Agenda 11/12/2013 Item #16A 511/12/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of four liens in the combined accrued amount of
$629,662.82 for payment of $3,320, in the Code Enforcement actions entitled Board of County
Commissioners vs. Timothy Nelson, Special Magistrate Case Numbers CENA20090015974,
CESD20090015977, CEPM20090015979, and CEV20090015983, relating to property located at
3461 Verity Lane, Collier County, Florida.
OBJECTIVE: That the.Board of County Commissioners (Board) accept an offer to release four
code enforcement liens with a combined accrued value of $629,662.82, for payment of $3,320,
plus previously paid operational costs (total of 3,657.84), in relation to Code Enforcement
Special Magistrate Case Numbers CENA20090015974, CESD20090015977,
CEPM20090015979, and CEV20090015983.
CONSIDERATIONS: This recommendation involves four liens that formerly encumbered the
property known as 3461 Verity Lane. All four liens were foreclosed in Circuit Court Case No.
09- 4245 -CA, because the lien orders were recorded after the lis pendens was filed (May 13,
2009), making them unenforceable against the property. These releases were requested by the
current property owner, Iberia Bank, which purchased the property at the foreclosure auction.
All of the violations are in compliance, and all hard costs have been paid. The purpose of the
.proposed releases is to remove any uncertainty in the chain of title resulting from imposition of
the liens and the subsequent foreclosure.
CENA20090015974: This was a litter case at 3461 Verity Lane. An order was recorded on May
7, 2010, at O.R. Book 4564, Page 1311, and a lien was recorded on July 1, 2010, at O.R. Book
4581, Page 3468. The property was brought into compliance on April 26, 2012. Accrued fines
exceed $73,000, but these fines are not enforceable against this property. All operational costs
($112.64) have been paid.
CESD20090015977 : This case involved an unpermitted screen porch and shed at 3461 Verity
Lane. An order was recorded on May 7, 2010, at O.R. Book 4564, Page 1313, and a lien was
recorded on July 30, 2010, at O.R. Book 4590, Page 2167. The property was brought into
compliance on February 22, 2011. Accrued fines exceed $25,000, but these fines are not
enforceable against this property. All operational costs ($112.64) have been paid.
CEPM20090015979: This was a property maintenance case at 3461 Verity Lane. An order was
recorded on May 7, 2010, at O.R. Book 4564, Page 1315, and a lien was recorded on July 30,
2010, at O.R. Book 4590, Page 2169. The property was brought into compliance on or about
April 15, 2013, and the owner spent $5,600 to abate the violation. Although accrued fines
exceed $529,000, these fines are not enforceable against this property. A nominal settlement
amount of $3,320, representing $112.82 in operational costs, plus $3,207.18 in fines, has been
paid.
CEV20090015983: This case involved an unlicensed boat trailer stored at 3461 Verity Lane.
An order was recorded on May 7, 2010, at O.R. Book 4564, Page 1309, and a lien was recorded
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11/12/2013 16.A.5.
on July 1, 2010, at O.R. Book 4581, Page 3476. The property was brought into compliance on
February 22, 2011. Although accrued fines were $2,050, these fines are not enforceable against
this foreclosed property. All operational costs ($112.56) have been paid.
Pursuant to Resolution No. 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 consider for waiver as long as the new owner has diligently pursued abatement and
compliance has been achieved. The property is in compliance, the subject liens are
unenforceable on the property, and all County costs have been reimbursed.
FISCAL IMPACT: Payment of $3,320, plus previously paid operational costs, represents the
County's costs and nominal post - acquisition fines. If approved by the Board, accrued fines in
the amount of $626,342.82 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. - KN
RECOMMENDATION: That the Board waive the fines in the amount of $626,342.82, accept
payment of $3,320 and release the liens, and also authorize the Chairwoman to sign the attached
releases.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachments: Releases of lien (4)
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G;
11/12/2013 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 four liens in the combined
accrued amount of $629,662.82 for payment of $3,320, in the Code Enforcement actions
entitled Board of County Commissioners vs. Timothy Nelson, Special Magistrate Case Numbers
CENA20090015974, CESD20090015977, CEPM20090015979, and CEV20090015983, relating to
property located at 3461 Verity Lane, Collier County, Florida.
Meeting Date: 11/12/2013
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
9/26/2013 5:27:37 PM
n Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 10/22/2013 4:52:20 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 10/23/2013 8:29:13 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 10/23/2013 8:54:32 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/24/2013 8:06:21 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/24/2013 9:14:22 AM
Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 10/30/2013 3:26:58 PM
Name: IsacksonMark
11/12/2013 16.A.5.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/30/2013 4:27:50 PM
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11/12/2013 16.A.5.
n 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:
Timothy S. Nelson,
Respondent
The lien was recorded on July 1, 2010 in Official Records Book 4581, Page 3468, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Four Thousand, Three Hundred and Twelve Dollars and Sixty Four Cents, plus accrued
interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
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:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
By:
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Georgia A. Hiller, Esq.,
Chairwoman
11/12/2013 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:
Timothy S. Nelson,
Respondent
The lien was recorded on July 30, 2010 in Official Records Book 4590, Page 2167, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Three Thousand, One Hundred and Twelve Dollars and Sixty Four Cents, plus
accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida.
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
0
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Georgia A. Hiller, Esq.,
Chairwoman
i-. 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is
certain lien against all real and personal property owned by
Timothy S. Nelson,
Respondent
11/12/2013 16.A.5.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on July 30, 2010 in Official Records Book 4590, Page 2169, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Twenty Eight Thousand, Six Hundred and Twelve Dollars and Eighty Two Cents,
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida.
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 legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq.,
Chairwoman
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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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Timothy S. Nelson,
Respondent
11/12/2013 16.A.5.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on July 1, 2010 in Official Records Book 4681, Page 3476, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Thousand, One Hundred and Sixty Two Dollars and Fifty Six Cents, plus accrued
interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
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 legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq.,
Chairwoman
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