Agenda 06/12/2012 Item #16A156/12/2012 Item 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of two liens with a combined value of $44,804.67
for payment of $7,604.67, in the Code Enforcement Action entitled Board of County
Commissioners vs. Adriana and Jose Arizmendi, Code Enforcement Special Magistrate
Case Numbers CEAU20110000019 and CEPM20110000018, relating to property located at
1991 481h Street SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined value of $44,804.67, for payment of $7,604.67, in
relation to Code Enforcement Special Magistrate case numbers CEAU20110000019 and
CEPM20110000018.
CONSIDERATIONS: As a result of code violations at 1991 48th Street SW, the Code
Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners
Adriana and Jose Arizmendi, in Code Enforcement Case Number CEAU20110000019. The lien
was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 378,
and the lien encumbers all real property owned by Adriana and Jose Arizmendi. Based on
accrued fines for the non - compliance period of 281 days at $100 per day and operational cost of
$112.38, the accrued lien amount is $28,212.38 for a fence in disrepair. Federal National
Mortgage Association obtained a Certificate of Title (via foreclosure) to the property on
November 14, 2011.
The fines for the - current property owner are in- the amouni of $7 ,21238, representing
$7,100 in fines and $112.38 in operational costs. The property owner has paid operational
cost of $112.38 and fines of $7,100, diligently pursued compliance and brought the property
into compliance on January 24, 2012.
As a result of code violations at 1991 48th Street SW, the Code Enforcement Special Magistrate
ordered the imposition of a lien ( "Lien ") against the owners Adriana and Jose Arizmendi, in
Code Enforcement Case Number CEPM20110000018. The lien was recorded in the Official
Public Records on August 19, 2011, at O.R. Book 4712, Page 463, and the lien encumbers all
real property owned by Adriana and Jose Arizmendi. Based on accrued fines for the non-
compliance period of 81 days at $200 per day, operational cost of $112.29 and county
abatement cost of $280, the accrued lien amount is $16,592.29 for property maintenance/
unsecured lanai door. The property was brought into compliance on June 28, 2011 by
contractors hired by Collier County to abate the violation. Federal National Mortgage
Association obtained a Certificate of Title (via foreclosure) to the property on November 14,
2011. .
The fines for the current property owner are in the amount of $16,592.29, representing
$16,200 in fines, $112.29 in operational costs and county abatement cost of $280. The
property owner has paid operational cost of $112.29 and county abatement cost of $280.
The violation was abated by the county contractors on June 28, 2011, prior to Federal
National Mortgage Association obtaining Certificate of Title November 14, 2011.
FISCAL IMPACT: The property owner has provided payment of $7,604.67, representing the
County's costs and fines relating to both cases. If approved by the Board, accrued fines in the
amount of $37,200 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
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6/12/2012 Item 16.A.15.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board waive the combined fines in the amount of $37,200,
accept payment of $7,604.67 and release the Liens, and also authorize the Chairman to sign
the attached release of liens.
PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENTS: Release of Liens
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15.
6/12/2012 Item 16.A.15.
Item Summary: Recommendation to approve the release of two liens with a combined
value of $44,804.67 for payment of $7,604.67, in the Code Enforcement Action entitled Board
of County Commissioners vs. Adriana and Jose Arizmendi, Code Enforcement Special Magistrate
Case Numbers CEAU20110000019 and CEPM20110000018, relating to property located at 1991
48th Street SW, Collier County, Florida.
Meeting Date: 6/12/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
5/16/2012 10:47:23 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/16/2012 2:24:09 PM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 5/18/2012 12:38:30 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/21/2012 2:36:23 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/31/2012 4:04:59 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/31/2012 6:47:23 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 6/1/2012 2:25:10 PM
6/12/2012 Item 16.A.15.
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 6/4/2012 3:25:54 PM
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6/12/2012 Item 16.A.15.
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:
Adriana and Jose Arizmendi,
Respondents
The lien was recorded on June 21, 2011 in Official Records Book 4694, Page 378, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Four Thousand seven hundred twelve dollars and thirty eight 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 139 LOT 28
1991 48TH Street 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
i
i
eff right
ssi ant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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6/12/2012 Item 16.A.15.
This Instrument Prepared By:
Jeri 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:
Adriana and Jose Arizmendi,
Respondents
The lien was recorded on August 19, 2011 in Official Records Book 4712, Page 463, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Sixteen Thousand five hundred ninety two dollars and twenty nine 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 139 LOT 28
1991 48TH Street 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 r' ht
Assi nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chariman
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