Agenda 12/01/2009 Item #16A 8
Agenda Item No. 16A8
December 1, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Lien in the Code Enforcement Action entitled
Kerry Hyppolite, Case No. 2007090300 relating to property located at 2640
Santa Barbara Boulevard, Naples, Florida. (Revenue Received $18,655.74)
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OBJECTIVE: That the Board of County Commissioners (Board) accept a
proposed settlement offer from Bank of America to release a $37,275 code
enforcement special magistrate lien for payment of $18,396 plus operational
costs, in relation to the Code Enforcement Special Magistrate action entitled
Collier County vs. Kerry Hyppolite, Case No. 2007090300.
CONSIDERATIONS: On January 4, 2008, The Special Magistrate found Kerry
Hyppolite (Respondent) in violation of the Collier County Code of Laws and
Ordinances for violation of minimum housing standards by having several broken
windows, no screens and no working air conditioner, and for failure to register a
residentially owned rental property. The Special Magistrate ordered Respondent
to abate the violation by repairing or replacing the broken windows and the air
conditioner on or before January 11, 2008, or a fine of $250 per day will be
assessed for each day the violation continued unabated. Also ordered
respondent to register the property as a rental property and pay all necessary
fees, late fees, and fines required for such registration on or before January 11,
2008 or a fine of $25 per day will be assessed for each day the violation
continued unabated.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order (dated May 16, 2008) imposing a lien. The Order Imposing a
Lien was recorded at OR. Book 4367, Page 0422, of the Official Public Records
of Collier County. The property was brought into compliance by the Respondent
by replacing the broken windows and the air conditioner on June 8, 2008. When
calculated at $250 per day for the non-compliance period of 148 days, the
accrued lien amount is $37,000. Daily fines of $25 per day also accrued for the
rental registration portion of the case which was reduced by the Special
Magistrate to $275. The total lien amount is $37,275.
On November 18, 2009, Bank of America took title to this property via foreclosure
and contacted the County to propose settlement of this lien.
FISCAL IMPACT: Bank of America has paid $18,396 and the Operational Costs
of $259.74 for consideration of this settlement offer. If the settlement offer is
approved by the Board, the remaining fines in the amount of $18,619.26 will be
waived.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No. 16A8
December 1, 2009
Page 2 of 4
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners accept the
settlement offer and approve the release of the lien recorded at O.R. Book 4367,
Pages 0422, et seq., of the Official Public Records of Collier County. By
approval of this item, authorize the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
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Agenda Item No. 16A8
December 1, 2009
Page 3 of 4
COLLIER COUNTY
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BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A8
Meeting Date:
Recommendation to accept a Proposed Settlement providing for Compromise and Release
of Lien in the Code Enforcement Action entitled Kerry Hyppoiite, Case No. 2007090300
relating to property located at 2640 Santa Barbara Boulevard, Naples, Florida.
12/1/20099:00:00 AM
Prepared By
Marlene Serrano Manager ~ Code Enforcement Operations Date
Community Development & Code Enforcement 111161200910:44:58 AM
Environmental Services
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 1111712009 1 :25 PM
Approved By
Joseph K. Schmitt Administrator ~ Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11/17120095:57 PM
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Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 11118120098:34 AM
Approved By
Diane B.-Flagg Director - Code Enforcement Date
Community Development & Code Enforcement
Environmental Services 11118/2009 1 :28 PM
Approved By
Jeff Klatzkow County Attorney Date
11119120099:37 AM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11119120091:50 PM
Approved By
Ma rk Isackson Management/Budget Analyst, Senior Date
Office of Management &
- Budget Office of Management & Budget 111201200910:39 AM
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Agenda Item No. 16A8
December 1, 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
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:
Kerry Hyppolite , Owner
The lien was recorded on 05/16/2008 in Official Records Book 4367, Page 0422, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirty-one thousand seven hundred eighty-four dollars and seventy-four 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:
2640 Santa Barbara Blvd, Naples, FL 34116
Cost: $18,396 (by negotiated settlement)
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
,2009.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Donna Fiala, Chairman
Approved as to form and legal sufficiency
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