Agenda 02/25/2014 Item #16A132/25/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of $77,512.47 for payment of
$21,812.47, in Special Magistrate Case No. CESD20110006379 in the action entitled Board of
County Commissioners v. Soundview Home Loan Trust, relating to property located at 1381 17th
Street SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien in the amount of $77,512.47 for payment of $21,812.47, in Special
Magistrate Case No. CESD20110006379 entitled Board of County Commissioners v. Soundview
Home Loan Trust (Soundview).
CONSIDERATIONS: As a result of code violations at 1381 17th Street SW, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Soundview, in Case No.
CESD20110006379. The lien was recorded in the Official Public Records on June 25, 2013, at
O.R. Book 4936, Page 3980, and it encumbers all real and personal property owned by
Soundview. The lien amount of $77,512.47 is based on accrued fines of $77,400 (774 days at
$100 per day), plus operational costs of $112.47. The violation at issue is for an unpermitted
shed on the property. Soundview owns this property pursuant to a Certificate of Title which was
recorded on March 12, 2013. The property was brought into compliance by Soundview on
November 14, 2013 (approximately 217 days after taking title).
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 by
Soundview. The property is in compliance, is being actively maintained, and an amount of
$21,812.47 has been paid. This amount represents $21,700 in fines, plus $112.47 in operational
costs. Soundview is requesting a waiver of $55,700.00 in accrued fines.
FISCAL IMPACT: Payment of $21,812.47 has been paid, representing $112.47 in operational
costs and $21,700.00 in fines. If approved by the Board, accrued fines in the amount of
$55,700.00 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 $55,700.00, accept
payment of $21,812.47 and release the lien, and also authorize the Chairman to sign the attached
lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department
Attachment: Release and satisfaction of lien
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2/25/2014 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve a release of lien in the amount of
$77,512.47 for payment of $21,812.47, in Special Magistrate Case No. CESD20110006379 in the
action entitled Board of County Commissioners v. Soundview Home Loan Trust, relating to
property located at 1381 17th Street SW, Collier County, Florida.
Meeting Date: 2/25/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/24/2014 2:04:31 PM
Approved By
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/24/2014 3:00:18 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/30/2014 10:21:16 AM
Name: Noel lKevin
Title: Attorney of Record (CAO)
Date: 1/30/2014 2:39:10 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/30/2014 4:04:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:07:25 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
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Date: 2/12/2014 4:38:19 PM
Name: IsacksonMark
2/25/2014 16.A.13.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 2/14/2014 3:37:00 PM
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2/25/2014 16.A.13.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
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:
Soundview Home Loan Trust
Respondent
The lien was recorded on June 15, 2013, in Official Records Book 4936, Page 3980, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of sixty -one thousand four hundred twelve dollars and forty-seven cents
($61,412.47), 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:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
By:
Tom Henning, Chairman
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