Agenda 07/24/2012 Item #16A107/24/2012 Item 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of two liens with a combined value of $12,382.07
for payment of $2,732.07, in the Code Enforcement Action entitled Board of County
Commissioners vs. James S. Loucy, Code Enforcement Special Magistrate Case
Numbers CEPM20090010278 and CENA20090010129, relating to property located at 237
Burning Tree Drive, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined value of $12,382.07, for payment of $2,732.07, in
relation to Code Enforcement Special Magistrate case numbers CEPM20090010278 and
CENA20090010129.
CONSIDERATIONS: As a result of code violations at 237 Burning Tree Drive, the Code
Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner
James S. Loucy, in Code Enforcement Case Number CEPM20090010278. The lien was
recorded in the Official Public Records on February 3, 2010, at O.R. Book 4534, Page 2162,
and the lien encumbers all real property owned by James S. Loucy. Based on accrued fines of
$7,800, for the non - compliance period of 52 days at $100 per day for Order item B pertaining to
an unmaintained pool and the non - compliance period of 52 days at $50 per day for Order item
C pertaining to missing screen panels on the pool enclosure, operational cost of $230.21 and
county abatement cost of $1,272, the accrued lien amount is $9,302.21. The property was
brought into compliance on November 12, 2009 by the County. The property was sold on
August 9, 2011.
Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of
$230.21, county abatement cost of $1,272 and fines for administrative costs of $450 for
consideration by the Board to release the lien.
As a result of code violations at 237 Burning Tree Drive, the Code Enforcement Special
Magistrate ordered the imposition of a lien ( "Lien ") against the owner James S. Loucy, in Code
Enforcement Case Number CENA20090010129. The lien was recorded in the Official Public
Records on February 3, 2010 at O.R. Book 4534, Page 2164, and the lien encumbers all real
property owned by James S. Loucy. Based on accrued fines of $2,300, for the non - compliance
period of 23 days at $100 per day, operational cost of $229.86 and county abatement cost of
$550, the accrued lien amount is $3,079.86 for litter on the property. The property was brought
into compliance on October 14, 2009 by the County. The property was sold on August 9, 2011.
Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of
$229.86 and county abatement cost of $550 for consideration by the Board to release the
lien.
FISCAL IMPACT: The property owner has provided payment of $2,732.07, representing the
County's costs and fines relating to both cases. If approved by the Board, accrued fines in the
amount of $9,650 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
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7/24/2012 Item 16.A.10.
RECOMMENDATION: That the Board waive the combined fines in the amount of $9,650,
accept payment of $2,732.07 and release the Liens, and also authorize the Chairman to sign
the attached release of liens.
PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENTS: Release of Liens
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7/24/2012 Item 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10.
Item Summary: Recommendation to approve the release of two liens with a combined
value of $12,382.07 for payment of r) 7 ,z? n7 in Ole Code Enforcement Action entitled Board
of County Commissioners vs. James S. Loucy, Code Enforcement Special Magistrate Case
Numbers CrD ^^ ?0090010278 and CENA20090010129, relating to property located at 237
Burning Tree Drive, Collier nty, Florida.
Meeting Date: 7/24/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
6/26/2012 9:00:39 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/26/2012 1:12:10 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 6/26/2012 4:22:04 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 6/28/2012 2:05:37 PM
Name: Marcu-- ieanne
Title: Executive Secretary,Transportation Planning
Date: 6/28/2012 2:32:28 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/3/2012 10:17:40 AM
Name: FinnEd
Packet Page -1456-
Title: Senior Budget Analyst, OMB
Date: 7/3/2012 12:33:35 PM
7/24/2012 Item 16.A.10.
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 7/9/2012 11:07:10 AM
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7/24/2012 Item 16.A.10.
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:
James S. Loucy,
Respondents
The lien was recorded on February 3, 2010 in Official Records Book 4534, Page 2162,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Nine Thousand three hundred two dollars and twenty one 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:
BIG CYPRESS GOLF + COUNTRY CLUB EST SECT 2 BLK A LOT 23 OR 2012 PG
1057
237 Burning Tree Drive 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 rig
Assist n County Attorney
By:
Fred W. Coyle, Chariman
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7/24/2012 Item 16.A.10.
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:
James S. Loucy,
Respondents
The lien was recorded on February 3, 2010 in Official Records Book 4534, Page 2164,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Three Thousand seventy nine dollars and eighty six 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:
BIG CYPRESS GOLF + COUNTRY CLUB EST SECT 2 BLK A LOT 23 OR 2012 PG
1057
237 Burning Tree Drive 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 Vdt
Assi County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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