Agenda 04/10/2012 Item #16A134/10/2012 Item 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of lien in the Code Enforcement Actions entitled
Board of County Commissioners vs. Francisca Alas, Code Enforcement Board Case No. 2007 -49,
relating to property located at 4100 31St Place SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code
enforcement board lien for payment of $745.00, as to 4100 31s' Place SW only, in relation to the Code
Enforcement Board ( "CEB ") action entitled Board of County Commissioners vs. Francisca Alas, CEB
Case No. 2007 -49.
CONSIDERATIONS: On June 18, 2007, the CEB found Francisca Alas (Respondent) in violation of the
Collier County Code of Laws and Ordinances relating to property located at 2575 53rd Street SW for
improvements of property without valid Collier County Building Permits. A written order was recorded on
June 29, 2007 at O.R. Book 4251, Page 0913.
Based on the above order, the CEB entered a lien order, which was recorded on October 8, 2007, at O.R.
Book 4289, Page 3955, of the Official Public Records of Collier County. The lien encumbers all real and
personal property owned by Francisca Alas, including 4100 31St Place SW. The property containing the
violation (i.e., 2575 53rd Street SW) was never brought into compliance by Respondent Alas.
The property located at 4100 31St PI SW has no code violations and is involved in foreclosure action by
Deutsche Bank (Case No. 09- 2768 -CA). Due to previous ownership by Francisca Alas, the liens have
attached to all real and personal property owned by Mr. Alas. The County filed a counterclaim, asserting
the priority of its lien. In order to avoid continued litigation, Deutsche Bank has submitted payment in the
amount of $745, representing costs of $450 and reimbursement of the County's counterclaim fee of $295.
In exchange for this payment, they are requesting a waiver of $170,000 in accrued fines and partial
release of the lien (as to 4100 31St Place SW only), along with dismissal of the County's counterclaim in
the ongoing foreclosure case.
FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board,
accrued fines in the amount of $170,000 will be waived as to 4100 31St Place SW only, but the lien (and
accrued fines) would continue to encumber all real and personal property owned by the Respondent.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: If approved, this lien will be partially released as to 4100 31St Place SW
only. The lien will continue to encumber (and may be foreclosed against) other non - homestead
properties that are owned by Francisca Alas (the original code violator). 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 $170,000, accept payment of
$745 and partially release the Lien as described above, and also authorize the Chairman to sign the
attached partial release.
PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation
ATTACHMENT: Partial lien release
Packet Page -1046-
4/10/2012 Item 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
Item Summary: Recommendation to approve the partial release of lien in the Code
Enforcement Actions entitled Board of County Commissioners vs. Francisca Alas, Code
Enforcement Board Case No. 2007 -49, relating to property located at 4100 31st Place SW,
Collier County, Florida.
Meeting Date: 4/10/2012
Prepared By
Name: BakerJennifer
Title: VALUE MISSING
3/15/2012 1:44:15 PM
Approved By
Name: BakerJennifer
Date: 3/15/2012 1:55:12 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/15/2012 2:06:14 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/15/2012 4:08:04 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/19/2012 10:09:58 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/20/2012 9:13:58 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/29/2012 10:16:53 AM
Packet Page -1047-
Name: KlatzkowJeff
Title: County Attorney
Date: 3/29/2012 10:42:32 AM
4/10/2012 Item 16.A.13.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/29/2012 11:49:14 AM
Packet Page -1048-
4/10/2012 Item 16.A.13.
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:
Francisca Alas,
Respondent
The lien was recorded on October 7, 2007, in Official Records Book 4289, Page 3955,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of five thousand five hundred forty -nine dollars, plus accrued penalties.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release of Lien, acknowledges partial payment and hereby cancels and releases the
lien in relation to the following property only.
GOLDEN GATE UNIT 8 PART 1 BLK 273 LOT 14
(aka 4100 31St PL SW, Collier County, Florida)
Folio No. 36512960000
The Board of County Commissioners hereby acknowledges that the lien ceases to exist
as to the above described property only, and that the lien shall remain in full force and
effect with respect to all other real and personal property owned by the Respondent.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs the execution and recording of this Partial
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. VVright
Assi ant County Attorney
By:
Packet Page -1049-
Fred W. Coyle, Chairman