Agenda 02/12/2013 Item #16A 32/12/2013 16.A.3. -
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $248,998.14 for payment
of $1,448.14, in the Code Enforcement Action entitled Board of County Commissioners vs.
Brian Christopher and Sylvia Christopher, Code Enforcement Case Number
CEPM20080003635, relating to property located at 431 Ibis Way, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$248,998.14 code enforcement lien, for payment of $1,448.14, in relation to Code Enforcement
Special Magistrate case number CEPM20080003635.
CONSIDERATIONS: As a result of code violations at 431 Ibis Way, the Code Enforcement
Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners Brian
Christopher and Sylvia Christopher in Code Enforcement Case .Number CEPM20080003635.
The lien was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page
380, and the lien encumbers all real property owned by Brian Christopher and Sylvia
Christopher. The fine amount of $248,000 is based on accrued fines for the non - compliance
period of 992 days at $250 per day pertaining to an unmaintained pool. The property was
brought into compliance by the County on April 14, 2011 and a Certificate of Title was recorded
to Wells Fargo Bank on October 2, 2012.
Pursuant to the Board of County Commissioner's Resolution 2012 -46, Code Enforcement liens
and fines on a property that has 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 $1,448.14 has been paid. This represents $880.80 in county
abatement costs, $117.34 in operational costs, and $450 in fines for administrative costs.
FISCAL IMPACT: Payment of $1,448.14 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of $247,550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board waive the fines in the amount of $247,550, accept
payment of $1,448.14 and release the lien, and also authorize the Chairwoman to sign the
attached release of lien.
Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachment: Release of Lien
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2/12/2013 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve the release of lien in the amount of
$248,998.14 for payment of $1,448.14, in the Code Enforcement Action entitled Board of
County Commissioners vs. Brian Christopher and Sylvia Christopher, Code Enforcement Case
Number CEPM20080003635, relating to property located at 431 Ibis Way, Collier County,
Florida.
Meeting Dater 2/12/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
1/10/2013 1:17:11 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 1/11/2013 6:17:47 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/17/2013 3:28:57 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 1/22/2013 8:34:15 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/28/2013 3:28:52 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/29/2013 7:06:52 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 1/30/2013 10:09:06 AM
2/12/2013 16.A.3.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/30/2013 10:49:07 AM
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2/12/2013 16.A.3.
This Instrument Prepared By:
Jeri 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:
Brian Christopher & Sylvia Christopher,
Respondents
The lien was recorded June 21, 2011 in Official Records Book 4694, Page 380, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred Forty Eight Thousand nine hundred ninety eight dollars and fourteen
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:
QUAIL CROSSING BLK B LOT 15
431 Ibis Way, 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
Approved as to form and legal sufficiency
Jeff Uarig
Assi ount y Attorney
Georgia A. Hiller, Esq.,
Chairwoman
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