Agenda 09/24/2013 Item #16A 5 9/24/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of two liens with a combined value of $90,336.09 for
payment of$1,986.09,in the Code Enforcement Action entitled Board of County Commissioners vs.
Jennifer DeFrancesco, Code Enforcement Case Numbers CEV20090002773 and
CESD20090003060,relating to property located at 4302 Rose Avenue, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$90,336.09 code enforcement liens, for payment of$1,986.09, in relation to Code Enforcement
Special Magistrate case numbers CEV20090002773 and CESD20090003060.
CONSIDERATIONS: As a result of code violations at 4302 Rose Avenue, the Code
Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against Jennifer
DeFrancesco in Code Enforcement Case Number CEV20090002773. The lien was recorded in
the Official Public Records on August 7, 2009, at O.R. Book 4485, Page 346, and the lien
encumbers all real property owned by Jennifer DeFranceso. The fine amount of $70,250 is
based on accrued fines for the non-compliance period of 1,405 days at $50 per day pertaining to
an unlicensed and inoperable vehicle parked in the rear yard of a residential zoned property. A
Certificate of Title was recorded on January 18, 2013 and the property was brought into
compliance on March 15, 2013.
As a result of code violations at 4302 Rose Avenue, the Code Enforcement Special Magistrate
ordered the imposition of a lien ("Lien") against Jennifer DeFrancesco in Code Enforcement
Case Number CESD20090003060. The lien was recorded in the Official Public Records on
August 7, 2009, at O.R. Book 4485, Page 344, and the lien encumbers all real property owned by
Jennifer DeFrancesco. The fine amount of $19,850 is based on accrued fines for the non-
compliance period of 397 days at $50 per day pertaining to no address number posted on duplex.
A Certificate of Title was recorded on January 18, 2013 and the property was brought into
compliance on June 9, 2010.
Pursuant to the Board'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$1,986.09 has
been paid. This represents $1,300 for fines for current property owner, $236.09 in operational
costs and $450 in fines for administrative costs.
FISCAL IMPACT: Payment of$1,986.09 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$88,350 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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9/24/2013 16.A.5.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote to approve. This item conforms to the Board's policy contained in
Resolution 2012-46.-KN
RECOMMENDATION: That the Board waive the fines in the amount of $88,350, accept
payment of $1,986.09 and release the liens, and also authorize the Chairwoman to sign the
attached release of liens.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation.
ATTACHMENTS: Release of Liens (2)
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9/24/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to approve the release of two liens with a combined
value of$90,336.09 for payment of$1,986.09, in the Code Enforcement Action entitled Board
of County Commissioners vs.Jennifer DeFrancesco, Code Enforcement Case Numbers
CEV20090002773 and CESD20090003060, relating to property located at 4302 Rose Avenue,
Collier County, Florida.
Meeting Date: 9/24/2013
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
8/9/2013 12:26:20 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 8/13/2013 3:46:32 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/3/2013 1:38:21 PM
Name:NoellKevin
Title:Attorney of Record(CAO)
Date: 9/3/2013 2:18:58 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 9/11/2013 8:15:39 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/11/2013 2:53:44 PM
Name: KlatzkowJeff
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9/24/2013 16.A.5.
Title: County Attorney
Date: 9/11/2013 4:07:23 PM
Name: OchsLeo
Title: County Manager
Date: 9/12/2013 11:24:35 AM
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9/24/2013 16.A.5.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Jennifer DeFrancesco,
Respondents
The lien was recorded on August 7, 2009 in Official Records Book 4485, Page 344, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Four Thousand Seven Hundred Seventeen Dollars and Eighty 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:
PINE VIEW VILLAS BLK A LOT 17
4302 Rose Avenue, 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
Kevin Noell
Assistant County Attorney
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9/24/2013 16.A.5.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Jennifer DeFrancesco,
Respondents
The lien was recorded on August 7, 2009 in Official Records Book 4485, Page 347, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Four Thousand Seven Hundred Eighteen Dollars and Twenty Two 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:
PINE VIEW VILLAS BLK A LOT 17
4302 Rose Avenue, 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 42a
Kevin NoeII
Assistant County Attorney
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