Agenda 12/11/2012 Item #16A3112/11/2012 Item 16.A.31.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $46,081.15 for payment of
$21,481.15, in the Code Enforcement Action entitled Board of County Commissioners vs.
Deutsche Bank National Trust Co., Code Enforcement Case Number CESD20110013221,
relating to property located at 4540 7th Avenue SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
$46,081.15 code enforcement lien, for payment of $21,481.15, in relation to Code Enforcement
Board case number CESD20110013221.
CONSIDERATIONS: As a result of code violations at 4540 7th Avenue SW, the Code
Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner Deutsche Bank
National Trust Co. in Code Enforcement Case Number CESD20110013221. The lien was
recorded in the Official Public Records on April 11, 2012, at O.R. Book 4784, Page 1753, and
the lien encumbers all real property owned by Deutsche Bank National Trust Co. The fine
amount of $46,000 is based on accrued fines for the non - compliance period of 230 days at $200
per day pertaining to unpermitted additions. A Quit Claim Deed was recorded to Stanwich
Mortgage Loan Trust on May 21, 2012. Stanwich Mortgage Loan Trust brought the property
into compliance on October 5, 2012.
Pursuant to the Board of County Commissioner's (BCC'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 $21,481.15 has been paid. This represents $21,400
in fines and $81.15 in operational costs.
FISCAL IMPACT: Payment of $21,481.15, represents the County's costs and fines. If
approved by the Board, accrued fines in the amount of $24,600 would 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 $24,600, accept
payment of $21,481.15 and release the lien, and also authorize the Chairman to sign the attached
release of lien.
Prepared By: Jeri Baker, Enforcement Supervisor, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachment: Release of Lien
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31.
12/11/2012 Item 16.A.31.
Item Summary: Recommendation to approve the release of lien in the amount of
$46,081.15 for payment of $21,481.15, in the Code Enforcement Action entitled Board of
County Commissioners vs. Deutsche Bank National Trust Co., Code Enforcement Case Number
CESD20110013221, relating to property located at 4540 7th Avenue SW, Collier County, Florida.
Meeting Date: 12/11/2012
Prepared By
Name: BakerJennifer
Title: Code Enforcement Specialist
11/29/2012 3:48:42 PM
Approved By
Name: BakerJennifer
Title: Code Enforcement Specialist
Date: 11/29/2012 4:49:53 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/29/2012 4:57:23 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/30/2012 1:05:17 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/30/2012 4:00:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/30/2012 4:26:05 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 12/4/2012 10:14:39 AM
Name: OchsLeo
Title: County Manager
Date: 12/4/2012 12:12:01 PM
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12/11/2012 Item 16.A.31.
12/11/2012 Item 16.A.31.
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:
Deutsche Bk National Trust Co., Carrington Mrtg Services, R.A.,
Respondents
The lien was recorded on April 11, 2012 in Official Records Book 4784, Page 1753, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Six Thousand six hundred eighty one dollars and fifteen cents, plus accrued fines
and costs, if any, and imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
GOLDEN GATE EST UNIT 2 W 15OFT OF TR 23
45407 TH Ave NW 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 right
Ass tant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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