Agenda 12/13/2011 Item #16A 712/13/2011 Item 16.A.7.
EXECUTIVE SAY
Recommendation to reject an offer to settle a S59,281.15 code enforcement lien for payment of $5,000
OBJECTIVE: That the Board of County Commissioners (Board) reject an offer to settle a $59,281.15
code enforcement lien for payment of $5,000.
CONSIDERATIONS: The Code Enforcement Department received a settlement offer from the Law
Offices of Bakalar & Topouzis, P.A.; representing Wells Fargo Bank, N.A. as Trustee, in relation to the
Code Enforcement Board action entitled Board of County Commissioners vs. Treasure B. & Jeff
Ahlbrandt, Case No. CESD2009- 0012965. On February 4, 2010, the Code Enforcement Board found
Treasure B. & Jeff • Ahlbrandt (Respondents) in violation of the Collier County Code of Laws and
Ordinances fort "enclosing the porch and added a wooden shed with no permits" on the property located
at 6090 Painted Leaf lane, Naples, FL:
+ went was ordered to correct the violations by, applying for and obtaining a valid Collier County
iur`ldrng permit and bringing property into compliance on or before January 28, 2010, "or a fine of $200
per day" would be imposed until compliance is confirmed. This order was recorded in the official public
records on February 15, 2010, in 0. R. Book 4537, Page 1725.
Due to non - compliance and based on the above order, the Code Enforcement Board entered an order
dated April 27, 2010, imposing a lien ( "Lien Order"). The Lien Order was recorded in the official public
records on May 6, 2010, at O.R. Book 4563, Page 1691. The accrued lien amount is $59,281.15 which '
includes operational costs in the amount of $81.15.
On August 17, 2010, Wells Fargo Bank, N.A. received title to the property through foreclosure. The
property was brought into compliance on December 21, 2010, by Wells Fargo Bank (approximately 4
months after taking tittle). Under 4.1.D. of Resolution 2010 -101, which provides consideration for a
reduction of fines for new ownership, the reduced fine amount is $25,281.15, which represents the non-
compliance period of 126 days beginning from the date of Wells Fargo's acquisition and ending on the
compliance date, calculated at $200 per day, plus $81.15 in operational costs.
Wells Fargo. Bank has offered a settlement amount of $5,000.00. This offer exceeds the county's
expended cost to prosecute the violation, record and enforce the lien however, this offer is $20,281.15
less than the reduced fine amount calculated by the provision under 4.1.13. of Resolution 2010 -101 which
states as follows: "For code enforcement liens and fines on a property that has new ownership, fines that
accrued prior to transfer of title would be considered for waiver so long as the new owner has diligently
pursued abatement and compliance has been achieved."
The Law Offices of Bakalar & Topouzis, P.A. have indicated a good faith deposit will not be made,
however, agrees that payment will be received by December 31, 2011 as a condition of acceptance of
this settlement offer by the BCC.
FISCAL IMPACT: If the settlement offer is accepted, the lien will be released once payment is received
and the remaining fines of $54,281.15 will be waived.
GROWTH MANAGEMENT UNPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Although the lien was
recorded after the foreclosure lis pendens, Section 162.07(4), Florida Statutes, provides that the owner
and successors in interest are bound by the original order, and does not provide any exception where a
lis pendens has been filed. -,JW
Packet Page - 1119
12/13/2011 Item 16.A.7.
RECOMMENDATION: That the Board reject the settlement offer and conditions of payment described
herein.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
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12/13/2011 Item 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
Item Summary: Recommendation to reject an offer to settle a $59,281.15 code
enforcement lien for payment of $5,000.
Meeting Date: 12/13/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
11/7/2011 10:42:19 AM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
11/7/2011 10:42:20 AM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 11/9/20113:03:34 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/15/20119:41:51 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/15/2011 10:24:01 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/15/2011 1:28:26 PM
Name: CasalanguidaNick
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12/13/2011 Item 16.A.7.
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/21/2011 10:03:52 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/21/2011 1:36:31 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/21/20113:14:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:34:38 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20113:23:30 PM
Packet Page -1122-