Agenda 10/08/2013 Item #16A 5 10/8/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $198,281.15 for payment of
$25,331.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Richard
L. and Sandra F. Rathjen, Code Enforcement Case Number CESD20100017996, relating to
property located at 4866 21st Avenue SW, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $198,281.15, for payment of $25,331.15, in
relation to Code Enforcement Board case number CESD20100017996.
CONSIDERATIONS: As a result of code violations at 4866 21st Avenue SW, the Code
Enforcement Board ordered the imposition of a lien against Richard L. and Sandra F. Rathjen, in
Code Enforcement Case Number CESD20100017996. The lien was recorded in the Official
Public Records on June 8, 2011, at O.R. Book 4690, Page 239, and encumbers all real property
owned by Richard L. and Sandra F. Rathjen. The fine amount of$198,200 is based on accrued
fines for the non-compliance period of 991 days at $200 per day pertaining to an unpermitted
storage shed and lanai. Operational costs of$81.15 are also included in the total lien amount. A
Warranty Deed was recorded to the Bank of New York Mellon on February 15, 2013. The
property was brought into compliance on July 31, 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$25,331.15 has been paid. This represents $81.15 in operational
costs and $25,200 in post-acquisition fines (less abatement costs).
FISCAL IMPACT: Payment of$25,331.15 represents the County's costs and post-acquisition
fines. If approved by the Board, accrued fines in the amount of$173,000 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46.
RECOMMENDATION: That the Board waive the fines in the amount of $173,000, accept
payment of $25,331.15 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.
Attachments: Release of lien
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10/8/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to approve the release of lien in the amount of
$198,281.15 for payment of$25,331.15, in the Code Enforcement Action entitled Board of
County Commissioners vs. Richard L. and Sandra F. Rathjen, Code Enforcement Case Number
CESD20100017996, relating to property located at 4866 21st Avenue SW, Collier County,
Florida.
Meeting Date: 10/8/2013
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
9/10/2013 10:22:54 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 9/20/2013 3:15:13 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/25/2013 1:16:12 PM
Name: NoellKevin
Title: Attorney of Record(CAO)
Date: 9/25/2013 1:42:16 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/26/2013 4:39:48 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/26/2013 6:09:16 PM
Name: KlatzkowJeff
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10/8/2013 16.A.5.
Title: County Attorney
Date: 9/27/2013 8:10:10 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/27/2013 10:14:24 AM
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10/8/2013 16.A.5.
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:
Richard L. and Sandra F. Rathjen,
Respondent
The lien was recorded on June 8, 2011 in Official Records Book 4690, Page 239, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Six Thousand and Eighty One Dollars and Fifteen 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 4 BLK 134 LOT 111
4866 21 Ave SW, 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 legality
Kevin Noell
Assistant County Attorney
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