Agenda 01/22/2013 Item #16A 6 1/22/2013 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of two liens with a combined value of$514,933.41
for payment of $1,633.41, in the Code Enforcement Actions entitled Board of County
Commissioners vs. Alexander and Joanka C. Diaz Dominguez Code Enforcement Case
Numbers CESD20090015779 and CEPM20090015776, relating to property located at 669
99th Ave N,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners(Board) accept an offer to release two
code enforcement liens with a combined value of $514,933.41, for payment of $1,633.41, in
relation to Code Enforcement Board case number CESD20090015779 and Code Enforcement
Special Magistrate Case Number CEPM20090015776.
CONSIDERATIONS: As a result of code violations at 669 99th Ave N, the Code Enforcement
Board ordered the imposition of a lien against the owners, Alexander and Joanka C. Diaz
Dominguez Code Enforcement Board Case Number CESD20090015779. The lien was recorded
in the Official Public Records on August 2, 2010, at O.R. Book 4591, Page 1753, and the lien
encumbers all property owned by Alexander and Joanka C. Diaz Dominguez. The fine amount
of$375,500 is based on accrued fines for the non-compliance period of 751 days at$500 per day
pertaining to unpermitted electrical in the dwelling. After obtaining title via foreclosure on
November 16, 2011, Citibank (the foreclosing lender) brought the violations into compliance (as
of July 20, 2012). Citibank then conveyed the property to Naples Real Estate Trust XV, via
Special Warranty Deed,which was recorded on October 5,2012.
As a result of code violations at 669 99th Ave N, the Special Magistrate ordered the imposition of
a lien against the owners, Alexander Dominguez and Joanka Diaz Dominguez in Code
Enforcement Special Magistrate Case Number CEPM20090015776. The lien was recorded in the
Official Public Records on November 8, 2010, at O.R. Book 4621, Page 2459, and the lien
encumbers all property owned by Alexander and Joanka C. Diaz Dominguez. The fine amount
of$13$,250 is based on accrued fines for the non-compliance period of 553 days at$250 per day
pertaining to an unmaintained pool. This violation was brought into compliance on August 1,
2011,while the property was in foreclosure.
Pursuant to the Board of County Commissioner's (BCC's) Resolution 2012-46, where Code
Enforcement liens and fines encumber a property that is under new ownership, fines that accrued
prior to transfer of title and thirty days following transfer of title would be considered for waiver,
as long as the new owner has diligently pursued abatement and compliance has been achieved.
The property is in compliance and an amount of $1,633.41 has been paid. This represents
$990.20 in county abatement costs, $193.21 in operational costs,and $450.00 in fines.
FISCAL IMPACT: Payment of$1,633.41 represents the County's costs and fines. If approved
by the Board,accrued fines in the amount of$513,300 would be waived.
GROWTH MANAGEMENT IMPACT: None.
LE GAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient for Board action, and requires a majority vote for approval. -JW
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1/22/2013 Item 16.A.6.
RECOMMENDATION: That the Board waive the fines in the amount of $513,300, accept n
payment of $1,633.41, release the liens, and authorize the Chairwoman to sign the attached
release and satisfaction of liens.
Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division,Planning and Regulation.
Attachment: Release and Satisfaction of Liens
/'■
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1/22/2013 Item 16A6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
Item Summary: Recommendation to approve the release of two liens with a combined
value of$514,933.41 for payment of$1,633.41, in the Code Enforcement Action entitled Board
of County Commissioners vs. Alexander and Joanka C. Diaz Dominguez Code Enforcement Case
Numbers CESD20090015779 and CEPM20090015776, relating to property located at 669 99th
Ave N, Collier County, Florida.
Meeting Date: 1/22/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
12/19/2012 4:20:43 PM
Submitted by
Title: Code Enforcement Specialist
Name: BakerJennifer
12/19/2012 4:20:44 PM
Approved By
Name: FlaggDiane
Title: Director-Code Enforcement,Code Enforcement
Date: 12/19/2012 4:33:32 PM
Name:PuigJudy
Title: Operations Analyst, GMD P&R
Date: 12/27/2012 11:07:31 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 1/9/2013 7:31:32 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
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1/22/2013 Item 16.A.6.
Date: 1/14/2013 9:18:15 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/14/2013 9:55:46 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/14/2013 10:14:36 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 1/14/2013 10:25:14 AM
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1/22/2013 Item 16.A.6.
This Instrument Prepared By:
Jen Baker
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:
Alexander Dominguez and Joanka Diaz Dominguez,
Respondents
The lien was recorded on November 8, 2010 in Official Records Book 4621, Page 2459,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of forty seven thousand one hundred two dollars and eighty four cents, plus
accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
NAPLES PARK UNIT 3 BLK 28 LOT 8
669 99th Ave N Naples, FL
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 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legal sufficiency
Jeff ight
Assis - -t County Attorney
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1/22/2013 Item 16.A.6.
This Instrument Prepared By:
Jen Baker
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:
Alexander and Joanka C. Diaz Dominguez,
Respondents
1
The lien was recorded on August 2, 2010 in Official Records Book 4591, Page 1753, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Thirteen Thousand eighty dollars and fifty seven cents, plus accrued interest and
• penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
NAPLES PARK UNIT 3 BLK 28 LOT 8
669 99th Ave N Naples, FL
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 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legal sufficiency
t
Jeff eight
Assi County Attorney
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