Agenda 05/13/2014 Item #16A 7 5/13/2014 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$113,080.29, for payment of
$530.29,in the code enforcement action entitled Board of County Commissioners v. Manuel Olvera,
Code Enforcement Board Case No. CESD20110010712, relating to property located at 1823 43rd
Street 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$113,080.29, in Code Enforcement Board Case
No. CESD20110010712, for payment of$530.29.
CONSIDERATIONS: As a result of code violations at 1 823 43rd Street SW for an unpermitted
re-roofing, and for unlawful conversion of a garage to living space, the Code Enforcement Board
ordered the imposition of a lien against Manuel Olvera, in Case No. CESD20110010712. The
lien was recorded on August 10, 2012, at O.R. Book 4825, Page 839, and it encumbers all real
and personal property owned by Mr. Olvera. The lien amount of $113,080.29 is based on
accrued fines of $113,000 ($250 per day, for 452 days, from June 23, 2012 to September 17,
2013), plus operational costs of$80.29. Mr. Olvera owned this property through July 9, 2013.
Following a foreclosure (Case No. 09-5097-CA), a Certificate of Title was recorded on July 9,
2013 in favor of MFC Investments, LLC. The property was brought into compliance by MFC
Investments, LLC on September 17, 2013. The County's lien was recorded after the lis pendens,
making it unenforceable against as to 1823 43rd Street SW.
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 lien instrument has been foreclosed
with respect to the property containing the violation, and is therefore unenforceable against
same. The property is in compliance, is being actively maintained, and an amount of $530.29
has been paid, representing $450.00 in fines and $80.29 in operational costs. The property
owner is requesting a waiver of$112,550.00 in accrued fines.
FISCAL IMPACT: Payment of $530.29 has been paid, representing $450.00 in fines and
$80.29 in operational costs in relation to Code Enforcement Board Case No.
CESD20110010712. If this item is approved, accrued fines of$1 12,550 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 fines in the amount of $112,500, accept
payment of$530.29, and authorize the Chairman to sign the attached lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: 1)Release and satisfaction of lien
2) Order imposing lien
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5/13/2014 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Item Summary: Recommendation to approve a release of lien with an accrued value of
$113,080.29, for payment of$530.29, in the code enforcement action entitled Board of County
Commissioners v.Manuel Olvera, Code Enforcement Board Case No. CESD20110010712,relating to
property located at 1823 43rd Street SW, Collier County,Florida.
Meeting Date: 5/13/2014
Prepared By
Name: MarleneSerrano
Title: Manager-Code Enforcement Operations, Code Enforcement
Approved By
Name: puigj
Title: Operations Analyst, Community Development&Environmental Services
Date: 04/09/2014 02:15:22 PM
Name:jeffwright
Title: Director-Code Enforcement, Code Enforcement
Date: 04/10/2014 01:18:52 PM
Name: kevinnoell
Title: Assistant County Attorney, CAO General Services
Date: 04/10/2014 01:47:00 PM
Name: marcellajeanne
Title: Executive Secretary,Transportation Planning
Date: 04/23/2014 07:45:13 AM
Name: klatzkowjeff
Title: County Attorney,
Date: 04/24/2014 08:52:30 AM
Name: markisackson
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 04/30/2014 03:52:05 PM
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5/13/2014 16.A.7.
Name: durham_t
Title: Executive Manager of Corp Business Ops,
Date: 05/01/2014 09:19:54 AM
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5/13/2014 16.A.7.
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:
Manuel Olvera
Respondent
The lien was recorded on August 10, 2012, in Official Records Book 4825, Page 839, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of eight thousand five hundred eighty dollars and twenty-nine cents ($8,580.29),
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
' 7C)%74
Kevin Noell
Assistant County Attorney
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5/13/2014 16.A.7.
INSTR 4727293 OR 4825 PG 839 RECORDED 8/10/2012 10:56 Art PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20I 100107 12
vs.
MANUEL OLVERA,
Respondent
I
R. R ":i:,i.;as.c IEN
mar
THIS CAUSE came on for public•.. i+� !..-•• , bruary 23,2012,after due notice to
Respondent at which time the Board he--• ••ny under oat F dencc,and issued its Findings of Fact
and Conclusions of Law and thereupo• t• • its oral Order which was duc •to writing on February 28,2012,
and furnished to Respondent and • rec. • . ' • •ublic Rec. • of • tier County,Florida at OR 4772,PG
1310 on March 8,2012 and furnish' toe e •: • . 0 • 4.covere•the real property located at 1823 43'
Street S.W.,Naples,FL,Folio 357 524U'E "la • , -_. — ,of I ,Block 45,GOLDEN GATE
ESTATES,UNIT NO.2,according to rr�a• • p: ��- • .. n •tat ook 5,Pages 65 through 77 of
the Public Records of Collier Comity,F,o •- � ' )
An Affidavit of Non-C 'I ^ • • B.„ Enforcement Official on June
25,2012 which Affidavit certified t ¢'ca th that the required c• ,dive ac ct not been taken as ordered.
Accordingly,it having been if ».t to the Board's atten .
spAndrnt has not complied with the
Order dated February 28,2012,it is he �y l../
ORDERED,that the Respondent, ralt{l : : • Item ounty fines in the amount of$8,500.00
(Order Item 1 and 2)for the period of Junc 23,'. 2tt iut'T}t' .,• 112(34 days)at$250 per day plus$80.29
operational costs incurred for the imposition of fines, • . .. o $8,580.29.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of-the Board 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. Filing art Appeal shall not stay the Board's Order,
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this(i~ day o
C t. ,2012
at Collier County,Florida.
sts{+ 3: t a_•.kttsn CODE ENFORCEMENT BOARD
..ourtty at COLLkIiR,: C£} 1ER �O OR1DA
I HEREBY,CERTIFYTHAT tin ieattuits B = �
:watt coby ors air-uait3gt tin tie in f*o• Raul •n,C -%r
Board MitYUtel and Redorh ConierOm 2800 h±a •ors Drive
tT SS.mY ri 0 itirtti, ii clit set Naples, • on.a 34104
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_ __ __- ___- 5/13/2014 16.A.7.
*'* OR 4825 PG 840 *"'*
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) _
The foregoing instrument was acknowledged before me this day of ri. ,2012,by Robert
g° 8 8
Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
me or who has produced a Florida Driver's License as identification. personally known to
o"'"'"'• KR'STINE TWERTE �/
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+' r` Notary Public•State of Ronda
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NOTARY PUBLIC
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My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct c.p of Ibis ORDER has been sent by U.S.Mail to Manuel
Olvera,1823 43"'Street S.W.,Naples,FL 3411. 4._ of 2012.
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