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4/8/2014 16.A.12.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/25/2014 2:40:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 8:23:49 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/31/2014 9:12:35 AM
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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
Sandra L. Castro
Respondent
4/8/2014 16.A. 12.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on August 19, 2011, in Official Records Book 4712, Page 457, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Six Thousand Four Hundred Twelve Dollars and Fifty -Six Cents ($6,412.56), 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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