Agenda 09/13/2011 Item #16A109 /13/2011 Item 16.A.10.
EUCUUVE SUMMARY
Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of
County Commissioners vs. Robert Custer, Code Enforcement Special Magistrate Case No. CEEPM
2009- 0001763, relating to property located at 29 Covey Lane, Collier County, Florida.
OEJECTJVE: That the Board of County Commissioners (Board) approve the release of a. code
enforcement lien for payment of $1,233.05, in relation to the Code Enforcement Special Magistrate
"OSW) action entitled Board of County Commissioners vs. Robert Custer, OSM Case No. CEPM- 2009
0001763.
COW— RgRATIONS: On October 16, 2009, the Special Magistrate found Robert Custer (Respondent) in
violation of the Collier County Code of Laws and Ordinances relating to property located at 29 Covey
Lane for an infe-station of bees located underneath the rear of the mobile home. A written order was
recorded on November 5, 2009 at O.R. Book 4506, Page 3111.
Based on the above order, the Special Magistrate entered a lien order, which was recorded on May 7,
2010, at O.R. Book 4564, Page 1301, of the Official Public Records of Collier County. The lien
encumbers all real and personal property owned by Robert Custer, including 29 Covey Lane. By the time
the lien was entered, the violation had already been abated by the County (as of November 18, 2009).
Third Federal Savings & Loan holds a first mortgage on 29 Covey Lane, and on November 2, 2010,
initiated foreclosure proceedings against the property (Case No. 10- 6420 -CA). The County was named as
a party due to its lien against the property. The County filed a counterclaim, asserting the priority- of its
lien, in the amount of $7,388.05 (the full accrued Bien. amount). In order to avoid continued litigation
against the County, Third Federal has submitted payment (through their attorney, the Law Offices of
Daniel C: Consuegra, P.L.) in the amount of $1,233.05, representing operational costs of $118.05, $450
in fines, $270 in 'abatement costs and reimbursement of the County's counterclaim fee. of $395. In
exchange for this payment, they are requesting a waiver of $6,550 in accrued fines and release of the
lien, along with dismissal of the County's counterclaim in the foreclosure action.
FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board,
accrued fines in the amount of $6,550 will be waived.
GROWTH ` MANAC�EMC-NT IMPACT: ' There is no growth management impact associated with this
Executive Summary.
LEGAL CONS1DERATIONS: This item is legally sufficient for Board action, and requires a majority vote
for approval. -.1W
RE90J"LF4M TIDN„: That the Board waive the fines and release the lien, as described herein, and by
approval of this item, authorize the Chairman to sign the attached release of lien.
PREPAW PY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENT: Release of lien
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9/13/2011 Item 16.A.10.
n COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10.
Item Summary: Recommendation to appr6ve there {ease of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Robert Custer, Code Enforcement Special
Magistrate Case No. CEPM- 2009 - 0001763, relating to property located at 29 Covey Lane, Collier
County, Florida.
Meeting Date: 9/13/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
8/11/20113:25:51 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES`
Date: 8/12/20118:33:54 AM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 8/12/2011 12 :38:49 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/1=011` 2:35 :08 PM
Name FederNorman
Title: Administrator - Growth Management Div,Transportat
Date: 8/16/2011 1 :5035 PM
Name: WrightJeff
Title: Assistant County Attpmey,County Attorney
Date: 8/30/2011 10:28 :27 AM
Name: KlatzkowJeff
Title: County Attorney,
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9/13/2011 item 16.A.10.
�•� Date: 8/30/20114:02:07 PM
Name: IsacksonMark
Title: Director -Corp Financial and_Mgmt Svs,CMO
Date: 9/2/2011 11:05:38 AM
Name: IsacksonMark
Title: Director -Corp Financial -and Mgmt Svs,CMO
Date: 9/2/2011 12:43:24 PM
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9/13/2011 Item 16.A.10.
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Collier County Attorney's Office
3280 Tornianni Trail East
Naples, Florida 34112
(239) 252-8400
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
C{]K8K8|SS|[>NEFlS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien against all real and personal property owned by:
Robert Custer, Respondent
The lien was recorded on May 7. 2010. in Official Records Book 4564. Pages 1301-02.
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of seven thousand three hundred eighty-eight dollars and five cents.
Collier CoVnty, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges payment and hereby cancels and releases the lien in relation to
the following property, and any other real or personal property owned by Respondent:
29 Covey Lane, Naples, Florida
Folio No. O88S116OOO7
IN WITNESS WHEREOF, the Board of County Commissioners
Florida, acting through its Chairman directs execution and recording
Lien, by action of the Board on this doy of
ATTEST
DWIGHT E. BRC}CK, Clerk
Deputy Clerk
Approved as to form and legal sufficiency
Jeff E. Woright
Bv�
of Collier County,
of this Release of
.2O11.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Fred VV. Coyle, Chainnan