Agenda 01/08/2013 Item #16A11 1/8/2013 Item 16.A.11 .
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of$48,362.47 for payment of
$562.47, in the Code Enforcement Action entitled Board of County Commissioners vs. US
Bank National Association as Trustee for the Benefit of Harborview 2005-16 Trust Fund,
Code Enforcement Case Number CEPM20110014961, relating to property located at 378
Egret Avenue, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$48,362.47 code enforcement lien, for payment of $562.47, in relation to Code Enforcement
Special Magistrate case number CEPM20110014961.
CONSIDERATIONS: As a result of code violations at 378 Egret Avenue, the Code
Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owner US
Bank National Association as Trustee for the Benefit of Harborview 2005-16 Trust Fund in Code
Enforcement Case Number CEPM20110014961. The lien was recorded in the Official Public
Records on June 7, 2012, at O.R. Book 4804, Page 2608, and the lien encumbers all real property
owned by US Bank National Association as Trustee for the Benefit of Harborview 2005-16 Trust
Fund. The fine amount of$48,250 is based on accrued fines for the non-compliance period of
193 days at $250 per day pertaining to multiple property maintenance issues. The property was
brought into compliance on October 12,2012.
Pursuant to Resolution 2012-46, the property owner has retained ownership throughout the
duration of the code case and is eligible for a full waiver of fines. The owner has paid the
operational cost of$112.47 and fines for administrative costs of$450 for consideration by the
Board to release the lien.
FISCAL IMPACT: Payment of$562.47, represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$47,800 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board waive the fines in the amount of $47,800, accept
payment of$562.47 and release the lien, and also authorize the Chairwoman to sign the attached
release of lien.
Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachment: Release of Lien
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1/8/2013 Item 16.A.11 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11.
Item Summary: Recommendation to approve the release of lien in the amount of
$48,362.47 for payment of$562.47, in the Code Enforcement Action entitled Board of County
Commissioners vs. US Bank National Association as Trustee for the Benefit of Harborview 2005-
16 Trust Fund, Code Enforcement Case Number CEPM20110014961, relating to property
located at 378 Egret Avenue, Collier County, Florida.
Meeting Date: 1/8/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
12/12/2012 3:35:34 PM
Approved By
Name: FlaggDiane
Title: Director-Code Enforcement,Code Enforcement
Date: 12/13/2012 3:52:48 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 12/18/2012 9:57:23 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 12/20/2012 4:40:19 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 12/31/2012 11:41:14 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/31/2012 1:52:39 PM
Name: FinnEd
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1/8/2013 Item 16.A.11 .
Title: Senior Budget Analyst, OMB ,:::r_
Date: 12/31/2012 2:55:38 PM
Name: OchsLeo
Title: County Manager
Date: 12/31/2012 3:14:38 PM
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1/8/2013 Item 16.A.11 .
This Instrument Prepared By:
Jen Baker
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:
US Bank National Association as Trustee for the Benefit of Harborview 2005-16 Trust
Fund,
Respondents
The lien was recorded on June 7, 2012 in Official Records Book 4804, Page 2608, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Eleven Thousand six hundred twelve dollars and forty seven cents, plus accrued
interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
CONNOR'S VANDERBILT BCH EST UNIT 3 BLK S LOT 8
378 Egret Ave Naples, FL
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 legal sufficiency
Jdff Wrght
A County Attorney
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