Agenda 05/12/2015 Item #16A10[15-CED-01015/1170904/1
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$49,500 for payment of $6,000, in the code enforcement action entitled Board of County
Commissioners v. Jon R. and Denise T.C. Brimmer, Code Enforcement Board Case No.
2007090878, relating to property located at 561 7th St. NW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $49,500, for payment of $6,000, in relation to
Code Enforcement Board Case No. 2007090878.
CONSIDERATIONS: As a result of a code violation at 561 7 th St. NW., which consisted of the
construction of a detached garage in the rear of the yard without first obtaining the required
Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Jon
R. and Denise T.C. Brimmer in Case No. 2007090878. The lien was recorded in the Official
Public Records on September 4, 2013, at O.R. Book 4962, Page 22. The lien encumbers all real
and personal property owned by Jon R. and Denise T.C. Brimmer. The lien amount of $49,500
is based on 330 days of accrued fines ($150 per day from July 24, 2013 through June 18, 2014).
The property was brought into compliance on June 18, 2014.
Following a foreclosure (Case No. 2008-CA-9397), a Certificate of Title was recorded on April
9, 2014 in favor of Federal National Mortgage Association. The County’s lien was filed after the
foreclosure judgment and is enforceable as to the property in question.
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, the new owner has
diligently pursued abatement, and compliance has been achieved within 30 days. In this case,
the new owner abated the violation and incurred fines for forty (40) days beyond the 30-day
grace period. The property is being actively maintained and the owner has paid $6,000 in fines
accrued during its new ownership. The owner is requesting a waiver of $43,500 in accrued fines.
FISCAL IMPACT: Payment of $6,000 in accrued fines has been made. If approved by the
Board, accrued fines in the amount of $43,500 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: That the Board of County Commissioners waive the fines in the
amount of $43,500, accept payment amount of $6,000, release the lien, and authorizes the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
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5/12/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $49,500 for payment of $6,000, in the code enforcement action entitled
Board of County Commissioners v. Jon R. and Denise T.C. Brimmer, Code Enforcement Board
Case No. 2007090878, relating to property located at 561 7th St. NW, Collier County, Florida.
Meeting Date: 5/12/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
4/15/2015 10:08:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/16/2015 9:54:12 AM
Name: WrightJeff
Title: Division Director - Code Enforcement, Code Enforcement
Date: 4/16/2015 2:06:12 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/16/2015 2:23:59 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2015 11:27:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2015 9:34:27 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
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Date: 4/23/2015 10:10:37 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/27/2015 8:56:53 PM
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工 NSTR 4886■04 0R 4962 DWIGHT E BROCK, CLERK
REC S■8 50
RECORDED 9/4/20■3 3:52 PM PAGES 2
CIRCU工 T COuRT, COLLIER COUNTY Fし ORIDA
CODE ENFORCEMENT BOARD
COLL:ER COUNTY,FLORIDA
PG 22 0F THE
BOARD OF COUNTY COMMISS10NERS,
COLLIER COUNTY,FLORIDA,
Petitioncr,
VS
JON R AND DEN:SE T C BRIMMER,
Respondents
THlS CAUSE came on for
Respondents at which time the Board
and Conclusions ofti\l and
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