Agenda 01/14/2014 Item # 16A 8 1/14/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of$19,363 for payment of$3,113,in the
Code Enforcement Action entitled Board of County Commissioners v. Summer Wind 368 Delaware
LLC, Special Magistrate Case No. CEPM20130004766, relating to property located at 5375 Grand
Cypress Circle, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release the
code enforcement lien with an accrued value of$19,363.00 for payment of$3,113.00, in relation
to Code Enforcement Special Magistrate Case No. CEPM20130004766.
CONSIDERATIONS: As a result of a code violation at 5375 Grand Cypress Circle, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Summer Wind 368
Delaware LLC, in Case No. CEPM20130004766. The lien was recorded in the Official Public
Records on August 14, 2013, at O.R. Book 4955, Page 496, and encumbers all real property
owned by Summer Wind 368 Delaware LLC. The fine amount of $19,363.00 is based on
accrued fines for the non-compliance period of 77 days at $250 per day from June 15, 2013
through August 30, 2013 ($19,250), plus $113.00 in operational costs. The violation pertains to
missing and damaged handrails at the property. Although Summer Wind 368 Delaware, LLC,
has owned this property since 2005, management company lapses resulted in delayed
compliance. A new management company has been in place as of August 20, 2013. The
property was brought into compliance by the new management company on August 30, 2013.
Pursuant to the Board of County Commissioners' Resolution 2012-46, waiver of fines would be
considered when the underlying violation resulting in a lien has been abated, fines are no longer
accruing, and the amount recovered will meet or exceed the County's costs. The property is in
compliance, is being actively maintained, and an amount of $3,113.00 has been paid. This
amount represents $113.00 in operational costs, and a settlement amount of$3,000.00 for fines.
The property owner is requesting a waiver of$16,250.00 in accrued fines.
FISCAL IMPACT: Payment of$3,113.00 has been made, representing the County's hard costs
($113.00), and fine settlement amount ($3,000.00). If approved by the Board, accrued fines in
the amount of$16,250.00 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 waive the fines in the amount of$16,250.00, accept
payment of$3,113.00 and release the lien, and authorize the Chairwoman to sign the attached
lien release.
Prepared by: Jeff E. Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: Release and satisfaction of lien
Packet Page -460-
1/14/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve a release of lien in the amount of$19,363
for payment of$3,113, in the Code Enforcement Action entitled Board of County
Commissioners v. Summer Wind 368 Delaware LLC, Special Magistrate Case No.
CEPM20130004766, relating to property located at 5375 Grand Cypress Circle, Collier County,
Florida.
Meeting Date: 1/14/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
12/10/2013 9:10:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 12/10/2013 9:49:05 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 12/12/2013 9:24:58 AM
Name: NoellKevin
Title: Attorney of Record(CAO)
Date: 12/12/2013 9:36:50 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/26/2013 1:26:06 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/26/2013 2:43:52 PM
Name: GreenwaldRandy
Packet Page-461-
1/14/2014 16.A.8.
Title: Management/Budget Analyst.Office of Management&B
Date: 12/26/2013 4:54:07 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 9:08:01 AM
daft
Packet Page-462-
1/14/2014 16.A.8.
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:
Summer Wind 368 Delaware LLC,
Respondent
The lien was recorded on August 14, 2013, in Official Records Book 4955, Page 496, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Twelve Thousand, Three Hundred Sixty-Three Dollars and No 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
Kevin Noell
Assistant County Attorney
Packet Page-463-