Agenda 07/28/2009 Item #10CAgenda Item No. 10C
July 28, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to consider a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action entitled
Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located
at 2414 58th Avenue NE, Naples, Florida.
OBJECTIVE: ' That the Board of County Commissioners consider a proposed
settlement with Watson Title Insurance Inc. on behalf of Deutsche Bank Trust
Co., to release code enforcement liens, fines, civil penalties and operational
costs in the total amount of $71,399.19 in exchange for payment of $2,979.19, in
the Code Enforcement Board action entitled Collier County v. Deutsche Bank
Trust Co, CEB No. 2007080008.
CONSIDERATIONS: On April 24, 2008, The Code Enforcement Board found
Melkys Borrego (Respondent) in violation of the Collier County Land
Development Code for a garage enclosure with no permits, converted into living
space with full size bathroom, kitchen, living room, laundry room, and bedrooms.
Respondent was ordered, to obtain a Collier County Building Permit or
Demolition Permit for the garage enclosure and alterations, all inspections, and
obtain a certificate of occupancy within 120 days, or a fine of $250 per day would
be imposed until the property was brought into compliance.
Based on the above order, the Code Enforcement Board entered an order (dated
May 28, 2009) imposing the lien. The Order Imposing Fine/Lien, which provided
for continuing accrual of fines, was recorded at O.R. Book 4460, Page 2907, et
seq., of the Official Public Records of Collier County. The property was brought
into compliance by Deutsche Bank (who acquired the property through
foreclosure action) by removing the unpermitted enclosure on June 2, 2009.
When calculated at $250 per day for the noncompliance period of 284 days,
combined with $399.19 in operational costs, the accrued lien amount is
$71,399.19,
Deutsche Bank has proposed to settle this matter for less than five percent (5%)
of the lien amount; $2,979.19. Other bank settlement offers have been in the
range of fifty percent of the lien amount.
FISCAL IMPACT: The Bank has paid the $2,979.19 for consideration of this
settlement offer. These funds have been deposited into the Code Enforcement
Board Fines Revenue Account MSTD General Fund 111. If the settlement offer
is approved by the Board, the remaining fines in the amount of $68,420.00 will be
waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No. IOC
July 28, 2009
Page 2 of 5
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency
and there are no outstanding legal considerations. This item is not quasi-judicial,
and no ex parte disclosures are required. Approval of settlement offer requires a
simple majority vote. This item is legally sufficient for Board action. -JW
RECOMMENDATION:i The proposal settlement offer is less than five percent
(5%) of the lien amount and staff does not recommend acceptance as historically
the Board has accepted bank settlement offers of approximately fifty percent of
the lien amount. If the Board approves the proposed settlement offer, authorize
the Chairman to sign the attached Release and Satisfactions of Lien.
PREPARED BY: Diane Flagg, Code Enforcement Director
Page 1 of 1
Agenda Item No. 10C
July 28, 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10C
Item Summary: Recommendation to consider a Proposed Settlement providing for Compromise and Release
of Liens in the Code Enforcement Action entitled Deutsche Bank Trust Co.. CEB No.
2007080008 relating to property located at 2414 58th Avenue NE, Naples, Florida. Diane B.
Flagg, Director, Code Enforcement, CDES)
Meeting Date: 7/28/2009 9:00 00 AM
Prepared By
Community Development &
Date
Marlene Serrano
Investigative Supervisor
Date
CDES
Code Enforcement
7/13/2009 9:21:59 AM
Approved By
Environmental Services Admin.
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/16/2009 8:21 AM
Approved By
Office of Management & Budget
7/1712009 10:13 AM
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/16/2009 10:53 AM
Approved By
Office of Management & Budget
7/17/2009 1:28 PM
Diane B. Flagg
Code Enforcement Director
Date
Community Development &
Code Enforcement
7116/2009 4:41 PM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
711612009 4:56 PM
Environmental Services
Environmental Services Admin.
Approved By
Joseph K. Schmitt
Community Development &
Date
Environmental Services Adminstrator
Community Development &
Community Development &
711612009 5:26 PM
Environmental Services
Environmental Services Admin.
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1712009 10:13 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/17/2009 1:28 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
County Manager's Office 712112009 1:03 PM
Commissioners
f le: / /C:\AgendaTest\ Export\ 133 -July% 2028,% 202009 \10. %2000UNTY %20MANAGER %... 7/22/2009
WATSON TITLE
INSURANCE, INC.
July 8, 2009
Ms. Diane Flagg
Director of Code Enforcement
Collier County — Code Enforcement
2800 Horseshoe Drive N.
Naples, Florida 34104
Agenda Item No. 10C
July 28, 2009
1901 West Cypress Creek Road, 3f0 Floor Page 4 of 5
Fort Lauderdale, FL 33309
Main: (954) 771 -5522 Ext.647
Fax: (954) 928 -1563
EMail: andrew.velez @marshallwatson.com
RE: Lien Reduction Request for CEB No. 2007080008
2414 58 h Avenue NE, Naples, Florida 34120
Folio #: 38840840007
Our file No. 28- 05857 -FL
Dear Ms. Flagg;
On behalf of our client Deutsche Bank, enclosed please find a proposed settlement offer for
the lien filed in favor of Collier County for the above referenced property. I seek to obtain a
partial release for real property only.
I respectfully request that you consider in favor of the offer to reduce the lien to $2,979.19
based on the following facts:
• The property was acquired through foreclosure action.
• The previous owner committed the violations.
• The violations were corrected and property was set into compliance.
• The bank has incurred the cost of the repairs and corrections.
• The bank has and continues to incur the cost of property maintenance.
Our client would like to provide clear marketable title to new ownership as soon as possible.
I request consideration in favor so as to not to burden the potential sale of the subject
property.
Thank you for your assistance and attention to this matter. Please don't hesitate to contact
me, should you have any questions or require any additional information.
Respectfully,
Andrew J. Velez
WATSON TITLE
INSURANCE, INC.
July 8, 2009
Agenda Item No. 10C
July 28, 2009
1901 West Cypress Creek Road, 3f° Floor Page 5 of 5
Fort Lauderdale, FL 33309
Main: (954) 771 -5522 Ext.647
Fax: (954) 928 -1563
EMail: andrew.velez @marshallwatson.com
SETTLEMENT OFFER FOR RELEASE OF LIEN
Lien: OR Book: 4356 PG: 1845
CEB No. 2007080008
Property Owner. Deutsche Bank Trust Company Americas as Trustee
Property Address: 2414 58`h Avenue NE
Naples, Florida 34120
Folio #: 38840840007
LIEN AMOUNT: $71,399.19 ($71,000 lien + $399.19 operational cost)
REQUESTED LIEN REDUCTION CONSIDERATION: $14,200.00 (20 % of lien amount)
TOTAL EXPENDITURES (Cost to Property Owner) $11,620.00
Property maintenance to date $1,320.00
Cost of code repairs $8,800.00
-
Misc costs $1,500.00
SETTLEMENT OFFER: $2,979.19
($2,880.00 + 399.19(operationai cost))