Agenda 01/26/2016 Item #16A 2 EXECUTIVE SUMMARY 1/26/2016 16.A.2.
Recommendation to approve the release of a code enforcement lien with an accrued value of
$120,212.29 for payment of $17,112.29, in the code enforcement action entitled Board of County
Commissioners v. Irene Vilar, Code Enforcement Special Magistrate Case No. CEAU20110011121
relating to property located at 4185 43rd Ave NE, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of $120,212.29, for payment of $17,112.29, in
relation to the Code Enforcement Special Magistrate Case No. CEAU20110011121.
CONSIDERATIONS: As a result of various code violations at 4185 43rd Ave NE, consisting of
a fence on the property without first obtaining the required Collier County permits, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Irene Vilar, in Case No.
CEAU20110011121. The lien was recorded in the Official Records on January 23, 2012, at O.R.
Book 4757, Page 1865, and it encumbers all real and personal property owned by Irene Vilar.
The lien amount of$120,212.29 is based on a total of 1,201 days of accrued fines (at $100 per
day from December 2, 2011 through March 16, 2015) plus $112.29 in operational costs. The
property was brought into compliance on March 16, 2015.
Following a foreclosure eliminating the County's lien, (Case No. 2009-CA-7921), the property
was acquired by Deutsche Bank National Trust Company, et al., via amended certificate of title
which was recorded on August 28, 2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a
code enforcement lien encumbers property that is under new ownership and compliance has been
achieved. The property is being actively maintained and the new owner has paid $17,112.29.
The new owner is requesting a waiver of$103,100 in accrued fines.
FISCAL IMPACT: Payment of$17,112.29 has been made, representing $17,000 in fines and
$112.29 in operational costs. If approved by the Board, accrued fines in the amount of$103,100
would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46. KN
RECOMMENDATION: To waive the fines in the amount of $103,100, accept payment
amount of$17,112.29, release the lien, and authorize the Chairman to sign the attached release
and satisfaction of lien for recording in the Official Public Records.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien
2) Lien Order
[15-CED-01088/129459/1]
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1/26/2016 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$120,212.29 for payment of$17,112.29, in the code enforcement action
entitled Board of County Commissioners v. Irene\filar, Code Enforcement Special Magistrate
Case No. CEAU20110011121 relating to property located at 4185 43rd Ave NE, Collier County,
Florida.
Meeting Date: 1/26/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/18/2015 4:41:44 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 12/18/2015 5:03:34 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/21/2015 1:50:33 PM
Name: Puigiudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 12/21/2015 1:51:24 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/29/2015 2:27:27 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 12/29/2015 2:33:57 PM
Name: MarcellaJeanne
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1/26/2016 16.A.2.
Title: Executive Secretary. Transportation Administration
Date: 12/30/2015 7:44:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/2015 2:43:52 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 1/7/2016 11:16:31 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 10:18:02 AM
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. 1/26/2016 16.A.2.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
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:
Irene Viler,
Respondent
The lien was recorded on January 23, 2012, in Official Records Book 4757, Page 1865, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of three
thousand seven hundred twelve dollars and twenty cents ($3,712.29), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases 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.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin NoeII
Assistant County Attorney
CEAU201 1 001 1 1 21
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INSTR 4649768 OR 4757 PG 1865 RECORDED 1/23/2012 9:37 AM PAGES 2 1/26/2016 16.A.2.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.–CEAU201IO01I121
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
IRENE VILAR,
Respondent. _1_e—
",;\ N Ay
ORDER&TUI .SPECIAL MAd!STJ ATE
IMPOSINN;TINii;S%LI ENS\�
/ �_- v 1 t
''-`,1 e' '—'• L. l k 1.
THIS CAUSE came before' lid Secial h ag str e forpu l hearing upon the Petitioner's
Motion for Imposition of Finest!Li 4n Jabu4ry)6, (1 t and tale SpeLial Magistrate,having heard
argument respective to all a ti't `�
F ppt p Gate atters-,- ereu ott�; sue tis` irlti n s of Fact and Order of the
Special Magistrate,as follows ,,,.,
FINDINGS OFF.
3 AC 1u ,
1. On November 1, 2011,Respondent)k'aS.TDIlIT'I guilty bf folation of Florida Building Code,2007
Edition,Chapter 1 Permits, Section 105.( oEn ee and gate on the property,no Collier County
Permit obtained, which violation occurred on the property located at 41S5 43,d Avenue NE,
Naples,FL Folio#39713120002(Legal Description:GOLDEN GATE EST UNIT 61 E 105FT
OF TR 30).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 1,2011,or a fine of 5100.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 4737,PG 295).
3. Operational costs of S1 12.29 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing and no legal defense to the Motion was presented.
S. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
ORDER
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1/26/2016 16.A.2.
*** OR 4757 PG 1866 ***
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No. 2010-04,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$100.00 per day are assessed against Respondent for 36 days for the period from
December 2,2011 to January 6,2012,for a total amount of fines of$3,600.00.
C. Respondent shall pay the previously assessed operational costs of$112.29.
D. Respondent is ordered to pay fines and costs in the total amount of$3,712.29 or he subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of$100.00 shall continue-ter-aeemeuntil abatement has been confirmed by a Collier
County Code Enforcement Investig tta _,R C 0
DONE AND ORDERED this __ `tndtiv of, '"`, ,201/at Collier County,Florida.
• it { �., 1 ± t V•
� CQ ER COUNT :CODE ENFORCEMENT
SPECIAL MAGISTRATE
t 14'Ni�D�A' C.GARR;SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2500 North Horseshoe Drive,Naples,FL 34104, fax#
(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing do irovo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
;aunty of GOLL1 R
cc: Respondent—Irene Vilar
Collier Co.Code Enforcement Dept. t HERE 1Y CERTIFY THAT thts,ls'a`kuo and'
:oirect copy ot.a oocurner±t ortfile lfi
9oard Minutes and Recores o o'+1ler.Cauntg
dS my rta oltr ai.saltls
aay a 1�`U�� . QU Q
1N!GHT E. BMA,CLERK OF COURTS
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