Agenda 03/26/2013 Item #16A 83/26/2013 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $314,557.86 for payment
of $807.86, in the Code Enforcement Action entitled Board of County Commissioners vs.
Naples Property Services, LLC, Code Enforcement Case Number 2007050653, relating to
property located at 865 95th Ave N, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$314,557.86 code enforcement lien, for payment of $807.86, in relation to Code Enforcement
Board case number 2007050653.
CONSIDERATIONS: As a result of code violations at 865 95th Ave N, the Code Enforcement
Board ordered the imposition of a lien ( "Lien") against the owner Naples Property Services, LLC
in Code Enforcement Case Number 2007050653. The lien was recorded in the Official Public
Records on April 9, 2009, at O.R. Book 4442, Page 2337, and the lien encumbers all real
property owned by Naples Property Services, LLC. The fine amount of $314,200 is based on
accrued fines for the non - compliance period of 1,571 days at $200 per day pertaining to multiple
structures with interior and exterior alterations without obtaining Collier County permits. A
Warranty Deed was recorded to Gregory G. Boll and Ewa L. Boll on April 8, 2010. The
property was brought into compliance on December 12, 2012.
Pursuant to the Board of County Commissioner's Resolution 2012 -46, when payment of the full
lien amount would impose a severe hardship on the property owner; fines accrued by an existing
owner would be considered for waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. The property is in compliance and an amount of
$807.86 has been paid. This represents $357.86 in operational costs and $450 in fines for
administrative costs. The current property owner is requesting a full waiver of fines due to the
fact that the fines would impose a severe financial hardship as stated in a letter attached from Mr.
Boll.
FISCAL E%IPACT: Payment of $807.86 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of $313,750 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 $313,750, accept
payment of $807.86 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.
Attachments: Release of Lien and Hardship Letter
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3/26/2013 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the release of lien in the amount of
$314,557.86 for payment of $807.86, in the Code Enforcement Action entitled Board of County
Commissioners vs. Naples Property Services, LLC, Code Enforcement Case Number 2007050653,
relating to property located at 865 95th Ave N, Collier County, Florida.
Meeting Date: 3/26/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
2/28/2013 1:57:27 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 2/28/2013 4:23:37 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 3/1/2013 10:27:12 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 3/5/2013 9:22:50 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/13/2013 7:34:30 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/13/2013 8:28:58 AM
Name: FinnEd
n Title: Senior Budget Analyst, OMB
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Date: 3/15/2013 12:49:16 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/15/2013 3:05:12 PM
Name: OchsLeo
Title: County Manager
Date: 3/15/2013 4:28:07 PM
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3/26/2013 16.A.8.
3/26/2013 16.A.8.
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:
Naples Property Services, LLC,
Respondents
The lien was recorded April 9, 2009 in Official Records Book 4442, Page 2337, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Forty Three Thousand six hundred dollars and zero 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 5 BLK 60
865 95"' 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Je Wr'ght
Assi int County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Georgia A. Hiller, Esq.,
Chairwoman
3/26/2013 16.A.8.
February 6, 2013
Greg Boll
2263 Coach House Lane
Naples, FL 34105
Diane B. Flagg, Director
Code Enforcement Department
Growth Management Division /Planning & Regulation
2800 N. Horseshoe Dr.
Naples, FL 34104
Dear Diane B: Flagg,
I am the owner of 865 951h Ave. N., Naples, FL, Folio # 62769000004. Since purchasing the property in
April of 2010,1 have been working diligently to bring the property into compliance. I have spent
235,000.00 dollars to bring the property into compliance and a 189,400.00 fine would impose a severe
financial hardship.
Regards,
.",*r ec�v
Gregory Boil
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