Agenda 02/28/2012 Item #16A 52/28/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of two liens in the Code Enforcement Actions
entitled Board of County Commissioners vs. Roilan Perez, Code Enforcement Board
Case No. 2007 -37, and Special Magistrate Case No. 2007 - 080668, relating to property
located at 1974 46th Street SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of two
code enforcement liens for a combined payment of $2,076.32, in relation to the Code
Enforcement Board (CEB) actions entitled Board of County Commissioners vs. Roilan Perez,
CEB Case No. 2007 -37, and Special Magistrate (OSM) Case No. 2007 - 080668.
CONSIDERATIONS:
CEB Case 2007 -37: As a result of code violations at 1974 46th Street SW, the Code
Enforcement Board ordered the imposition of a lien. The lien was recorded in the Official
Public Records on October 8, 2007, at O.R. Book 4289, Page 3957. Based on accrued
fines for the non - compliance period of 65 days at $200 per day for Part One of the order,
and 1,467 days at $200 per day for Part Two of the order, the accrued lien amount is
$307,266.49 for failure to apply for and obtain a valid Collier County building permit and
interior and exterior conversion and non - permitted construction. The accrued lien amount
includes operational costs of $366.67 and county abatement costs of $499.82. On October
12, 2010, Countrywide Home Loans, Inc. acquired the property through foreclosure. On
September 6, 2011; Countrywide conveyed the property to Habitat for Humanity of Collier
County, Inc. The violations were brought into compliance on September 8th, 2011. Fines in
the amount of $400.00 accrued after new ownership.
Pursuant to Resolution 2010 -101, code enforcement liens and fines that accrued prior to
new ownership are considered for waiver as long as the new owner has diligently pursued
abatement and compliance has been achieved. All fines and costs for the new property
owner in the amount of $1,266.49 (representing operational costs, abatement costs, and
$400 in post - acquisition fines) have been paid. The remaining fines of $306,000 would be
waived pursuant to the Resolution.
OSM Case 2007 - 080668: As a result of code violations at 1974 46th Street SW, the Special
Magistrate ordered the imposition of a lien against the owner, Roilan Perez. The lien was
recorded in the Official Public Records on April 22, 2008, at O.R. Book 4352, Page 1681.
Based on accrued fines for the non - compliance period of 178 days at $100 per day for Part
One of the order, and 1,252 days at $100 per day for Part Two of the order, the accrued lien
amount is $143,409.83 for having a residential swimming pool without a protective safety
enclosure or fence. The accrued lien amount includes operational costs of $264.02 and
county abatement costs of $145.81. The violation was brought into compliance on
September 8th, 2011. Fines in the amount of $400 accrued after new ownership.
Pursuant to Resolution 2010 -101, code enforcement liens and fines that accrued prior to
new ownership are considered for waiver as long as the new owner has diligently pursued
abatement and compliance has been achieved. All fines and costs for the new property
owner in the amount of $809.83 (representing operational costs, abatement costs, and $400
in post- acquisition fines) have been paid. The remaining fines of $142,600.00 would be
waived pursuant to the Resolution.
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2/28/2012 Item 16.A.5.
FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the
Board, accrued fines in the amount of $448,600.00 will 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 and release the Liens, as described
herein, and by approval of this item, authorize the Chairman to sign the attached releases of
lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation.
ATTACHMENT: Two Lien Releases
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2/28/2012 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
Item Summary: Recommendation to approve the release of two liens in the Code
Enforcement Actions entitled Board of County Commissioners vs. Roilan Perez, Code
Enforcement Board Case No. 2007 -37, and Special Magistrate Case No. 2007 - 080668, relating
to property located at 1974 46th Street SW, Collier County, Florida.
Meeting Date: 2/28/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/19/2012 11:39:48 AM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
1/19/2012 11:39:50 AM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 2/1/2012 1:43:01 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 2/3/2012 2:39:12 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 2/3/2012 4:30:22 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/6/2012 11:01:14 AM
Packet Page -972-
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/16/2012 1:15:04 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 9:52:25 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/17/2012 4:17:34 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 2/21/2012 11:18:51 AM
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2/28/2012 Item 16.A.5.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Roilan Perez
2/28/2012 Item 16.A.5.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on October 8, 2007, in Official Records Book 4289, Page 3957,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of thirteen thousand eight hundred sixty -six dollars and forty -nine cents, plus
accrued fines.
Collier County, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges receipt of payment and hereby cancels and releases the lien.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release of
Lien, by action of the Board on this day of , 2012.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jelf E. Wright
A ist nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE OF LIEN
2/28/2012 Item 16.A.5.
KNOW ALL MIEN 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:
Roilan Perez
The lien was recorded on April 22, 2008, in Official Records Book 4352, Page 1681, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of eighteen thousand two hundred nine dollars and eighty -three cents, plus accrued
fines.
Collier County, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges receipt of payment and hereby cancels and releases the lien.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release of
Lien, by action of the Board on this day of , 2012.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jeff E right
hgsgsWant County Attorney
By:
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Fred W. Coyle, Chairman