Agenda 03/25/2014 Item #16A12 3/25/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the accrued amount of$14,932.34 for payment of
$1,882.34, in the Code Enforcement action entitled Board of County Commissioners v. John P.
Waara, Special Magistrate Case No. CEPM20130001261, relating to property located at 223
Kirtland Drive, 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$14,932.34, for payment of$1,882.34, in relation to Code
Enforcement Special Magistrate Case No. CEPM20130001261.
CONSIDERATIONS: As a result of a code violation for an unmaintained pool at 223 Kirtland
Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien against John P.
Waara, in Case No. CEPM20130001261. This lien was recorded in the Official Public Records on
September 18, 2013, at O.R. Book 4966, Page 1938 in the amount of$14,932.34 and encumbers all
real property owned by John P. Waara. The lien amount of$14,932.34 is based on accrued fines of
$13,500 ($250 per day for 54 days, from June 15, 2013 through August 7, 2013), plus $112.64 in
operational costs and $1,319.70 in abatement costs. John P. Waara owned this property throughout
this period, and the property was brought into compliance by the County on August 7, 2013.
Following a foreclosure sale, a Certificate of Title was recorded on December 3, 2013 in favor of
Federal National Mortgage Association.
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 the County) prior
to the new owner taking title. The property is now in compliance, is being actively maintained, and
an amount of $1,882.34 has been paid by the new owner. This amount represents $112.64 in
operational costs, $1,319.70 in abatement costs, and $450 in fines. The property owner is requesting
a waiver of$13,050.00 in accrued fines.
FISCAL IMPACT: Payment of$1,882.34 has been paid, representing the County's hard costs, plus
$450 in fines. If approved by the Board, accrued fines in the amount of $13,050.00 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 $13,050.00, accept
payment of $1,882.34 and release the lien, and also authorize the Chair to sign the attached lien
release.
Prepared by: Jeff Wright,Director, Code Enforcement Department
Attachment: Release and satisfaction of lien
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3/25/2014 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve a release of lien in the accrued amount of
$14,932.34 for payment of$1,882.34, in the Code Enforcement action entitled Board of County
Commissioners v.John P. Waara, Special Magistrate Case No. CEPM20130001261, relating to
property located at 223 Kirtland Drive, Collier County, Florida.
Meeting Date: 3/25/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
2/21/2014 8:11:43 AM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 2/21/2014 4:07:11 PM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/24/2014 3:15:54 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/24/2014 4:49:56 PM
Name: MarcellaJeanne
Title:Executive Secretary, Transportation Planning
Date: 2/27/2014 11:08:27 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 3:31:48 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
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3/25/2014 16.A.12.
Date: 3/17/2014 10:35:52 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/17/2014 11:56:56 AM
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3/25/2014 16.A.12.
This Instrument Prepared By:
Jeff 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:
John P. Waara
Respondent
The lien was recorded on September 18, 2013, in Official Records Book 4966, Page
1938, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Fourteen Thousand Nine Hundred Thirty-Two Dollars and Thirty-Four
Cents ($14,932.34), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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