Agenda 04/22/2014 Item #16A14 4/22/2014 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$71,867.87 for payment of
$2,000,in the Code Enforcement action entitled Board of County Commissioners v.Allan Perdomo,
Special Magistrate Case No. CESD20080010511, 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 $71,867.87 for payment of $2,000.00, in relation to Code
Enforcement Case No.CESD20080010511.
CONSIDERATIONS: As a result of a code violation at 1990 50th St. SW, for an unpermitted storage
shed, the Special Magistrate ordered the imposition of a lien against Allan Perdomo, in Case No.
CESD20080010511. The lien was recorded in the Official Public Records, July 2, 2009, at O.R. Book
• 4468,Page 329,-and encumbers all property owned by Allan Perdomo. The lien amount of$71,867.87 is
based on accrued fines (1,435 days at $50 per day, from April 21, 2009 through March 25, 2013), plus
$117.87 in operational costs. 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. The violation was abated by
the new owner on March 25,2013.
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, fines accrued prior to transfer of title,
and compliance has been achieved. The property is in compliance and the new owner has paid$2,000.00,
which reflects $117.87 in operational costs and a settlement amount on the fines of$1,882.13. Florida
Rental Specialists,LLC.,is requesting a waiver of$69,867.87 in accrued fines.
FISCAL IMPACT: Payment of the $2,000.00 has been paid and reflects the County's hard costs
($117.87 in operational costs),plus a settlement amount of$1,882.13 in fines. If approved by the Board,
accrued fines in the amount of$69,867.87 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$69,867.87, accept payment
of$2,000.00,release the lien,and authorize the Chairman to sign the attached 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.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$71,867.87 for payment of$2,000, in the Code Enforcement action entitled Board of County
Commissioners v.Allan Perdomo, Special Magistrate Case No. CESD20080010511, 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 10:03:26 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/31/2014 10:45:32 AM
Name: WrightJeff
Title: Director-Code Enforcement,Code Enforcement
Date: 3/31/2014 11:54:31 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/31/2014 2:02:14 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/8/2014 3:04:41 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/8/2014 5:32:18 PM
Name: KlatzkowJeff
Title: County Attorney,
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4/22/2014 16.A.14.
Date:4/9/2014 11:29:20 AM
Name:DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/9/2014 1:33:58 PM
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4/22/2014 16.A.14.
This Instrument Prepared By:
Jeff 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 July 2, 2009, in Official Records Book 4468, Page 329, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
three thousand one hundred seventeen dollars and eighty-seven cents ($3,117.87), 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
/(//,
Kevin Noell
Assistant County Attorney
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INSTR 4314935 OR 4468 PG 329 RECORDED 7/2/2009 12:17 PM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Cue No.—CESD—2008-0010511
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ALLAN PERDOMO,
Respondent.
ORDE : 40'AA .`t;��ti TE
THIS CAUSE came before iffi' a to for`public hearing upon the Petitioner's
Motion for Imposition of Fiees/1t J . se Special Magistrate, having heard
argument respective to all approp, rtv)fterc�h-, - .� u- \Findings of Fact and Order of the
Special Magistrate,as follows; J
FINDINGS OFVACT1
T- , , -"
1. On March 20,2009,R�was found guilty ofi*ibn :Collier County Land Development
Code 2004-41, as amended, Sec6cz j 2.06(BX3Xa), mpgermitted storage shed on residential
property, which violation occurred o e pro 'at)9h0 50th Street SW, Naples, FL 34116,
Folio#36123040005. ( CI
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before April 20,2009,or a fine of$50.00 per day would be assessed for each day the violations continued
thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4440,PG 3406
and attached hereto).
3. Operational costs of$117.87 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. No abatement has occurred as of the date of the public hearing.
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:
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4/22/2014 16.A.14.
*** OR 4468 PG 330 ***
1
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Respondent shall pay the previously assessed operational costs of 5117.87.
C. Daily fines of$50.00 per day are assessed against Respondent for 60 days for the period from
April21,2009 to June 19,2009 for a total amount of fines of$3,000.00.
D. Respondent is ordered to pay fines and costs in the total amount of S3.117.87 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
E. The daily fine of$50.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
DONE AND ORDERED this 11�x en,day of __,2009 at Collier County,Florida.
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I HEREBY G�IEY Thl4=�this:ia a true ane / COLLIER CO `/� CODE ENFORCEMENT
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PAYMENT OF FINES: Any fines ordered to be paid to this order may be paid at the Collier
County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403-
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.
LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may
become a lien on your real and personal property. After three(3)months from the filing of any such lien
or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to
foreclose on the Iien or pursue collection on unpaid claims. In the event that outstanding fines are
forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier
County.
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: Respondent—Allan Perdomo v
Il Collier Co.Code Enforcement Dept.,/
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