Agenda 04/22/2014 Item #16A13 4/22/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$197,112.56 for payment of
$2,112.56,in Code Enforcement Action entitled Board of County Commissioners v.Allan Perdomo,
Special Magistrate Case No. CEPM20100017929, relating to property located at 1990 50th St. SW,
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$197,112.56 for payment of$2,112.56, in relation to Code
Enforcement Special Magistrate Case No.CEPM20100017929.
CONSIDERATIONS: As a result of a code violation at 1990 50th St. SW for a torn lanai screen, the
Special Magistrate ordered the imposition of a lien against Allan Perdomo, in Case No.
CEPM20100017929. This lien was recorded in the Official Public Records on May 9, 2011, at O.R.
Book 4679, Page 2415, and it encumbers all property owned by Allan Perdomo. The lien amount of
$197,112.56 is based on accrued fmes of$197,000 (788 days at $250 per day from January 22, 2011
through March 19, 2013), plus operational costs of$112.56. Following a foreclosure (Case No. 2009-
CA-251), a Certificate of Title was recorded on January 29, 2013 in favor of Florida Rental Specialists,
LLC. This new owner abated the violation on March 19,2013.
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 in compliance and the new owner has paid $2,112.56
to settle this matter, which amount consists of$112.56 in operational costs,plus $2,000 in fmes. Florida
Rental Specialist,LLC,is requesting a waiver of$195,000.00 in accrued fines.
FISCAL IMPACT: Payment of $2,112.56, representing $112.56 in operational costs and $2,000 in
fines, has been made. If approved by the Board, accrued fines in the amount of$195,000.00 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$195,000.00, accept payment
of$2,112.56,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: 1)Release and satisfaction of lien
2)Order imposing the lien
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4/22/2014 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
$197,112.56 for payment of$2,112.56, in Code Enforcement Action entitled Board of County
Commissioners v.Allan Perdomo,Special Magistrate Case No. CEPM20100017929, relating to
property located at 1990 50th St. SW, Collier County, Florida.
Meeting Date: 4/22/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
3/31/2014 9:34:36 AM
Approved By
Name:PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 3/31/2014 10:44:52 AM
Name: WrightJeff
Title:Director-Code Enforcement,Code Enforcement
Date: 3/31/2014 11:40:10 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 3/31/2014 2:02:07 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date:4/8/2014 3:04:33 PM
Name: IsacksonMark
Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date:4/8/2014 5:32:08 PM
Name: KlatzkowJeff
Title: County Attorney,
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4/22/2014 16.A.13.
Date: 4/9/2014 11:11:13 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/9/2014 4:55:48 PM
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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 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:
Allan Perdomo
Respondent
The lien was recorded on May 9, 2011, in Official Records Book 4679, Page 2415, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of ten thousand three hundred sixty-two dollars and fifty-six cents ($10,362.56),
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 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
—7e)
Kevin Noell
Assistant County Attorney
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4/22/2014 16.A.13.
INSTR 4558345 OR 4679 PG 2415 RECORDED 5/9/2011 9:28 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
�\
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM—20100017929
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ALLAN PERDOMO,
Respondent. .
ORDER G1p'TIHE SPECIAL Mt °S`PTE
IMPOSING FINES/LIENS,
THIS CAUSE came before t.-= • ._' 'blic1 hearing upon the Petitioner's
Motion for Imposition of Fitt " a o � r 2 ' n e;Special Magistrate, having heard n
argument respective to all ap at . t is Fin4ngs of Fact and Order of the
� : , � _ . 1 .
Special Magistrate,as follows: , — �--
" s- ',FINDINGS OF FAC'h , ` .
1. On January 14, 2011, Respondent c•• . . f I. - i = Aiolation of the Collier County Laws&
Ordinances, Chapter 22 Buildings. ; = ' _ lations.Article VI, Florida Building Code;
Scc. 22-231(12X1)for screen lanai torn and in need of repair, which violation occurred on the
property located at 1990 50°'St.SW.,Naples,FL,Folio#36123040005.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before January 21, 2011, or a fine of S250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 4647,PG 3147).
3. Operational costs of$112.56 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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OR 4679 PG 2416
•
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 41 days for the period front
January 22, 2011 to March 4, 2011 for a total amount of fines of$10,250.00. Daily fines of
$250.00 will continue to accrue until compliance.
C. Respondent shall pay the previously assessed operational costs of$112.56.
D. Respondent is ordered to pay fines and costs in the total amount of$10,36256 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
DONE AND ORDERED tai day of 4011 at Naples Collier County,
Florida.
Ourtty of COLLItli ;'\i l
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PAYME •T OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the
Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a
hearing de novo,but shall be limited to appellate review of the record created within the original hearing.
It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk
of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Allan Perdomo,RespondenT.
Collier Co.Code Enforcement Dept.
•
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