Agenda 07/27/2010 Item #16A 8Agenda Item No. 16A8
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. Jeffrey A. Stolz,
Code Enforcement Special Magistrate Case No. CEV- 2008 - 0012174, relating to
property located at 3311 8th Avenue SE, Collier County, Florida. (Revenue
received $700)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $700, and waive the $10,162.78 balance on the
lien, in relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners vs. Jeffrey A. Stolz, Case No. CEV- 2008 - 0012174.
CONSIDERATIONS: On May 1, 2009, the Code Enforcement Special Magistrate found
Jeffrey A. Stolz (Respondent) in violation of the Collier County Code of Laws and
Ordinances for unlicensed and inoperable vehicles parked /stored on Estates zoned
property. A written order was recorded on May 18, 2009, at O.R. Book 4453, Page
2154.
Respondent was ordered to correct the violations by affixing a current tag to the
vehicles, repairing the vehicles so they are operational, or by storing the vehicles in a
completely enclosed structure, or by removing the vehicles from the property on or
before May 7, 2009, or a fine of $50 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 July 24, 2009, imposing a lien ( "Lien "). The Lien was
recorded on August 11, 2009, at O.R. Book 4481, Page 760, of the Official Public
Records of Collier County. The property was brought into compliance on November 30,
2009 by removing the vehicles from the property.
Albertelli Law, representing the mortgage holder has initiated foreclosure proceedings
against the Respondent, and the County was named as a party because it held this
Lien. In an effort to remove the County from the foreclosure case, they have submitted
payment in the amount of $700, representing operational costs of $117.78, the County's
court filing fee of $395, and a nominal penalty amount of $187.22. In exchange for this
payment, they are requesting a waiver of $10,162.78 in fines that accrued prior to their
taking title, and a release of the lien. If this item is approved, the County will be
dismissed from the foreclosure action, which is ongoing.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $10,162.78
will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No. 16A8
July 27. 2010
Page 2 of 4
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 4481, Page 760, of the Official Public Records of Collier County, in relation
to the Code Enforcement Special Magistrate action entitled Board of County
Commissioners vs. Jeffrey A. Stolz, Case No. CEV- 2008 - 0012174 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. 16A8
July 27, 2010
Page 3 of 4
COLLIER COUNTY
._.
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A8
Item Summary:
Recommendation to approve the Release and Satisfaction
of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs.
Jeffrey A. Stolz, Code Enforcement Special
Magistrate Case No CEV20080012174, relating to
property located at 3311 8th Avenue SE,
Collier County, Florida.
Meeting Date:
7/27/2010 9'.00'.00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Cade Enforcement
711312010 2:41:31 PM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
7!1312010 2:44 PM
Environmental Services
Environmental Services
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/1312010 2:54 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
711312010 5:17 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
711412010 11:14 AM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Code Enforcement
7/1412010 1:13 PM
Environmental Services
Approved By
Jeff Klatzkow
County Attorney
Date
711412010 2:58 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
711412010 4:30 PM
Approved By
_.., Mark Isackson
ManagementiBudget Analyst, Senior
Date
Office of Management &
Office of Management & Budget
7/1412010 5:09 PM
Budget
Agenda Item No. 16A8
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, 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 a
certain lien against all real and personal property owned by:
Jeffrey A. Stolz, Respondent
The lien was recorded on August 11, 2009 in Official Records Book 4481, Pages 760, et
seq. The lien secures the principal sum of four thousand seventeen dollars and seventy -
eight 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:
3311 81" Ave. SE, Naples, FL
Folio No. 40934840008
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
By:
Deputy Clerk
Approved as to form and legal sufficiency
eff g. Wright
stant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
Fred W. Coyle, Chairman