Agenda 05/22/2012 Item #16A 55/22/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $143,244.47 for payment
of $694.47, in the Code Enforcement Action entitled Board of County Commissioners vs.
George Cirabisi and Vickie Lea Cirabisi, Code Enforcement Special Magistrate Case
Number 2007090337, relating to property located at 1935 Empress Court, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$143,244.47 code enforcement lien, for payment of $694.47, in relation to Code Enforcement
Special Magistrate case number 2007090337.
CONSIDERATIONS: As a result of code violations at 1935 Empress Court, the Code
Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners
George Cirabisi and Vickie Lea Cirabisi, in Code Enforcement Case Number 2007090337. The
lien was recorded in the Official Public Records on June 23, 2008, at O.R. Book 4372, Page
0445, and the lien encumbers all real property owned by George Cirabisi and Vickie Lea
Cirabisi. Based on accrued fines for the non - compliance period of 572 days at $250 per day
and operational cost of $244.47, the accrued lien amount is $143,244.47 for allowing the pool
water to become green, algaed and stagnate. The property was brought into compliance by the
bank prior to their taking title on August 5, 2009 and remained in compliance. The Bank of New
York Mellon obtained a Certificate of Title (via foreclosure) to the property on December 13,
2011.
The Bank of New York Mellon has paid operational costs of $244.47 and fines for administrative
costs of $450. Upon approval pursuant to Resolution 2012 -46, fines of $142,550 will be waived.
FISCAL IMPACT: The Bank of New York Mellon has provided payment of $694.47. If approved
by the Board, accrued fines in the amount of $142,550 would 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 $142,550, accept
payment of $694.47 and release the Lien, and also authorize the Chairman to sign the attached
release of lien.
PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENT: Release of Lien
Packet Page -1373-
5/22/2012 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
Item Summary: Recommendation to approve the release of lien in the amount of
$143,244.47 for payment of $694.47, in the Code Enforcement Action entitled Board of County
Commissioners vs. George Cirabisi and Vickie Lea Cirabisi, Code Enforcement Special Magistrate
Case Number 2007090337, relating to property located at 1935 Empress Court, Collier County,
Florida.
Meeting Date: 5/22/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
4/24/2012 4:19:38 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/25/2012 12:31:10 PM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 4/25/2012 3:42:53 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/2/2012 8:08:39 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/8/2012 10:19:16 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/8/2012 4:43:11 PM
Name: KlatzkowJeff
Packet Page -1374-
Title: County Attorney
Date: 5/9/2012 2:56:29 PM
5/22/2012 Item 16.A.5.
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 5/10/2012 12:36:30 PM
Packet Page -1375-
5/22/2012 Item 16.A.5.
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:
George Cirabisi and Vickie Lea Cirabisi,
Respondents
The lien was recorded on June 23, 2008 in Official Records Book 4372, Page 0445, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Thirty Seven Thousand two hundred forty four dollars and forty seven 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:
IMPERIAL GOLF EST PHASE 2 LOT 87
1935 Empress Court 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jeff Wri ot
Assistant County Attorney
By:
Fred W. Coyle, Chariman
Packet Page -1376-