Agenda 04/09/2013 Item #16A 8 4/9/2013 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of$454,970.39 for payment
of$44,570.39, in the Code Enforcement Action entitled Board of County Commissioners vs.
Elinord Pierre, Code Enforcement Case Number 2006050703, relating to property located
at 186 3rd Street, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$454,970.39 code enforcement lien, for payment of$44,570.39, in relation to Code Enforcement
Board case number 2006050703.
CONSIDERATIONS: As a result of code violations at 186 3rd Street, the Code Enforcement
Board ordered the imposition of a lien ("Lien") against the owners Elinord Pierre in Code
Enforcement Case Number 2006050703. The lien was recorded in the Official Public Records on
March 30, 2007, at O.R. Book 4205, Page 0784, and the lien encumbers all real property owned
by Elinord Pierre. The fine amount of $454,600 is based on accrued fines for the non-
compliance period of 2,258 days at $100 per day for part one of the order and 2,288 days at $100
per day for part two of the order pertaining to illegal conversion of structure into living space and
overcrowding. A Certificate of Title was recorded to Wells Fargo Bank on April 27, 2012 and
the property was brought into compliance on January 3, 2013.
Pursuant to the Board of County Commissioner's Resolution 2012-46, Code Enforcement liens
and fines on a property that has new ownership. fines that accrued prior to transfer of title and
thirty days following transfer of title would be considered for waiver as long as the new owner
has diligently pursued abatement and compliance has been achieved. The property is in
compliance and an amount of $44,570.39 has been paid by the Wells Fargo Bank. This
represents$370.39 in operational costs, and $44,200 in fines.
FISCAL IMPACT: Payment of $44,570.39 represents the County's costs and fines. If
approved by the Board, accrued fines in the amount of$410,400 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 $410,400, accept
payment of $44,570.39 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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4/9/2013 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the release of lien in the amount of
$454,970.39 for payment of$44,570.39, in the Code Enforcement Action entitled Board of
County Commissioners vs. Elinord Pierre, Code Enforcement Case Number 2006050703,
relating to property located at 186 3rd Street, Collier County, Florida.
Meeting Date: 4/9/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
3/13/2013 10:44:39 AM
Approved By
Name: FlaggDiane
Title: Director-Code Enforcement,Code Enforcement
Date: 3/14/2013 2:05:57 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 3/15/2013 2:36:50 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/20/2013 12:35:51 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/27/2013 9:39:59 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/27/2013 12:37:47 PM
Name: KlatzkowJeff
Title: County Attorney
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4/9/2013 16.A.8.
Date: 3/28/2013 11:57:55 AM
Name: OchsLeo
Title: County Manager
Date: 3/30/2013 5:01:46 PM
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4/9/2013 16.A.8.
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:
Elinord Pierre,
Respondents
The lien was recorded March 30, 2007 in Official Records Book 4205, Page 0784, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Thirteen Thousand one hundred seventy dollars and thirty nine 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:
TRAIL ACRES BLK 3 LOT 33
186 3rd Street 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
IS
Jeff ri• t
Assist- t County Attorney
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