Agenda 07/24/2012 Item #16A127/24/2012 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $192,080.57 for payment
of $50,080.57, in the Code Enforcement Action entitled Board of County Commissioners
vs. Edward M. Harris Jr. and Tammy Harris, Code Enforcement Board Case Number
CESD20090018220, relating to property located at 5730 Cedar Tree Lane, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$192,080.57 code enforcement lien, for payment of $50,080.57, in relation to Code Enforcement
Board case number CESD20090018220.
CONSIDERATIONS: As a result of code violations at 5730 Cedar Tree Lane, the Code
Enforcement Board ordered the imposition of a lien ( "Lien ") against the owners Edward M.
Harris Jr. and Tammy Harris, in Code Enforcement Case Number CESD20090018220. The lien
was recorded in the Official Public Records on October 1, 2010, at O.R. Book 4610, Page 2457,
and the lien encumbers all real property owned by Edward M. Harris Jr. and Tammy Harris.
The fine amount of $192,000 is based on accrued fines for the non - compliance period of 451
days at $200 per day for Order Item 1 pertaining to an unpermitted pool and the non - compliance
period of 509 days at $200 per day for Order Item 2 pertaining to multiple unpermitted
structures. Operational cost is $80.57; the accrued lien amount is $192,080.57. The property
was brought into compliance on February 13, 2012.
Pursuant to Resolution 2012 -46, the amount of $50,080.57 has been paid. This represents
$50,000 in fines and $80.57 in operational costs.
FISCAL IMPACT: Payment of $50,080.57, represents the County's costs and fines. If
approved by the Board, accrued fines in the amount of $142,000 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This property was brought into compliance by a foreclosing bank
on February 13, 2012. Resolution No. 2012 -46 allows a 30 -day grace period to bring the
property into compliance. There were two violations at issue (both for $200 per day) — the first
violation was brought into compliance 36 days following the grace period; the second violation
was brought into compliance 214 days after the grace period. Therefore, under the Resolution,
fines were determined based on a total of 250 days at $200 per day. 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 $142,000, accept
payment of $50,080.57 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
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
7/24/2012 Item 16.A.12.
Item Summary: Recommendation to approve the release of lien in the amount of
$192,080.57 for payment of $50,080.57, in the Code Enforcement Action entitled Board of
County Commissioners vs. Edward M. Harris Jr. and Tammy Harris, Code Enforcement Board
Case Number CESD20090018220, relating to property located at 5730 Cedar Tree Lane, Collier
County, Florida.
Meeting Date: 7/24/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
6/27/2012 9:17:14 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/28/2012 3:22:32 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 6/28/2012 4:41 :56 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/29/2012 3:15:59 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 7/3/2012 4:45:17 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/5/2012 5:46:19 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 7/10/2012 4:22:23 PM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 5:27:23 PM
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7/24/2012 Item 16.A.12.
7/24/2012 Item 16.A.12.
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:
Edward M. Jr. & Tammy Harris,
Respondents
The lien was recorded on October 1, 2010 in Official Records Book 4610, Page 2457, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Twenty Four Thousand eight hundred eighty dollars and fifty 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:
GOLDEN GATE EST UNIT 31 W 150FT OF TR 103
5730 Cedar Tree Lane 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 rig t
Assis nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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