Agenda 02/28/2012 Item #16A 72/28/2012 Item 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of
County Commissioners vs. Frank Susi., Code Enforcement Special Magistrate Case No.
CESD2008- 0011167, relating to property located at 606111th Ave. North, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$45,700 code enforcement lien, for payment of $567.70, in relation to Special Magistrate (OSM)
Case No. CESD2008- 0011167.
CONSIDERATIONS: As a result of code violations at 606 111th Ave. N., the Code Enforcement
Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Frank Susi, in
Special Magistrate Case No. CESD- 20080011167. The lien was recorded in the Official Public
Records on June 1, 2009, at O.R. Book 4457, Page 0516, and the lien encumbers all real
property owned by Mr. Susi. Based on accrued fines for the non - compliance period of 914
days at $50 per day, the accrued lien amount is $45,700 for a shed built without obtaining
proper Collier County Building Permits. The property was brought into compliance in
September 22, 2011. On October 28, 2011, Bank of America acquired the property through
foreclosure. In the foreclosure action (Case No. 09- 2599 -CA), the bank attempted to
foreclose on the Lien, but the court ordered that the Lien survives the foreclosure (see, O.R.
Book 4527, Page 1879).
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. Post - acquisition fines for the current
property owner in the amount of $567.70, represents $450.00 in administrative cost and
$117.70 in operational costs. Upon approval, pre - acquisition fines of $45,700 will be
waived.
FISCAL IMPACT: The bank has provided payment of $567.70. If approved by the Board,
accrued fines in the amount of $45,700 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
Packet Page -980-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
2/28/2012 Item 16.A.7.
Item Summary: Recommendation to approve the release of a $45,700 lien for payment of
$567.70, in the Code Enforcement Action entitled Board of County Commissioners vs. Frank
Susi., Code Enforcement Special Magistrate Case No. CESD2008- 0011167, relating to property
located at 606 111th Ave. North, Collier County, Florida.
Meeting Date: 2/28/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/24/2012 4:56:47 PM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
1/24/2012 4:56:49 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 1/26/2012 1:43:59 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 1/26/2012 3:04:54 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/27/2012 1:50:56 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/2/2012 11:20:08 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/6/2012 9:35:50 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 9:24:31 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/17/2012 4:17:15 PM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 2/21/2012 9:11:11 AM
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2/28/2012 Item 16.A.7.
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.7.
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:
Frank Susi
The lien was recorded on June 1, 2009, in Official Records Book 4457, Page 0516, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of two thousand nine hundred seventeen dollars and seventy 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
Je E. right
Ass nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Fred W. Coyle, Chairman