Agenda 04/08/2014 Item #16A134/8/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of $117,781.15 for payment of
55,000, in the Code Enforcement action entitled Board of County Commissioners v. Eric and Davie
Westover, Code Enforcement Board Case No. CESD20100017039, relating to property located at
5891 Star Grass Lane, 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 $117,781.15 for payment of $5,000.00, in
relation to Code Enforcement Board Case No. CESD20100017039.
CONSIDERATIONS: As a result of a code violation at 5891 Star Grass Lane for an abandoned
pool pen-nit that did not receive a certificate of occupancy, the Code Enforcement Board ordered
the imposition of a lien against Eric and Dayle Westover, in Case No. CESD20100017039. The
Lien was recorded in the Official Public Records on February 10, 2011. at O.R. Book 4651, Page
566, and it encumbers all property owned by Eric and Davie Westover. The lien amount of
$117,781.15 is based on accrued fines of $11 7,700.00 (1,177 days at $100 per day from
December 28. 2010 through March 18, 2014), plus operational costs of $81.15. Following a
foreclosure (Case No. 2008 -CA- 6163), a Certificate of Title was recorded on August 27. 2013 in
favor of Grindstone Partners, LLC, who abated the violation on March 18, 2014. The County's
lien was recorded after the foreclosure lis pendens. malting it unenforceable against the property.
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, fines accrued prior to
transfer of title, and compliance has been achieved. The property is presently under contract for
purchase, and the seller has indicated that paying the full amount due would impose a financial
hardship (see letter included in the backup for this item). The lien instrument has been
foreclosed with respect to the property containing the violation, and is therefore unenforceable
against same. The property is in compliance and the new owner has paid $5,000.00 to settle this
matter, which amount consists of $81.15 in operational costs, plus $4.918.85 in fines.
Grindstone Partners, LLC, is requesting a waiver of $112,781.15 in accrued fines.
FISCAL IMPACT: Payment of $5,000.00. representing $81.15 in operational costs and
$4,918.85 in fines, has been made. If approved by the Board, accrued fines in the amount of
$112,781.15 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.13.
RECOMMENDATION: That the Board waive accrued fines in the amount of $112,781.15,
accept payment of $5,000.00, release the lien, and 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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4/8/2014 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$117,781.15 for payment of $5,000, in the Code Enforcement action entitled Board of County
Commissioners v. Eric and Dayle Westover, Code Enforcement Board Case No.
CESD20100017039, relating to property located at 5891 Star Grass Lane, Collier County, Florida.
Meeting Date: 4/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
4/1/2014 8:08:29 AM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 4/1/2014 9:03:05 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/1/2014 9:28:58 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/1/2014 9:45:09 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/1/2014 9:49:21 AM
Name: KlatzkowJeff
Title: Countv Attorney,
Date: 4/1/2014 10:40:21 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
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Date: 4/1/2014 4:43:33 PM
4/8/2014 16.A.13.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2014 5:10:23 PM
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4/8/2014 16.A.13.
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:
Eric & Dayle Westover
Respondents
The lien was recorded on February 10, 2011, in Official Records Book 4651, Page 566,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of three thousand one hundred eighty -one dollars and fifteen cents ($3,181.15),
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 and releases 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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