Agenda 10/27/2009 Item #16A 7Agenda Item No. 16A7
October 27, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve 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 approve a proposed
settlement with 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 $24,080 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 a lien. The Order Imposing Fine/Lien, which provided
for continuing accrual of fines, was recorded at O.R. Book 4460, Page 2907, of
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) 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 deposited $24,080, representing fifty percent (50%) of the
lien amount, less the bank's expenditures to bring the property into compliance.
FISCAL IMPACT: The Bank has paid $24,080 for consideration of this
settlement offer (via two separate payments, one for $2,979.19 and the other for
$21,100.81). 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 $47,319.19 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
Agenda Item No. 16A7
October 27, 2009
Page 2 of 4
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: Diane Flagg, Code Enforcement Director
rage i or t
Agenda Item No. 16A7
October 27, 2009
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A7
Item Summary: Recommendation to approve 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.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Marlene Serrano
Investigative Supervisor
Date
CDES
Code Enforcement
10/912009 4:38:01 PM
Approved By
Diane B. Flagg
Code Enforcement Director
Date
Community Development &
Code Enforcement
10/9/2009 7:01 PM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
10112/2009 4:50 PM
Environmental Services
Environmental Services Admin.
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
10/1312009 12:05 PM
Environmental Services
Environmental Services Admin.
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
1011412009 8:19 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/1412009 9:42 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/14/2009 3:20 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1011512009 3:45 PM
file: / /C: \AgendaTest \Export\137 - October 27,2009\16. CONSENT AGENDA \16A. COM... 10/21/2009
Agenda Item No. 16A7
October 27, 2009
Page 4 of 4
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated May 28, 2009, a certified copy of which was recorded on June
10, 2009, in O.R. Book 4460, Page 2907, et seq., of the Public Records of Collier
County, Florida, against the following described real property, and all other real and
personal property located in Collier County, owned by Deutsche Bank Trust Co.,:
Location: 2414 581h Avenue NE, Naples, Collier County
Cost: $ 24,080.00 (by negotiated settlement)
Reference: CEB Case No. 2007080008
The undersigned is authorized to and does hereby release this lien as to the
whole of the above described real property, and all other real and personal property
owned by Deutsche Bank Trust Co., and consents to this lien being discharged of
record.
Dated this day of , 2009.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
in
Deputy Clerk
Approved as to form and legal sufficiency
Jeff Wright
Assistant County Attorney
By:
Donna Fiala, Chairman