Agenda 05/25/2010 Item #16A 3
Agenda Item No. 16A3
May 25,2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs.
Dawn & Linzel T. Jeffrey, CEB Case No. CESD20090003484 relating to
property located at 3141 Pine Tree Drive, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien for payment of $7,918.43, and waive the
remaining $14,370.00 balance on the Lien, in relation to the Code Enforcement
Board action entitled Board of County Commissioners VS. Dawn & Linzel T.
Jeffrey (and Federal National Mortgage Association), CEB Case No.
CESD20090003484.
CONSIDERATIONS: On May 28, 2009, the Code Enforcement Board found
Dawn & Linzel T. Jeffrey (Respondents) in violatiDn of the Collier County Code of
Laws and Ordinances for converting a garage into a living space without first
obtaining Collier County approval, necessary permits, inspections, and certificate
of completion.
Respondents were ordered to correct the violations by applying for and obtaining
all required Collier County building permits, inspections, and certificate of
completion for the conversion of the garage or apply for and obtain a demolition
permit to demolish all unpermitted alterations and returning the structure to its
original permitted state within 120 days of the hearing or a fine of $200 per day
would be imposed until compliance had been met.
On August 14, 2009, Federal National Mortgage Association acquired the
property through foreclosure, Due to non-compliance and based on the previous
order, the Code Enforcement Board entered an order dated October 22, 2009
imposing a lien ("Lien"). The Lien was recorded at O,R. Book 4506, Page 2284,
et seq., of the Official Public Records of Collier County. Federal National
Mortgage Association brought the property into compliance on January 14, 2010.
Based on accrued fines for the noncompliance period of 111 days at $200 per
day, the accrued Lien amount is $22,288.43, which includes $88.43 in
operational costs.
Federal National Mortgage Association has offered a settlement amount of
$7,918.43 for release of the lien and has expended $3,270 to bring the property
into compliance.
FISCAL IMPACT: If approved by the Board, remaining fines in the amount of
$14,370.00 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No, 16A3
May 25, 2010
Page 2 of 4
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board accept the settlement offer of $7,918.43,
and release the Lien described herein, for payment received from Federal
National Mortgage Association, in relation to the Code Enforcement Board action
entitled Board of County Commissioners VS. Dawn & Linzel T. Jeffrey (and
Federal National Mortgage Association), CEB Case No. CESD20090003484,
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, 16A3
May 25,2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve the Proposed Settlement providing for Compromise and
Release of Liens for the Code Enforcement Action entitled Board of County Commissioners
vs, Dawn and Linzel R, Jeffrey, Code Enforcement Case No, CESD20090003484 relating to
property located at 3141 Pine Tree Drive, Naples, Florida,
5/25/20109:00:00 AM
Date
Prepared By
Marlene Stewart
Community Development &
Environmental Services
Administrative Secretary
Code Enforcement
4/1/20104:18:20 PM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
4/2/2010 1 :28 PM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
4/2/20102:39 PM
Approved By
Date
Jeff Klatzkow
County Attorney
4/2/20103:10 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
4/5/2010 11 :06 AM
Nick Casalanguida
Date
Approved By
Transportation Division
Director ~ Transportation Planning
Transportation Planning
4/9/20107:50 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
4/12/201010:14AM
Date
Approved By
Michael Sheffield
Assistant to the County Manager
County Managers Office
5/14/2010 4:40 PM
Agenda Item No, 16A3
May 25. 2010
Page 4 of 4
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:
Federal National Mortgage Association, Respondent
The lien was recorded on November 5, 2009, in Official Records Book 4506, Pages
2284, et seq" in the Official Records of Collier County, State of Florida. The lien
secures the accrued sum of twenty-two thousand two hundred eighty-eight dollars and
forty-three 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:
3141 Pine Tree Drive. Naples, 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 of this 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:
Deputy Clerk
By:
Fred W, Coyle. Chaimnan
,d as to form and legal sufficiency
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