Agenda 05/13/2013 Item #16A155/14/2013 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $77,410.86 for payment of
$7,060.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Terry
Hernandez and Brian K. Fults, Code Enforcement Case Number CELU20110009421, relating to
property located at 2700 47th Terrace SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$77,410.86 code enforcement lien, for payment of $7,060.86, in relation to Code Enforcement
Board case number CELU20110009421.
CONSIDERATIONS: As a result of code violations at 2700 47th Terrace SW, the Code
Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner Terry Hernandez
and Brian K. Fults in Code Enforcement Case Number CELU20110009421. The lien was
recorded in the Official Public Records on September 5, 2012, at O.R. Book 4832, Page 1989,
and the lien encumbers all real property owned by Terry Hernandez and Brian K. Fults. The fine
amount of $70,800 is based on accrued fines for the non - compliance period of 472 days at $150
per day pertaining to an unmaintained pool built on the property with no primary structure. A
Warranty Deed was recorded to Ramon Barraso on March 25, 2013 and the property was
brought into compliance on March 28, 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 $7,060.86 has been paid. This represents $6,530.00 in county
abatement costs, $80.86 in operational costs, and $450 in fines for administrative costs.
FISCAL IMPACT: Payment of $7,060.86 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of $70,350 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 $70,350, accept
payment of $7,060.86 and release the lien, and also authorize the Chairwoman to sign the
attached release of lien.
Prepared By: Jeri Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation
Attachment: Release of Lien
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5/14/2013 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of lien in the amount of
$77,410.86 for payment of $7,060.86, in the Code Enforcement Action entitled Board of County
Commissioners vs. Terry Hernandez and Brian K. Fults, Code Enforcement Case Number
CELU20110009421, relating to property located at 2700 47th Terrace SW, Collier County,
Florida.
Meeting Date: 5/14/2013
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
4/17/2013 3:17:16 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/17/2013 5:11:23 PM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 4/18/2013 11:14:08 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:23:40 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 8:32:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 3:38:20 PM
Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 4/26/2013 9:17:13 AM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:03:01 PM
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5/14/2013 16.A.15.
5/14/2013 16.A.15.
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:
Terry Hernandez and Brian K. Fults,
Respondents
The lien was recorded September 5, 2012 in Official Records Book 4832 Page 1989, in
the Official Records of Collier County, State of Florida. The lien secures the .principal
sum of Forty Five Thousand ten dollars and eighty six 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 UNIT 3 BLK 88 LOT 5
270047 TH Terrace SW 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jeff right
Assist County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq.,
Chairwoman
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J