Agenda 07/27/2010 Item #16A 7Agenda Item No, 16A7
July 27, 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. Jason Bottiglia,
Code Enforcement Special Magistrate Case No. 2007100032, relating to property
located at 102 Cedar Crest Court, Collier County, Florida. (Revenue received
$203.41)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $203.41, and waive the $292,500 balance on the
lien, in relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners vs. Jason Bottiglia, Case No. 2007100032.
CONSIDERATIONS: On January 4, 2008, the Code Enforcement Special Magistrate
found Jason Bottiglia (Respondent) in violation of the Collier County Code of Laws and
Ordinances for an unsecured pool screen enclosure and pool water in green, algaed
and stagnate water. A written order was recorded on January 24, 2008, at O.R. Book
4324, Pages 78 -79.
Respondent was ordered to correct the violations by:
1. Securing the upper half of the pool screen door by either the repair or
replacement of the screen on or before January 9, 2008, or a fine of $250 per
day would be imposed until compliance had been met.
2. Correct the condition of the pool water by eliminating the safety hazard and the
harboring of any infestation and by correcting the stagnant and algaed water and
maintaining the water in such a manner as to be free from unsightly appearance,
including but not limited to, mold, litter and debris, on or before January 11, 2008,
or a fine of $250 per day would be imposed until compliance had been met.
Due to non - compliance and based on the above order, the Code Enforcement Special
Magistrate entered an order dated May 16, 2008, imposing a lien ( "Lien "). The Lien was
recorded on June 5, 2008, at O.R. Book 4367, Pages 0427, of the Official Public
Records of Collier County. The property was never brought into compliance by the
Respondent.
The property was brought into compliance on August 19, 2009 by Countrywide Home
Loans Inc. c/o Federal National Mortgage Association (lender) who acquired this
property during the foreclosure process, by re- boarding the pool, and re- securing the
pool with wire mesh and plastic sheeting. The pool water has been treated and
drained /evaporated.
Federal National Mortgage (through its loan servicing company) has submitted payment
in the amount of $203.41, representing the operational costs. In exchange for this
Agenda Item No, 16A7
July 27, 2010
Page 2 of 4
payment, they are requesting a waiver of $292,500 in fines that accrued prior to their
taking title, and a release of the lien.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $292,500
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 waive the fines and release the Lien recorded at
O.R. Book 4367, Page 0427, of the Official Public Records of Collier County, in relation
to the Code Enforcement Special Magistrate action entitled Board of County
Commissioners vs. Jason Bottiglia, Case No. 2007100032 and by approval of this item,
authorize the Chairman to sign the attached Release and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Release and Satisfaction of Lien
Agenda Item No. 16A7
July 27, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A7
Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Jason Bottiglia, Code Enforcement Special
Magistrate Case No. 2007100032.. relating to property located at 102 Cedar Crest Court, Collier
County, Florida.
Meeting Date: 7127/2010 9'.00'00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development 8
Code Enforcement
71912010 10:24:15 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
71912010 10:42 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
71912010 1:45 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/912010 2:51 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7113/2010 8:19 AM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
711312010 10:41 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/1312010 1:07 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/13!2010 2:43 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
711412010 11:23 AM
Agenda Item No 16A7
July 27. 2010
Page 4 of 4
This Instrument Prepared By:
Jeff E. Wright , Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 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 a
certain lien against all real and personal property owned by:
Jason Bottiglia, Respondent
The lien was recorded on June 5, 2008, in Official Records Book 4367, Pages 427 et
seq. The lien secures the principal sum of sixty -three thousand two hundred three dollars
and forty -one cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, which property is
described as follows:
102 Cedar Crest Court, Naples, Florida
Folio No. 54850840000
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
acting through its Chairman
Satisfaction of Lien, by
, 2010.
ATTEST
DWIGHT E. BROCK, Clerk
Z
Board of County Commissioners of Collier County, Florida,
directs execution and recording of this Release and
action of the Board on this day of
Deputy Clerk
Approved as to form and legal sufficiency
Jeff right
Assi4t4nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman