Agenda 03/13/2012 Item #16A33/13/2012 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve the release of a $40,200 lien for payment of $9,912.29, in the
Code Enforcement Action entitled Board of County Commissioners vs. Estate of Alan D.
Montgomery, Code Enforcement Special Magistrate Case No. CEROW20090015230,
relating to property located at 5133 20th Ct. SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$40,200 code enforcement lien, for payment of $9,912.29, in relation to Special Magistrate
(OSM) Case No. CEROW20090015230.
CONSIDERATIONS: As a result of code violations at 5133 20th Ct. SW., the Code Enforcement
Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner, Estate of Alan D.
Montgomery, in Special Magistrate Case No. CEROW20090015230. The lien was recorded in
the Official Public Records on July 15, 2011, at O.R. Book 4702, Page 121, and the lien
encumbers all real property owned by the Estate of Alan D. Montgomery. Based on accrued
fines for the non - compliance period of 201 days at $200 per day, the accrued lien amount is
$40,200 for planting several trees in the right -of -way without obtaining Collier County Right -
of -Way Permits. On November 2, 2011, Fannie Mae ( "Federal National Mortgage
Association ") acquired the property through foreclosure. In the foreclosure action (Case No.
2009 -CA- 010864), the bank attempted to foreclose on the Lien, but the court ordered that
the Lien survives the foreclosure (see, O.R. Book 4732, Page 2661). The property was
brought into compliance on December 21, 2011.
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 $9,912.29, representing $9,800 in fines and $112.29 in
operational costs. Upon approval, pre- acquisition fines of $40,200 will be waived.
FISCAL IMPACT: The bank has provided payment of $9,912.29. If approved by the Board,
accrued fines in the amount of $40,200 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 $40,200, accept
payment of $9,912.29 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.3.
3/13/2012 Item 16.A.3.
Item Summary: Recommendation to approve the release of a $40,200 lien for payment of
$9,912.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Estate
of Alan D. Montgomery, Code Enforcement Special Magistrate Case No. CEROW2009- 0015230,
relating to property located at 5133 20 Ct. SW, Collier County, Florida.
Meeting Date: 3/13/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
2/13/2012 5:04:15 PM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
2/13/2012 5:04:16 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 2/22/2012 10:54:51 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/24/2012 1:23:37 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 2/24/2012 2:22:57 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/28/2012 8:48:44 AM
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Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/1/2012 4:42:50 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/2/2012 3:39:21 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/2/2012 4:09:24 PM
Name: OchsLeo
Title: County Manager
Date: 3/2/2012 4:41:17 PM
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3/13/2012 Item 16.A.3.
3/13/2012 Item 16.A.3.
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:
Estate of Alan D. Montgomery,
Respondents
The lien was recorded on July 15, 2011 in Official Records Book 4702, Page 121, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Five Thousand Seven Hundred twelve dollars and twenty nine 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 UNIT 5 BLK 165 LOT 18
5133 20TH Ct SW 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 ht
Assis ri t County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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