Agenda 10/26/2010 Item #16A 5Agenda Item No. 16A5
October 26, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve Release and Satisfactions of Lien for five separate
Code Enforcement cases.
OBJECTIVE: To have the Board approve waiver of fines and authorize the Chairman
to sign Release and Satisfactions of Lien in relation to the code enforcement actions
described below.
CONSIDERATIONS:
OSM Case No. 2007070252: As a result of code violations at 824 98th Ave North,
the Code Enforcement Special Magistrate ordered the imposition of a lien against the
owner, Humberto L. Jaen, in Special Magistrate Case No. 2007070252. The lien was
recorded in the Official Public Records on January 18, 2008, at O.R. 4332, Page 0511,
and it encumbers all real and personal property owned by Mr. Jaen. Based on accrued
fines for the non - compliance period of 538 days at $250 per day, the accrued lien
amount is $134,500. The operational costs in the amount of $337.08 have been paid.
On August 6, 2008, Sun Trust Mortgage Inc. obtained title through foreclosure to
property known as 3891 Estey Avenue, which was also owned by Mr. Jaen. Greenberg
Traurig, P.A. representing Sun Trust Mortgage, Inc. which has offered a settlement
amount of $675 to release the lien on 3891 Estey Avenue. There are no code violations
on this property. Sun Trust Mortgage is requesting a waiver of fines since the violation
occurred prior to their ownership of the property.
OSM Case No. 2007080695: As a result of code violations at 6101 Taylor Road,
Immokalee, the Code Enforcement Special Magistrate ordered the imposition of a lien
against the owner, Richard K. Cruce. The lien was recorded in the Official Public
Records on November 20, 2008, at O.R. 4408, Page 3648. The property was brought
into compliance on June 30, 2010. Based on accrued fines for the non - compliance
period of 632 days at $100 per day, the accrued lien amount is $63,200. Operational
costs of $117.52 have been paid. Mr. Cruce is an existing property owner, the property
is in compliance and the fines are no longer accruing. The property owner diligently
pursued abatement as finances allowed and is requesting a waiver of fines and a
release of lien.
OSM Case No. CEPM20080007331: As a result of code violations at 4654 24th
Place SW, the Special Magistrate ordered the imposition of a lien against the owners,
Dian and June Edwards. The lien was recorded in the Official Public Records on
November 5, 2009, at O.R. 4506, Page 2349. The property was brought into
compliance on October 19, 2009. Based on accrued fines for the noncompliance period
of 378 days at $250 per day, the accrued lien amount is $105,750 which includes
additional fines of $11,250. Operational costs of $118.04 have been paid.
Agenda Item No. 16A5
October 26, 2010
Page 2of8
On January 14, 2010 HSBC Bank USA National Trust obtained title through foreclosure
to this property. There are no code violations on this property. HSBC is requesting a
waiver of fines since the violation occurred prior to HSBC Bank USA ownership of the
property.
OSM Case No. CEPM20090002302: As a result of code violations at 5023 24th Ave
SW, the Special Magistrate ordered the imposition of a lien against the owner, Lortoni
Cardenas. The lien was recorded in the Official Public Records on September 18,
2009, at O.R. 4492, Page 3343. Based on accrued fines for the noncompliance period
of 348 days at $250 per day, the accrued lien amount is $87,000. Operational costs of
$117.96 have been paid.
On March 23, 2010, Wells Fargo Bank, N.A. obtained title, through foreclosure. The
property was brought into compliance on June 28, 2010 by the bank. Wells Fargo Bank,
N.A. through American Home Mortgage c/o Powerlink is requesting a waiver of fines
and a release of the lien.
CEB Case No. 2003101183: As a result of code violations at 11339 Tamiami Trail East,
the Code Enforcement Board (Case CEB: 2004 -035) ordered the imposition of a lien
against the owner, Seven Stores, Ltd and The Circle K Corporation. The lien was
recorded in the Official Public Records on February 8, 2005, at O.R. 3730, Page 2037.
Based on accrued fines for the noncompliance period of 2,038 days at $25 per day, the
accrued lien amount is $50,950. Operational costs of $1,076.25 were also assessed.
The title of this property was transferred on April 1St, 2009 to L &R Ram, LLC DBA The
Green Store Food Mart. The new property owner abated the violations and paid the
operational costs in the amount of $1,076.25. There are no code violations on this
property. L &R Ram, LLC is requesting a waiver of fines since the violation occurred
prior to their ownership of the property.
PASCAL IMPACT: If approved by the Board, accrued fines in the amounts described in
this summary 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 in relation to the code
enforcement actions, and by approval of this item, authorize the Chairman to sign the
attached Release and Satisfactions of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation.
ATTACHMENTS: Five (5) Release and Satisfactions of Lien
Agenda Item No. 16A5
October 26, 2010
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A5
Item Summary: Recommendation to approve Release and Satisfactions of Lien for five separate Code
Enforcement cases.
Meeting Date: 10/26/2010 9:00:00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Environmental Services
Code Enforcement
1014/2010 4:13:40 PM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
101512010 1:26 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
10/5/2010 3:04 PM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
101512010 6:31 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
10/8/2010 1:42 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
10112/2010 1:01 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/1412010 12:08 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management &
Budget
Office of Management & Budget
10/15/2010 12:25 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
10/16/2010 2:38 PM
Agenda Item No. 16A5
October 26, 2010
Page 4 of 8
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:
Seven Stores, Ltd. and The Circle K Corporation
and Michael Martin, CPA, Reg. Agent, Respondents
The lien was recorded on February 8, 2005 in Official Records Book 3730, Pages 2037-
2038, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of three thousand five hundred one dollars and twenty -five cents, plus
accrued penalties, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
11339 Tamiami Trail East, Naples, FL
Folio No. 62250320002
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
By:
Deputy Clerk
Approv d as to form and legal sufficiency
Jeff right
Assik,aht County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Agenda Item No. 16A5
October 26, 2010
Page 5 of 8
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:
Lortoni Cardenas, Respondent
The lien was recorded on September 18, 2009 in Official Records Book 4492, Pages
3343 -3344, in the Official Records of Collier County, State of Florida. The lien secures
the principal sum of twelve thousand eight hundred sixty-seven dollars and ninety -six
cents, plus accrued penalties, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
5023 24"' Avenue SW, Naples, FL
Folio No. 36111400000
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
By:
Deputy Clerk
Approved as to form and legal sufficiency
J ff Wright
Absidtant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Agenda Item No. 16A5
October 26, 2010
Page 6 of 8
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:
Richard K. Cruce, Respondent
The lien was recorded on November 20, 2008 in Official Records Book 4408, Pages
3648 -3652, in the Official Records of Collier County, State of Florida. The lien secures
the principal sum of three thousand three hundred seventeen dollars and fifty -two cents,
plus accrued penalties, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
6101 Taylor Road, Immokalee, FL
Folio No. 00059520007
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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
In
Deputy Clerk
Approved as to form and legal sufficiency
J ff E Wright
As ' ant County Attorney
By:
Fred W. Coyle, Chairman
Agenda Item No, 16A5
October 26, 2010
Page 7 of 8
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:
Dian Edwards and June Edwards, Respondents
The lien was recorded on November 5, 2009 in Official Records Book 4506, Pages
2349 -2354, in the Official Records of Collier County, State of Florida. The lien secures
the principal sum of ninety -four thousand five hundred dollars, plus accrued penalties,
and imposes certain obligations against real property situated in Collier County, Florida,
which property is described as follows:
4654 24'"' Place SW, Naples, FL
Folio No. 35981560003
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
12010.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jej E. hlVright
As 's nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Agenda Item No. 16A5
This Instrument Prepared By: October 26, 2010
Jeff E. Wright , Assistant County Attomey Page 8 of 8
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples,' FL 34112
(239) 252 -8400
PARTIAL RELEASE 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:
Humberto L. Jaen, Respondent
The lien was recorded on February 22, 2008 in Official Records Book 4332, Pages 511-
514, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of seventeen thousand eight hundred thirty -seven dollars and eight cents,
plus accrued penalties.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release of Lien, acknowledges partial payment and hereby cancels and releases the
lien in relation to the following property only.
3891 Estey Avenue, Collier County, Florida
Folio No. 26630080005
The Board of County Commissioners hereby acknowledges that the lien ceases to exist
as to the above described property only, and that the lien shall remain in full force and
effect with respect to all other real and personal property owned by Respondent.
IN WITNESS WHEREOF, the Board
Florida, acting through its Chairman
Release of Lien, by action of
2010.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
of County Commissioners of Collier County,
directs execution and recording of this Partial
the Board on this day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal sufficiency
t
J ff Wright
A taut County Attorney
By:
Fred W. Coyle, Chairman