Agenda 04/13/2010 Item #16A 7
Agenda Item No. 16A7
April 13, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs.
Janet Peralta, Special Magistrate Case No, 2007-050023, relating to
property located at 2365 55th Terrace SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien and waive the $209,000 balance on the lien in
relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners VS. Janet Peralta, Special Magistrate Case No. 2007-
050023.
CONSIDERATIONS: On November 2, 2007, the Code Enforcement Special
Magistrate found Janet Peralta (Respondent) in violation of the Collier County
Code of Laws and Ordinances for numerous minimum housing violations.
Respondent was ordered to correct the violations by correcting all minimum
housing violations noted in the Property Maintenance Inspection Report on or
before November 9, 2007, or a fine of $250 per day would be imposed until
compliance had been met. The order, together with the Inspection Report, was
recorded on November 27,2007, at OR Book 4305, Pages 2891-97.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order dated January 18, 2008, imposing a lien ("Lien"). The Lien was
recorded on February 6, 2008, at O.R. Book 4327, Page 2186, et seq., of the
Official Public Records of Collier County. The property was never brought into
compliance by the Respondent.
In October 2008, mortgage holder Bank United FSB commenced foreclosure
proceedings against this property. Because the County held this Lien, the
County was named in the foreclosure action. Shortly thereafter, the Bank
dismissed its foreclosure action, and the property was sold in a short sale
transaction (between private parties) in September 2009. As a result, the
County's counterclaim is pending disposition.
The short sale buyer was Dina Merino. Ms. Merino has stated that she agreed to
make all necessary repairs when she purchased the property, since neither the
seller nor the Bank would agree to pay for any repairs. On February 25, 2010,
Ms, Merino brought the property into compliance. Based on the ordered fines for
the noncompliance period of 836 days, at $250 per day, the accrued Lien amount
is $209,000.
Ms. Merino is requesting a waiver of the $209,000 in accrued fines and a release
of the Lien. Operational Costs in the amount of $323.20 have been paid by Ms.
Merino.
Agenda Item No, 16A7
April 13, 2010
Page 2 of 5
FISCAL IMPACT: Ms. Merino has paid the Operational Costs of $323.20 for
consideration of this lien release. If approved by the Board, accrued fines in the
amount of $209,000 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: As noted above, the County currently has an
outstanding counterclaim in Case No. 2008-7583-CA, in which it is asserting its
Lien interest. If this item is approved, the counterclaim will be voluntarily
dismissed and the Lien will be forever relinquished.
This item is legally sufficient for Board action, -JW
RECOMMENDATION: That the Board waive the fines and release the Lien
recorded at OR Book 4327, Page 2186, et seq., of the Official Public Records of
Collier County for payment of $323.20 for operational costs, in relation to the
Code Enforcement Board action entitled Board of County Commissioners vs.
Janet Peralta., Case No. 2007-050023. And by approval of this item, authorize
the Chairman to sign the attached Release and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A7
April 13, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners VS, Janet Peralta, Special Magistrate Case
No, 2007-050023, relating to property located at 2365 55th Terrace SW, Collier County,
Florida,
4/13/20109:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
3/18/201011:28:54 AM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director ~ Code Enforcement
Code Enforcement
3/18120104:50 PM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
3/23/2010 4:33 PM
Approved By
Date
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
3/24120103:51 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3/30/20108:57 AM
Nick Casalanguida
Date
Approved By
Transportation Division
Director - Transportation Planning
Transportation Planning
3/31/20108:26 AM
Approved By
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
4/1120109:04 AM
Date
Approved By
Mark Isackson
Office of Management &
Budget
ManagementfBudget Analyst, Senior
Office of Management & Budget
4/5/20106:36 PM
Agenda Item No. 16A7
Aprii 13, 2010
Page 4 of 5
This Instrument Prepared By:
Marlene Serrano
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:
Janet Peralta, Respondent
The lien was recorded on 02/06/2008 in Official Records Book 4327, Page 2186, et
seq., in the Official Records of Collier County, State of Florida. The lien secures the
accrued sum of Two Hundred and Nine Thousand dollars zero cents, plus costs,
accrued interest, and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
2365 55th Terrace SW, Collier County, Florida
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges full 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.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording ofthis Release and
Satisfaction of Lien, by action of the Board on this day of
,2010.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
Agenda Item No. 16A7
April 13, 2010
Page 5 of 5
February 24, 2010
Collier County Code Enforcement
Community Development and Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Reference Property Address:
Case:
2365 55th Terr SW, Naples, FL
2007050023
To Whom It May Concern:
That I, Dina Merino, I agreed to make all necessary repairs when I
purchased the property. This was a short sale and neither the seller nor the
bank would agree to pay for any repairs.
I believe that I have brought the property up to code requirement and have
actually done more than required.
Kindly remove the outstanding lien as it's attached to my property.
Contact phone # 239-272-5094
Thank you for your assistance in this matter.
Sincerely,
-",' "'..~,
c:~ L. ..R-;,~~._-
Dina Merino