Agenda 04/24/2012 Item #16A 54/24/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve the release of a $46,200 lien for payment of $15,881.15, in
the Code Enforcement Action entitled Board of County Commissioners vs. Maria D. and
Sergio Gomez, Code Enforcement Board Case Number CESD20100003695, relating to
property located at 4983 17th Avenue SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$46,200 code enforcement lien, for payment of $15,881.15, in relation to Code Enforcement
Board case number CESD20100003695.
CONSIDERATIONS: As a result of code violations at 4983 17th Avenue SW, Collier County, the
Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owners Maria D.
and Sergio Gomez, in Code Enforcement Board Case No. CESD20100003695. The lien was
recorded in the Official Public Records on February 10, 2011, at O.R. Book 4651, Page 515,
and the lien encumbers all real and personal property owned by Maria D. and Sergio Gomez.
Based on accrued fines for the non - compliance period of 462 days at $100 per day, the
accrued lien amount is $46,200 for permits with no Certificate of Occupancy obtained for a
fence and tiki but structure. On August 26, 2011, Wachovia Mortgage, FSB acquired the
property through foreclosure (Case No. 2008 -CA -6637; see O.R. Book 4713, Page 3039).
The property was brought into compliance on January 31, 2012.
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. The post - acquisition fines for the current
property owner are in the amount of $15,881.15, representing $15,800 in fines and $81.15
in operational costs. Upon approval, pre- acquisition fines of $30,400 will be waived.
Payment on this settlement was made prior to the Board's approval of the amendment of
Resolution 2010 -101 on March 13th, 2012.
FISCAL IMPACT: The property owner has provided payment of $15,881.15. If approved by the
Board, accrued fines in the amount of $30,400 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 in the amount of $30,400, accept
payment of $15,881.15 and release the Lien, and also authorize the Chairman to sign the
attached release of lien.
PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENT: Release of Lien
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4/24/2012 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
Item Summary: Recommendation to approve the release of a $46,200 lien for payment of
$15,881.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Maria
D. and Sergio Gomez, Code Enforcement Board Case Number CESD20100003695, relating to
property located at 4983 17th Avenue SW, Collier County, Florida.
Meeting Date: 4/24/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
3/26/2012 3:53:34 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/26/2012 4:05:43 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 3/26/2012 4:30:20 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 2:41:23 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/3/2012 1:18:10 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/12/2012 8:52:38 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 4/16/2012 1:11:26 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 4/17/2012 8:37:19 AM
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4/24/2012 Item 16.A.5.
4/24/2012 Item 16.A.5.
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:
Maria D. and Sergio Gomez,
Respondents
The lien was recorded on February 10, 2011 in Official Records Book 4651, Page 515,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Nine Thousand four hundred 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 145 LOT 7
4983 17f' Avenue 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 righ
Ass is nt ounty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Fred W. Coyle, Chariman