Agenda 12/11/2012 Item #16A3012/11/2012 Item 16.A.30.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $207,932.10 for payment
of $15,932.10, in the Code Enforcement Action entitled Board of County Commissioners vs.
Graciela Susi, Code Enforcement Case Number CEPM20080008180, relating to property
located at 2130 Morning Sun Lane, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$207,932.10 code enforcement lien, for payment of $15,932.10, in relation to Code Enforcement
Special Magistrate case number CEPM20080008180.
CONSIDERATIONS: As a result of code violations at 2130 Morning Sun Lane, the Code
Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner
Graciela Susi in Code Enforcement Case Number CEPM20080008180. The lien was recorded in
the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 382, and the lien
encumbers all real property owned by Graciela Susi. The fine amount of $206,400 is based on
accrued fines for the non - compliance period of 1,032 days at $200 per day pertaining to no
protective barrier surrounding the swimming pool. As a result of a foreclosure action (Case No.
07- 4378 -CA), a Certificate of Title was recorded to Countrywide Home Loans, Inc. on June 22,
2012. Countrywide Home Loans, Inc. brought the property into compliance on October 2, 2012.
Pursuant to the Board of County Commissioner's (BCC's) Resolution 2012 -46, Code
Enforcement liens and fines on a property that has new ownership, fines that accrued prior to
transfer of title and thirty days following transfer of title would be considered for waiver as long
as the new owner has diligently pursued abatement and compliance has been achieved. The
property is in compliance and an amount of $15,932.10 has been paid. This represents $14,400
in fines for 72 days after transfer of title, $1,414.40 in County abatement costs and $117.70 in
operational costs.
FISCAL IMPACT: Payment of $15,932.10 represents the County's costs and fines. If
approved by the Board, accrued fines in the amount of $192,000 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 $192,000, accept
payment of $15,932.10 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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12/11/2012 Item 16.A.30.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.30.
Item Summary: Recommendation to approve the release of lien in the amount of
$207,932.10 for payment of $15,932.10, in the Code Enforcement Action entitled Board of
County Commissioners vs. Graciela Susi, Code Enforcement Case Number CEPM20080008180,
relating to property located at 2130 Morning Sun Lane, Collier County, Florida.
Meeting Date: 12/11/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
11/13/2012 3:26:26 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 11/15/2012 6:15:05 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/16/2012 1:58:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/16/2012 3:18:38 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/21/2012 1 :04:07 PM
Name: Klatzkowleff
Title: County Attorney
Date: 11/21/2012 2:18:00 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 11/27/2012 3:27:08 PM
12/11 /2012 Item 16.A.30.
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/28/2012 4:12:59 PM
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12/11/2012 Item 16.A.30.
This Instrument Prepared By:
Jeri 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
FLORIDA is the owner ho holder of a
certain lien against all real and personal property owned by:
Graciela Susi,
Respondents
The lien was recorded on June 21, 2012 in Official Records Book 4694, Page 382, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of One Hundred Ten Thousand nine hundred thirty two dollars and ten 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:
HERITAGE GREENS BLOCK B LOT 136
2130 Morning Sun 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form and legal sufficiency
I
Jeff pd ht
Ass i t County Attorney
By:
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Fred W. Coyle, Chariman