Agenda 03/13/2012 Item #16A23/13/2012 Item 16.4.2.
EXECUTIVE SUMMARY
Recommendation to approve the release of a $15,800 lien for payment of $3,912.38, in the
Code Enforcement Action entitled Board of County Commissioners vs. Joshua S.
Lainhart and Melanie D. Meyer, Code Enforcement Special Magistrate Case No.
CESD20100003657, relating to property located at 2170 20th Avenue NE, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$15,800 code enforcement lien, for payment of $3,912.38, in relation to Special Magistrate
(OSM) Case No. CESD20100003657.
CONSIDERATIONS: As a result of code violations at 2170 20th Avenue NE., the Code
Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner the
Joshua S. Lainhart and Melanie D. Meyer, in Special Magistrate Case No. CESD20100003657.
The lien was recorded in the Official Public Records on September 13, 2011, at O.R. Book
4718, Page 1332, and the lien encumbers all real property owned by Joshua S. Lainhart and
Melanie D. Meyer. Based on accrued fines for the non - compliance period of 158 days at
$100 per day, the accrued lien amount is $15,800 for violation of 2007 Florida Building
Code and failure to obtain Collier County Building Permit, request all related inspections
and Certificate of Completion for screened addition. On November 29, 2011, Federal
National Mortgage Association acquired the property through foreclosure. In the foreclosure
action (Case No. 11- 2009 -CA- 009170), the bank attempted to foreclose on the Lien, but the
court ordered that the Lien survives the foreclosure (see, O.R. Book 4740, Page 2277). The
property was brought into compliance on January 6, 2012.
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 post- acquisition fines for the current
property owner are in the amount of $3,912.38, representing $3,800 in fines and $112.38 in
operational costs. Upon approval, pre- acquisition fines of $15,800 will be waived.
FISCAL IMPACT: The bank has provided payment of $3,912.38. If approved by the Board,
accrued fines in the amount of $15,800 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 in the amount of $15,800, accept
payment of $3,912.38 and release the Lien, and also 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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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
3/13/2012 Item 16.A.2.
Item Summary: Recommendation to approve the release of a $15,800 lien for payment of
$3,912.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Joshua
S. Lainhart and Melanie D. Meyer, Code Enforcement Special Magistrate Case No. CESD2010-
00003657, relating to property located at 2170 20th Avenue NE, Collier County, Florida.
Meeting Date: 3/13/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
2/13/2012 4:59:52 PM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
2/13/2012 4:59:53 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 2/22/2012 10:55:00 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/22/2012 5:08:29 PM
Name: Wrightleff
Title: Assistant County Attomey,County Attorney
Date: 2/23/2012 8:24:13 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/23/2012 4:38:46 PM
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Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 2/24/2012 2:13:54 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/29/2012 3:23:27 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/5/2012 1:19:39 PM
Name: OchsLeo
Title: County Manager
Date: 3/5/2012 2:06:14 PM
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3/13/2012 Item 16.A.2.
3/13/2012 Item 16.A.2.
This Instrument Prepared By:
Jen Baker
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
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:
Joshua S. Lainhart & Melanie D. Meyer,
Respondents
The lien was recorded on September 13, 2011 in Official Records Book 4718, Page
1332, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Three Thousand Three Hundred twelve dollars and thirty eight 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 25 E 75FT OF W 150FT OF TR 102
2170 20TH Ave NE 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
,
Jeff Wrig t
Assist County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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