Agenda 09/26/2017 Item #16A4209/26/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of code enforcement liens with an accrued value of
$139,550 for payment of $450 in the code enforcement actions entitled Board of County
Commissioners v. Edilbray Perez and Belkis Martinez. Code Enforcement Board Case Nos.
CEPM20080001391 and CESD20100001280 relating to property located at 5563 17th Ave SW,
Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $139,550 for payment of $450 in relation to Code Enforcement Board Case
Nos. CEPM20080001391 and CESD20100001280.
CONSIDERATIONS: As a result of code violations at 5563 17th Ave SW, consisting a vacant tri-plex
with several broken windows and an unpermitted shed on site. The liens were recorded in the Official
Records on December 4, 2008, at O.R. Book 4411, Page 1831 and on February 23, 2011, at O.R. Book
4654, Page 2403. The lien amount of $139,550 is based on 51 days of accrued fines ($250 per day from
April 12, 2008 through June 2, 2008) $12,750 in case CEPM20080001391 and $126,800 is based on
1,268 days of accrued fines ($100 per day from January 4, 2011 through June 24, 2014) in case
CESD20100001280. The property was acquired by Naples Opportunity Fund, LLC, via Certificate of
Title recorded on May 29, 2014. The new owner brought the property into compliance on June 24, 2014.
Naples Opportunity Fund, LLC paid the nuisance abatement liens in June of 2014; they didn’t realize
there were additional steps regarding the fines being waived.
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
within 30 days. The property is being actively maintained and $450 has been paid in settlement of fines.
The owner is requesting a waiver of $139,100 in accrued fines. There are currently no known violations.
FISCAL IMPACT: Payment of $450 has been made, representing $450 in fines. If approved by the
Board, accrued fines in the amount of $139,100 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 $139,100, accept payment amount of
$450, 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: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Releases of Lien - KN signed (PDF)
2. Liens (PDF)
16.A.42
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.42
Doc ID: 3589
Item Summary: Recommendation to approve the release of code enforcement liens with an
accrued value of $139,550 for payment of $450 in the code enforcement actions entitled Board of County
Commissioners v. Edilbray Perez and Belkis Martinez. Code Enforcement Board Case Nos.
CEPM20080001391 and CESD20100001280 relating to property located at 5563 17th Ave SW, Collier
County, Florida.
Meeting Date: 09/26/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
08/08/2017 11:24 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/08/2017 11:24 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/15/2017 11:21 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/09/2017 9:41 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 08/09/2017 10:13 AM
Growth Management Department Nancy CardinaleLower Department Head Review Skipped 08/15/2017 9:27 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/15/2017 2:20 PM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 6:00 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2017 8:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2017 11:03 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:48 AM
Growth Management Department Nancy CardinaleLower Department Head Review Skipped 08/08/2017 11:14 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 4:00 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.42
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Packet Pg. 1051 Attachment: Releases of Lien - KN signed (3589 : Perez and Martinez, Release of Lien)
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Packet Pg. 1052 Attachment: Releases of Lien - KN signed (3589 : Perez and Martinez, Release of Lien)
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Packet Pg. 1053 Attachment: Liens (3589 : Perez and Martinez, Release of Lien)
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