Agenda 02/14/2012 Item #16A 42/14/2012 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve the release of a $102,400 lien for payment of $25,800, in the Code
Enforcement Action entitled Board of County Commissioners vs. Joseph H. Deroma Living Trust
Ltd., Code Enforcement Special Magistrate Case No. CEPM- 2009 - 0008163, relating to property
located at 836 96th Avenue N., Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $102,400
code enforcement lien, for payment of $25,800, in relation to the Special Magistrate (OSM) Case No.
CEPM20090008163.
CONSIDERATIONS: As a result of code violations at 836 96th Ave N., the Code Enforcement Special
Magistrate ordered the imposition of a lien ( "Lien ") against the owner Joseph H. Deroma, in Special
Magistrate Case No. CEPM20090008163. The lien was recorded in the Official Public Records on July 1,
2010, at O.R. Book 4581, Page 3480, and the lien encumbers all real property owned by Mr. Deroma.
Based on accrued fines for the non - compliance period of 512 days at $200 per day, the accrued lien
amount is $102,400 for a structure that had exterior siding in deteriorated condition and a vacant
rental unit that needed interior flooring replaced. On June 3, 2011, Federal Home Loan Mortgage
Corp. acquired the property following a foreclosure by Wells Fargo. The property was brought into
compliance on October 10, 2011.
Pursuant to Resolution 2010 -101, code enforcement liens and fines that accrued prior to new
ownership are considered for waiver as long as the new owner has diligently pursued abatement and
compliance has been achieved. Post - acquisition fines for the current property owner in the amount of
$25,800 have been paid; upon approval, pre- acquisition fines of $76,600 will be waived. The
operational costs in the amount of $112.69 have been paid.
FISCAL IMPACT: The bank has provided payment of $25,800. If approved by the Board, accrued
fines in the amount of $76,600 will 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 and release the Lien, as described herein, and
by approval of this item, authorize the Chairman to sign the attached release of lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENT: (1) Release of Lien
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2/14/2012 Item 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
Item Summary: Recommendation to approve the release of a $102,400 lien for payment
of $25,800, in the Code Enforcement Action entitled Board of County Commissioners vs. Joseph
H. Deroma Living Trust Ltd., Code Enforcement Special Magistrate Case No. CEPM -2009-
0008163, relating to property located at 836 96th Avenue N., Collier County, Florida.
Meeting Date: 2/14/2012
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/19/2012 11:43:51 AM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
1/19/2012 11:43:52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 1/24/2012 3:53:58 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 1/25/2012 1:30:28 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/26/2012 10:13:56 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/26/2012 10:37:11 AM
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Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/26/2012 4:08:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2012 11:21:36 AM
Name: FinnEd
Date: 1/30/2012 5:21:46 PM
Name: OchsLeo
Title: County Manager
Date: 1/31/2012 3:50:33 PM
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2/14/2012 Item 16.A.4.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE 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
2/14/2012 Item 16.A.4.
the BOARD OF COUNTY
the owner and holder of a
Joseph H. Deroma Living Trust
The lien was recorded on July 1, 2010, in Official Records Book 4581, Page 3480, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of four thousand dollars, plus accrued fines, and operational costs of one hundred
twelve dollars and sixty -nine cents.
Collier County, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges receipt of payment and hereby cancels and releases the lien.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release of
Lien, by action of the Board on this day of , 2012.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to fora and legal sufficiency
i
Jeff k. Wight
AssisW County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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