Agenda 05/25/2010 Item #16A10
Agenda Item No. 16A 10
May 25, 2010
Page 1 of?
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs.
Linda L. Hiatt, Kevin Hiatt and Jennifer Hiatt, Code Enforcement Special
Magistrate Case No.CEPM20080005772, relating to property located at 5021
Coronado Parkway, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners approve a proposed
settlement with Wells Fargo Bank. NA, to release a code enforcement lien with
a combined accrued value of $61,932, in exchange for payment of $50,818, in
the Code Enforcement Special Magistrate case Collier County v. Wells Fargo
Bank, NA Case Number CEPM20080005772.
CONSIDERATIONS: On August 15, 2008, the Special Magistrate found Linda L.
Hiatt, Kevin Hiatt and Jennifer Hiatt (Respondents) in violation of the Collier
County Land Development Code for property maintenance and housing
violations consisting of, but not limited to, damage exterior walls, inoperable
exterior lighting, broken windows, torn and/or missing screens, mold and mildew
growth on exterior walls and litter and debris scattered about property. The
Respondent was ordered to correct all violations and obtain interior inspections
of all units on or before September 15, 2008 or a fine of $250 per day would be
imposed until the property was brought into compliance.
Based on the above order, the Special Magistrate entered an order (dated April
17, 2009) imposing a lien. The lien provided for continuing accrual of fines, and
was recorded on April 30, 2009, at O.R. Book 4448, Pages 1286, et seq., of the
Official Public Records of Collier County. The property was brought into
compliance by Wells Fargo Bank, NA (who acquired the property through
foreclosure) on November 10, 2009. When calculated at $250 per day for the
noncompliance period of 451 days, the accrued lien value is $112,750.
Operational costs of $117.60 in this case were paid on April 1 , 2010.
Wells Fargo Bank, NA expended $5,557.93, to bring the property into
compliance and has requested that the Board accept a settlement amount of
$50,818 to release the lien on the property so that it may be sold.
The bank funds and settlement agreement were received prior to the Board
discussion on May 11, 2010 of the revised resolution. This offer exceeds what
would be due under the proposed resolution.
FISCAL IMPACT: The Bank has provided payment of $50,818 for consideration
of their settlement offer; all operational costs have been paid. These funds have
been deposited into the Special Magistrate Fines Revenue Account MSTD
General Fund 111.
Agenda Item No, 16A10
May 25, 2010
Page 2 of 7
If the settlement offer is approved by the Board, the remaining fines in the
amount of $57,074.07 will 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. JW
RECOMMENDATION: That the Board of County Commissioners accepts the
proposed settlement agreement and authorizes the Chairman to sign the
attached Release and Satisfactions of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
ttem Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A10
May 25. 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs, Linda L, Hiatt, Kevin Hiatt and Jennifer
Hiatt. Code Enforcement Special Magistrate Case No, CEPM20080005772, relating to
property located at 5021 Coronado Parkway, Collier County, Florida.
5/25/20109:00:00 AM
Manager ~ Code Enforcement Operations
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Code Enforcement
4/16/20104:55:13 PM
Nick Casalanguida
Director w Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
4/28/20101:14 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Date
Operations Analyst
Community Development &
Environmental Services
5/13/20103:26 PM
Approved By
Assistant County Attorney
Date
Jeff Wright
County Attorney
County Attorney
5/13/2010 3:40 PM
Diane B. Flagg
Director ~ Code Enforcement
Date
Approved By
Community Development &
Environmental Services
Code Enforcement
5/13/20107:07 PM
Approved By
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
5/14/20101:26 PM
County Attorney
Date
Approved By
Jeff Klatzkow
5/14/20103:39 PM
Leo E. Ochs, Jr.
County Manager
Date
Approved By
County Managers Office
County Managers Office
5/17/20106:48 PM
A 9; J Residential Services, llC
3108 Santa 8arbara 8lvd 5te 105/403
Cape Coral FL 33914
TO JlUian Miller/Red Crown Realty
5021 Coronado Pkwy
Naples FL
QTY
_____L UNIT _PRICE _
DESCRIPTION
14
Pressure Wash entire perimeter. exterior ground
level up to around 10' to remove mold and mildew to
satisfy code enforcement and then using a 10% solution
of bleach rinse the same are that was pressured washed
Reglaze broken/missing window 10 ~ x 14" panes of
glass in window unit A
Reglaze broken/missing window 10 15/16 x 10/45/16 in
bathroom unit A
Regtaze broken/missing window 10 l,4 x 14" panel of
glass window in unit B
Exterior: Debris Removal and disposal of washer, pick
up trash on the property
Initial Cut, trimmjng, edging and pruning
Repair opening in drywall that is through to the interior
of the structure. Repair consist of removing 18 sq in of
current stucco, ptacing wire lathe over opening and
reapplying stucco.
Repair aU other holes in the extenor of the structure
type of repair will depend on original surface material
wood Istucco.
Replace existing exterior tight fjxtures
Replace misslngltom screens on rear porches.
Agenda Item No. 16A10
May 25. 2010
Page 4 of 7
Invoice
DATE: FEBRUARY 17. 2010
LINE TOTAL
$425.00
$50
S700.00
$35
$70
$50
550
S275.00
$225.00
5850.00
550
5100
5750
11
I
I
!
I
i
I
Replace window 36x62. missing Lower half of window,
unable to match, entire window needs to be replaced,
includes labor and materials
Replace window 25x50J missing lower half of window
I unable to match, entire window needs to be replaced,
includes Labor and materials.
II Cut down large BraziUan pepper tree- and haul away
debris
I
i
I
I
!
I
Agenda Item No, 16A10
May 25. 2010
Page 5 of 7
$420.21
I
I
!
I
i
I
i
I
I I I
I I !
~ ' I
-----;;:-L I
SUBTOTAL $48S7~ I
SALES TAX I 1
I I
TOTAlIS4857.931
!
S392.n
$600
Agenda Item No. 16A10
May 25,2010
Page 6 of 7
A & J Residential Services LLC
Invoice
3108 Santa Barbara Blvd
Ste 105-403
Cape Coral, FL 339]4
Date
Invoice #
4/t61201O
304
Bill To
Red Crown Realty
Jillian Mifler
5021 Coronado Pkwy
NaplesFL34116
P.O. No. Terms Project
Item Description EstAmt Prior Amt Prior % Qty Rate Curr% Total % Amount
Stairs Replace top stalr tread and 550.00 550.00 ] 00.00% 100.00% 550.00
replace top layer of rnasonite on
upper landing
Stairs Add two 2 x 4 posts to existing 150.00 150.00 ] 00.00% 100.00"10 150.00
stairs for stability
Total $700.00
Payments/Credits $0,00
Balance Due $700.00
Agenda Item No. 16A10
May 25. 2010
Page 7 of 7
This Instrument Prepared By:
Jeff E. Wright
Assistant County Attorney
Office of the Collier County Attorney
3301 E. Tamiami Trail
Naples, Florida 34112
(239) 252-8400
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
certain lien against:
LINDA L. HIATT, KEVIN HIATT and JENNIFER HIATT
The lien was recorded on April 30, 2009, in Official Records Book 4448, Pages 1286, et
seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal accrued sum of one hundred twelve thousand seven hundred fifty dollars, 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:
Folio No, 36110520004
5021 Coronado Parkway, Naples, Florida
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as 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:
By:
Fred W. Coyle, Chairman
Deputy Clerk