Agenda 07/08/2014 Item #16A147/8/2014 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$179,681.43 for payment of $17,681.43, in the code enforcement action entitled Board of County
Commissioners v. Julio C. Rodriguez, Code Enforcement Board Case No. CESD20110006525,
relating to property located at 2620 22nd Avenue NE, 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 $179,681.43 for payment of $17,681.43, in
relation to Code Enforcement Board Case No. CESD20110006525.
CONSIDERATIONS: As a result of code violations at 2620 22nd Avenue NE, consisting of
expired Collier County permits for a pool, pool cage, and screen enclosure, and an unpermitted
fence, the Code Enforcement Board ordered the imposition of a lien against Julio C. Rodriguez,
in Case No. CESD20110006525. The lien was recorded in the Official Public Records on
December 8, 2011, at O.R. Book 4744, Page 1217, and it encumbers all real and personal
property owned by Julio C. Rodriguez. The lien amount of $179,681.43 is based on 898 days of
accrued fines, at $200 per day (August 29, 2011 through February 27, 2014), plus operational
costs of $81.43.
Following a foreclosure (Case No. 2008 -CA- 8835), a Certificate of Title was recorded on
December 10, 2013 in favor of JPMorgan Chase Bank NA ( "Chase "). The property was brought
into compliance by Chase on April 7, 2014.
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, fines accrued prior to
transfer of title, and compliance has been achieved. The property is in compliance and the new
owner has paid $17,681.43 in post- acquisition accrued fines and operational costs. JPMorgan
Chase Bank NA is requesting a waiver of $162,000.00 in accrued fines.
FISCAL IMPACT: Payment of $17,681.43 in fines and operational costs has been made,
representing $17,600.00 in accrued fines and $81.43 in operational costs. If approved by the
Board, accrued fines in the amount of $162,000.00 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 $162,000.00, accept
payment of $17,681.43, release the lien, and authorize the Chair to sign the attached lien release
for recording in the Official Public Records.
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7/8/2014 16.A.14.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1) Release and Satisfaction of Lien
2) Lien order
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7/8/2014 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $179,681.43 for payment of $17,681.43, in the code enforcement action
entitled Board of County Commissioners v. Julio C. Rodriguez, Code Enforcement Board Case
No. CESD20110006525, relating to property located at 2620 22nd Avenue NE, Collier County,
Florida.
Meeting Date: 7/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
6/10/2014 8:32:35 AM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 6/10/2014 1:27:37 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/11/2014 2:54:44 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/11/2014 3:34:11 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/12/2014 11:42:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 1:22:22 PM
Name: IsacksonMark
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7/8/2014 16.A.14.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 10:22:57 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:08:40 PM
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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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Julio C. Rodriguez
Respondent
7/8/2014 16.A.14.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on December 8, 2011, in Official Records Book 4744, Page
1217, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of five thousand four hundred eighty -one dollars and forty -three cents
($5,481.43), 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 and releases 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Tom Henning, Chairman
7/8/2014 16.A.14.
INSTR 4635271 OR 4744 PG 1217 RECORDED 12/8/2011 3:39 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
JULIO C. RODRIGUEZ,
Respondent
CESD20110006525
ORDER IMPOSING FINE /LIEN
THIS CAUSE came on for public hearing before the Board on September 22, 2011, after due notice to
Respondent at which time the Board heard testinaopi w il Teceived evidence, and issued its Findings of Fact
and Conclusions of Law and thereupon 'issued iL� o &� ivs.reduccd to writing on September 30, 2011,
and furnished to Respondent and was recut fdtt ut`fhe Public Reeor- * e6llierCounty, Florida at OR 4728, PG
857, et. seq. on October 18.201 I. / "� /' �`
An Affidavit of Ni
October 28, 2011, which A
ordered,
Accordingly, it having bee troth MCC uDara
Order dated September 30, 2011, A is'hereby
ORDERED, that the Respo640 t, Julio C. Rodriguez
(Order Items 1 & 2) at a rate of S200'06t1br, the period of Oct
plus operational costs of S81.43 for a total pf55481.43.
IT IS FURTHER ORDERED that the"fittAd Opel
comes into compliance or until Judgment is rendered in a sui
Florida Statutes.
oard byYhe Code Enforcement Official on
ired-ca=' ctive action has not been taken as
has not complied with the
fines in the amount of $5,400
November 18, 2011(27 days),
1� y !'
tttonecosts shall continue to accrue until Respondent
to foreclose on lien filed pursuant to Section 162.09
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de noco, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this � day of 2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
_,.;n; 0; BY:
' ounty of COLLIER Kenne
2800 North Horseshoe Drive
I H ERFM GER tF'i ;THAT this is a *,t't1t3 8n0 Naples, Florida 34104
;orrect'_.00y'oraoaltument on file to
3oard "t ;5iout° ;antl .R2t:ores of Cot11er County
pttT_-N 55 rev r~anbnp ofiiciul Seal this
aM,y.ot
;:)NV61C FA EAR
RK OF COURTS
4.,G..u..ea ---�
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* ** OR 4744 PG 1228 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
0
The foregoing instrument was acknowledged before me this Znay of �� V
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is
personally known tome or who has produced a Florida Driver's License as identification.
;. " •V KRISTINE TWENTE NOTARY PUBLIC
= Notary Publie. State of Florida
•= MY Comm. Expires Jun td. 2015 My commission expires
P? Commission f EE s1212
Bonded Through National Notary Ann. CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and
Rodriguez, 2620 22nd Avenue N.E., Naples,,M
�,
101
M.
'j
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Ias been sent by U. S. Mail to Julio C.
c�V ..2011.
Ste. 208