Agenda 09/24/2013 Item #16A 6 9/24/2013 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of$95,080 for payment of$20,580, in
the Code Enforcement Action entitled Board of County Commissioners vs. Arnoldo and Daisy De
La Cruz, Code Enforcement Case Number CESD20120000335, relating to property located at 3770
47 Avenue NE, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$95,080 code enforcement lien, for payment of$20,580, in relation to Code Enforcement Board
case number CESD20120000335.
CONSIDERATIONS: As a result of code violations at 3770 47 Ave NE, the Code Enforcement
Board ordered the imposition of a lien ("Lien") against the owners Arnoldo and Daisy De La
Cruz in Code Enforcement Case Number CESD20120000335. The lien was recorded in the
Official Public Records on July 6, 2012, at O.R. Book 4816, Page 1532, and the lien encumbers
all real property owned by Arnoldo and Daisy De La Cruz. The fine amount of$95,000 is based
on accrued fines for the non-compliance period of 380 days at $250 per day for a garage
enclosure, shed, elevated deck and fence without valid Collier County building permits. A
Certificate of Title was recorded to Federal Home Loan Mortgage Corporation on February 18,
2013 and the property was brought into compliance on June 10, 2013.
Pursuant to the Board'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
$20,580 has been paid. This represents $80 in operational costs, and $20,500 in fines.
FISCAL IMPACT: Payment of$20,580 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$74,500 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is approved as to form and legality, and requires majority vote for approval. -KN
RECOMMENDATION: That the Board waive the fines in the amount of $74,500, accept
payment of$20,580 and release the lien, and also authorize the Chairwoman to sign the attached
release of lien.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachment: Release of Lien
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9/24/2013 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve the release of lien in the amount of$95,080
for payment of$20,580, in the Code Enforcement Action entitled Board of County
Commissioners vs. Arnoldo and Daisy De La Cruz, Code Enforcement Case Number
CESD20120000335, relating to property located at 3770 47 Avenue NE, Collier County, Florida.
Meeting Date: 9/24/2013
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
8/23/2013 6:10:38 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 8/29/2013 3:31:35 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/3/2013 1:38:30 PM
Name:NoellKevin
Title: Attorney of Record (CAO)
Date: 9/3/2013 2:19:08 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/11/2013 8:15:49 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/11/2013 2:53:53 PM
Name: KlatzkowJeff
Title: County Attorney
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9/24/2013 16.A.6.
Date: 9/11/2013 4:07:34 PM
Name: OchsLeo
Title: County Manager
Date: 9/12/2013 11:24:45 AM
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9/24/2013 16.A.6.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Arnoldo and Daisy De La Cruz,
Respondents
The lien was recorded July 6, 2012 in Official Records Book 4816 Page 1532, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Eight Thousand two hundred fifty dollars and no 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 62 E 75FT OF W 150FT OF TR 111
3770 47 Ave NE 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
Kevin Noell
Assistant County Attorney
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