Agenda 01/14/2014 Item # 16A 7 1/14/2014 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of$49,212.56 for payment of$562.56,
in the Code Enforcement Action entitled Board of County Commissioners v. Wilmer Espinal,
Special Magistrate Case No. CESD20110004390, relating to property located at 5845 Everglades
Blvd.N., 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$49,212.56 for payment of$562.56, in relation
to Code Enforcement Special Magistrate Case No. CESD20110004390.
CONSIDERATIONS: As a result of a code violation at 5845 Everglades Blvd. N., the Code
Enforcement Special Magistrate ordered the imposition of a lien against Wilmer Espinal, in Case
No. CESD20110004390. The lien was recorded in the Official Public Records on October 19,
2011, at O.R. Book 4728, Page 1895, and encumbers all real property owned by Wilmer Espinal.
The lien amount of$49,212.56 is based on accrued fines for the non-compliance period of 491
days ($100 per day from September 6, 2011 through January 8, 2013), plus operational costs of
$112.56. The violation at issue is an unpermitted structure located in the rear property area. Mr.
Espinal owned this property from February, 2006 through October 10, 2013. The property was
brought into compliance by the mortgage holder on January 8, 2013. Under threat of
foreclosure, the property was conveyed to the current owner on October 10, 2013.
Pursuant to Resolution No. 2012-46, a request for waiver of fines would be considered when a
code enforcement lien encumbers property that is under new ownership, fines accrued prior to
transfer of title, and compliance has been achieved. In this case, the violation was abated prior to
the new owner taking title. The property is in compliance, is being actively maintained, and an
amount of $562.56 has been paid by the title company for the new owner. This amount
represents $112.56 in operational costs and $450.00 in fines. The current property owner is
requesting a waiver of$48,650.00 in accrued fines.
FISCAL IMPACT: Payment of $562.56 has been paid, representing $112.56 in operations
costs and $450.00 in fines. If approved by the Board, accrued fines in the amount of$48,650.00
would be waived.
GROWTH MANAGEMENT IMPACT: None.
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 waive the fines in the amount of$48,650.00, accept
payment of$562.56 and release the lien, and also authorize the Chairwoman to sign the attached
lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: (1) Release and satisfaction of lien
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1/14/2014 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve a release of lien in the amount of
$49,212.56 for payment of$562.56, in the Code Enforcement Action entitled Board of County
Commissioners v. Wilmer Espinal, Special Magistrate Case No. CESD20110004390, relating to
property located at 5845 Everglades Blvd. N., Collier County, Florida.
Meeting Date: 1/14/2014
Prepared By
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforce
12/10/2013 9:02:27 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 12/10/2013 9:37:26 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 12/12/2013 9:24:50 AM
Name: NoellKevin
Title: Attorney of Record(CAO)
Date: 12/12/2013 9:36:41 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/26/2013 1:22:41 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/26/2013 2:43:43 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
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1/14/2014 16.A.7.
Date: 12/26/2013 4:53:58 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 9:07:53 AM
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1/14/2014 16.A.7.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Wilmer Espinal
Respondent
The lien was recorded on October 19, 2011, in Official Records Book 4728, Page 1895,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Three Thousand, Three Hundred Twelve Dollars and Fifty-Six Cents, 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 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legality
)17e,
Kevin Noell
Assistant County Attorney
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