Agenda 01/22/2013 Item #16A14 1/22/2013 Item 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of$48,080.57 for payment of
$530.57, in the Code Enforcement Action entitled Board of County Commissioners vs.
Herbert A. Salgat Jr., Code Enforcement Case Number CESD20100002534, relating to
property located at 5941 Cedar Tree Lane,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$48,080.57 code enforcement lien, for payment of $530.57, in relation to Code Enforcement
Board case number CESD20100002534.
CONSIDERATIONS: As a result of code violations at 5941 Cedar Tree Lane, the Code
Enforcement Board ordered the imposition of a lien ("Lien") against the owner, Herbert A.
Salgat, Jr., in Code Enforcement Case Number CESD20100002534. The Lien was recorded in
the Official Public Records on September 13, 2010, at O.R. Book 4603, Page 3181, and the lien
encumbers all real property owned by Herbert A. Salgat, Jr. The fine amount of $48,000 is
based on accrued fines for the non-compliance period of 192 days at $250 per day pertaining to
detached garage that was converted into living space without obtaining Collier County permits.
The property was brought into compliance on January 4,2011.
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$80.57 and fines for administrative costs of $450 for consideration by the
/"-■ Board to release the lien.
FISCAL IMPACT: Payment of$530.57 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$47,550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This property is the subject of a foreclosure action where the
County is a named defendant due to its Lien interest (Case No. 09-9351-CA). Release of the
Lien has been requested in relation to a short sale to avoid foreclosure. Although the County has
asserted the superiority of its Lien in the foreclosure case, approval of this agenda item will
likely contribute to dismissal of the foreclosure action. 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 $47,550, accept
payment of$530.57 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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1/22/2013 Rem 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14.
Item Summary: Recommendation to approve the release of lien in the amount of
$48,080.57 for payment of$530.57, in the Code Enforcement Action entitled Board of County
Commissioners vs. Herbert A.Salgat Jr., Code Enforcement Case Number CESD20100002534,
relating to property located at 5941 Cedar Tree Lane, Collier County, Florida.
Meeting Date: 1/22/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
1/4/2013 4:56:42 PM
Approved By
Name: FlaggDiane
Title: Director-Code Enforcement,Code Enforcement
Date: 1/7/2013 9:31:31 AM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 1/7/2013 2:44:44 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 1/9/2013 7:26:15 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/11/2013 2:00:17 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 3:26:27 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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1/22/2013 Item 16.A.14.
Date: 1/11/2013 4:20:03 PM
Name: OchsLeo
Title: County Manager
Date: 1/11/2013 5:05:22 PM
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1/22/2013 Item 16.A.14.
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:
Herbert A. Salgat, Jr.,
Respondent
The lien was recorded on September 13, 2010 in Official Records Book 4603, Page
3181, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Six Thousand five hundred eighty dollars and fifty 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:
GOLDEN GATE EST UNIT 31 TR 72
5941 Cedar Tree Lane, Naples, FL
Collier County, a political subdivision of the State of Florida, by execution of this Release
r1 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
Jeff E. Wright
Asnt County Attorney
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