Agenda 03/13/2018 Item #16A 703/13/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$504,081.72 for payment of $531.72 in the code enforcement actions entitled Board of County
Commissioners v. Erick Dorestil and Elvita Pierre. Code Enforcement Board Case No.
CEPM20100019476 relating to property located at 3661 12th Avenue NE, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $504,081.72 for payment of $531.72 in relation to Code Enforcement Board
Case No. CEPM20100019476.
CONSIDERATIONS: As a result of code violations at 3661 12th Avenue NE, consisting of no protective
barrier securing swimming pool and a swimming pool permit that expired without obtaining a certificate
of completion. The lien was recorded in the Official Records on September 5, 2012, at O.R. Book 4832,
Page 1991. The lien amount of $504,081.72 is based on 2,016 days of accrued fines ($250 per day from
July 6, 2012 through January 11, 2018) $504,000 plus $81.72 in operational costs. The property was
acquired by Habitat for Humanity of Collier County, Inc., via Special Warranty Deed recorded on January
23, 2018. The new owner brought the property into compliance on January 11, 2018.
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 and compliance has been achieved
within 30 days. The property is being actively maintained and $531.72 has been paid in settlement of
fines. The new owner is requesting a waiver of $503,550 in accrued fines. There are currently no known
violations.
FISCAL IMPACT: Payment of $531.72 has been made, representing $450 in fines and $81.72 in
operational costs. If approved by the Board, accrued fines in the amount of $503,550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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. - KLN
RECOMMENDATION: To waive the fines in the amount of $503,550, accept payment amount of
$531.72, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Release and Satisfaction of Lien - KLN signed (PDF)
2. Lien Orders (PDF)
16.A.7
Packet Pg. 415
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 4808
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $504,081.72 for payment of $531.72 in the code enforcement actions entitled Board of
County Commissioners v. Erick Dorestil and Elvita Pierre. Code Enforcement Board Case No.
CEPM20100019476 relating to property located at 3661 12th Avenue NE, Collier County, Florida.
Meeting Date: 03/13/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
02/06/2018 4:32 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
02/06/2018 4:32 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 02/06/2018 4:33 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 02/06/2018 4:33 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/09/2018 9:40 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/09/2018 12:58 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/12/2018 10:52 AM
Growth Management Department James French Deputy Department Head Review Completed 02/19/2018 2:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 7:50 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 10:44 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 11:31 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 3:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
16.A.7
Packet Pg. 416
16.A.7.a
Packet Pg. 417 Attachment: Release and Satisfaction of Lien - KLN signed (4808 : Dorestil and Pierre)
16.A.7.b
Packet Pg. 418 Attachment: Lien Orders (4808 : Dorestil and Pierre)
16.A.7.b
Packet Pg. 419 Attachment: Lien Orders (4808 : Dorestil and Pierre)
16.A.7.b
Packet Pg. 420 Attachment: Lien Orders (4808 : Dorestil and Pierre)
16.A.7.b
Packet Pg. 421 Attachment: Lien Orders (4808 : Dorestil and Pierre)