Agenda 10/28/2014 Item #16A2110/28/2014 16.A.21.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$20,180.86, for payment of $9,180.86, in the code enforcement action entitled Board of County
Commissioners v. Park East Dev. Ltd., Code Enforcement Board Case No. CESD20120006530,
relating to property located at 5100 27th Place 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 $20,180.86, for payment of $9,180.86, in relation to Code
Enforcement Board Case No. CESD20120006530.
CONSIDERATIONS: As a result of a code violation at 5100 27th Place SW, consisting of failure to
submit a PUD monitoring report as required, the Code Enforcement Board ordered the imposition of a
lien against Park East Dev. Ltd. in Case No. CESD20120006530. The lien was recorded in the Official
Public Records on November 8, 2012, at O.R. Book 4853, Page 684, and it encumbers all real and
personal property owned by Park East Dev. Ltd. The accrued lien amount of $20,180.86 is based on 201
days of accrued fines (September 23, 2012 through April 11, 2013) at $100 per day, plus $80.86 in
operational costs.
Following a foreclosure (Case No. 2010 -CA- 2148), a Certificate of Title was recorded on December 11,
2012 in favor of Central Bank. The property was brought into compliance on April 11, 2013 by the new
owner. The County's lien for this property was filed after the foreclosure lis pendens, therefore it is not
presently enforceable.
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, the new owner has diligently pursued
abatement, and compliance has been achieved within 30 days. In this case, the new owner abated the
violation and incurred fines for ninety -one (91) days beyond the 30 -day grace period. The property is
being actively maintained and the owner has paid $9,180.86 in fines accrued during its new ownership.
Central Bank is requesting a waiver of $11,000 in accrued fines.
FISCAL IMPACT: Payment of $9,180.86 in accrued fines has been made, representing $9,100 in
accrued fines and $80.86 in operational costs. if approved by the Board, accrued fines in the amount of
$11,000 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 of County Commissioners waive the fines in the amount of
$11,000, accept payment in the amount of $9,180.86, release the lien, and authorizes the Chairman to sign
the attached release and satisfaction of lien for recording in the Official Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
14 -CED -00941 /1 1 1 9490/11
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10/28/2014 16.A.21
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $20,180.86, for payment of $9,180.86, in the code enforcement action
entitled Board of County Commissioners v. Park East Dev. Ltd., Code Enforcement Board Case
No. CESD20120006530, relating to property located at 5100 27th Place SW, Collier County,
Florida.
Meeting Date: 10/28/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
9/26/2014 2:40:25 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
-Date: 10/2/2014 9:51:47 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/2/2014 10:04:01 AM
Name: Puigiudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/2/2014 4:31:39 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/13/2014 9:18:56 AM
r
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 10/14/2014 9:22:24 AM
Name: IsacksonMark
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10/28/2014 16.A.21.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/15/2014 1:07:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 2:37:21 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/18/2014 4:49:34 PM
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10/28/2014 16.A.21.
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:
Park East Dev. Ltd.
Respondent
The lien was recorded on November 8, 2012, in Official Records Book 4853, Page 684, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of three
thousand three hundred eighty dollars and eighty -six cents ($3,380.86), 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
0
By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noel[
Assistant County Attorney
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INSTR 4760695 OR 4853 PG 684 RECORDED 11/8/2012 12:13 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 335.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
PARK EAST DEV. LTD.,
Respondent
10/28/2014 16.A.21.
CASE NO.: CESD20120OMS30
THIS CAUSE came on for public ; I' �bk_rAVn -August 23, 2012, after due notice to
Respondent at which time the Board h yto iy under oath, lly "eyidence, and issued its Findings of Fact
and Conclusions of Law and theteupotf i�zed�its oral Order which w�d'uoed to writing on August 28, 2012, and
furnished to Respondent and was reciird iR- dK-Pab 'c Records of Collib� Carroty, Florida at OR 4832, PG 1934,
et. seq. on September 5, 2011. The dgcok*red4he rea pro located .1t 5 t00 27'" Place SW, Naples, FL
34116, Folio 36453120006, more �artit ul 1 ), more particularly desm as
of the Public Records of Collier Cpunty,/ F�� ]
An Affidavit of Non -Cor pTiasti i n�file e Board by t)ie Q ddc Enforcement Official on
September 24, 2012, which Affidavircertified under oath thaiThe required co kdive action has not been taken as
ordered.
Accordingly, it having been brt tghtto the Board's anentiotn6 Etes{xrndent has not complied with the
Order dated August 28, 2012, it is hereby,C
ORDERED, that the Respondent, Park t✓ast ev d qty CD�otlier Count}, fines in the amount of
$3,300.00 (Order Items 18.. 2) at a rate of $I 00l&a �fbF:tbe= period of September 23, 2012 through October 25, 2012 .
(33 days), plus the operational costs of $80.86, for a total of $3,380.86.
IT IS FURTHER ORDERED that the fines and 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 an Appeal shall not stay the Board's Order.
DONE AND ORDERED this '50 day of �. 2012 at Collier County, Florida.
Jtatr! 0: � U JkStM
;ounry of COWER
1 HEREBY CERTIFY - THAT "ths
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY: - .— _
Robert Whda hair
2800 No hoe Drive
Naples, 04
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10/28/2014 16.A.21.
OR 4853 PG 685
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
-
The foregoing instrument was acknowledged before me this -w day of QC10
2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is
✓/ personally known to me or who has produced a Florida Driver's License as identification.
KRISTINE W ELATE NARY PU�I3LIC� —
,o� - Notary Public -State of Florida My commission expires'
My Gomm. Expires Jun 18.2�t5
=�• 'F` commission # EE 87272
V ss� ERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true an copy 6f)thiis%, MER has been sent by U. S. Mail to Park
Fast Dev. LTD, do James G. O'Gara, `(r , ate ap1FS; FL 34116 this�"aay of QCJ
2012.'`
(06 1 1lG" R d SIT., Sit. 210
a fe FlondB 40111 !
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