Agenda 12/10/2013 Item #16A 8 12/10/2013 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of a lien in the accrued amount of$79,430.86 for
payment of$530.86, in the Code Enforcement Action entitled Board of County Commissioners vs.
Elias Nicot, relating to property known as Parcel No.38552520000,on 37th Avenue NW(no physical
address),Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code
enforcement lien for payment of $530.86, as to Parcel No. 38552520000 only, in relation to Code
Enforcement Board Case No. CESD20100003911.
CONSIDERATIONS: As a result of code violations at 670 20th Street NE,the Code Enforcement Board
ordered the imposition of a lien against Elias Nicot in Case No. CESD20100003911. The lien was
recorded in the Official Public Records on July 12, 2012, at O.R. Book 4816, Page 1522, and it
encumbers all real property owned by Elias Nicot. The fine amount of$79,350 is based on accrued fines
for the non-compliance period of 529 days (as of Nov. 1, 2013) at $150 per day, pertaining to an
expired/cancelled Collier County building permit for a concrete block single family residence.
The violation at 670 20th Street has not been abated, but this request for a partial release is for a different
parcel (folio 38552520000), which contains no code violations. This latter parcel was encumbered by the
lien as a result of common ownership by Elias Nicot. Although this parcel is now under new ownership,
the lien continues to encumber the property due to the fact that it was owned by Elias Nicot at the time of
lien imposition.
The property is in compliance and an amount of $530.86 has been paid. This represents $80.86 in
operational costs, and $450 in fines. Since code enforcement liens encumber all property owned by Elias
Nicot, the request for a partial release involves only folio number 38552520000. This parcel does not
have any code violations.
FISCAL IMPACT: Payment of$530.86 represents the County's costs and fines. If approved by the
Board, accrued fines in the amount of$78,900 would be waived with respect to Parcel No. 38552520000
only.
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 partially waive the fines in the amount of $78,900, accept
payment of$530.86 and partially release the lien, and also authorize the Chairwoman to sign the attached
Partial Release of Lien.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division,Planning and Regulation.
Attachment: Partial Release of Lien
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12/10/2013 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the partial release of a lien in the accrued
amount of$79,430.86 for payment of$530.86, in the Code Enforcement Action entitled Board
of County Commissioners vs. Elias Nicot, relating to property known as Parcel No.
38552520000, on 37th Avenue NW (no pshysical address), Collier County, Florida.
Meeting Date: 12/10/2013
Prepared By
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforce
8/29/2013 4:01:43 PM
Approved By
Name: WrightJeff
Title:Assistant County Attorney,County Attorney
Date: 11/5/2013 10:36:54 AM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 11/5/2013 4:22:50 PM
Name:NoellKevin
Title:Attorney of Record(CAO)
Date: 11/5/2013 4:42:41 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/13/2013 1:09:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/15/2013 2:15:04 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
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12/10/2013 16.A.8.
Date: 11/18/2013 5:28:03 PM
Name: OchsLeo
Title: County Manager
Date: 11/19/2013 2:21:52 PM
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12/10/2013 16.A.8.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
PARTIAL 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:
Elias Nicot,
Respondent
The lien was recorded on July 12, 2012 in Official Records Book 4816, Page 1522, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Six Thousand and Six Hundred and No 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:
GOLDEN GATE EST UNIT 37, E 150 FT OF TRACT 37,
According to the plat thereof, as recorded in P.B. 7, pages 88-89
Parcel No: 38552520000
Collier County, a political subdivision of the State of Florida, by execution of this Partial
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 with
respect to the above-described property only.
The Clerk of the Circuit Court is hereby directed to record this Partial 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 legality
Kevin Noell
Assistant County Attorney
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