Agenda 02/28/2012 Item #16A 62/28/2012 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the Code Enforcement Action entitled
Board of County Commissioners vs. Raul and Martha Reyes , Code Enforcement Special
Magistrate Case No. CEPM- 2010 - 0003246, relating to property located at 7893 Umberto
Court, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code
enforcement lien for payment of $1,146.91, in relation to the Code Enforcement Special
Magistrate (OSM) action entitled Board of County Commissioners vs. Raul and Martha Reyes,
OSM Case No. CEPM- 2010 - 0003246.
CONSIDERATIONS: As a result of code violations at 7893 Umberto Court, the Code
Enforcement Special Magistrate ordered the imposition of a lien against the owners, Raul
and Martha Reyes. The lien was recorded in the Official Public Records on July 30, 2010,
at O.R. Book 4590, Page 2161. Based on accrued fines for the non - compliance period of
25 days at $250 per day for Part One of the order, and 25 days at $250 per day for Part
Two of the order, total accrued fines are $12,500. The underlying violations are for a vacant
home with pool water in green, stagnant condition as well as torn screening on pool cage.
The total accrued lien amount is $13,196.91, representing $12,500 in fines, operational
costs of $112.91, and County abatement costs of $584. The property was brought into
compliance on May 21, 2010. On October 28, 2011, the Bank of New York obtained title to
this property through foreclosure. The Bank of New York is requesting a waiver of $12,500
in fines since the violation occurred and was abated prior to their ownership of the property.
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. The new property owner has paid
$1,146.91, representing operational costs, abatement costs, and administrative costs.
Remaining fines in the amount of $12,500 would be waived pursuant to the Resolution.
FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the
Board, accrued fines in the amount of $12,500 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 Lien, as described
herein, and by approval of this item, authorize the Chairman to sign the attached release of lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation.
ATTACHMENT: Release of lien.
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2/28/2012 Item 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
Item Summary: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Raul and Martha Reyes, Code Enforcement
Special Magistrate Case No. CEPM- 2010 - 0003246, relating to property located at 7893 Umberto
Court, Collier County, Florida.
Meeting Date: 2/28/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/23/2012 11:19:44 AM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
1/23/2012 11:19:46 AM
Approved By
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 2/1/2012 1:43:12 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 2/3/2012 2:42:00 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/6/2012 11:01:39 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 2/10/2012 3:52:38 PM
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Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/16/2012 1:18:28 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 9:52 :34 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/17/2012 4:17:56 PM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 2/21/2012 11:19:23 AM
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2/28/2012 Item 16.A.6.
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
2/28/2012 Item 16.A.6.
the BOARD OF COUNTY
the owner and holder of a
Raul Reyes and Martha Reyes
The lien was recorded on July 30, 2010, in Official Records Book 4590, Page 2161, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of thirteen thousand one hundred ninety -six dollars and ninety -one cents.
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
M
Deputy Clerk
Approved as to form and legal sufficiency
Aff E right
As ' ant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Fred W. Coyle, Chairman