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Agenda 01/11/2011 Item #16A 4 Agenda Item No. 16A4 January 11, 2011 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve Release and Satisfactions of Lien for four separate Code Enforcement cases. OBJECTIVE: To have the Board approve waiver of fines and authorize the Chairman to sign Release and Satisfactions of Lien in relation to the code enforcement actions described below. CONSIDERATIONS: OSM Case No. 2007080486: As a result of code violations at 219 Johnnycake Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien against the owner, Douglas Menendez. The lien was recorded in the Official Public Records on November 21, 2008, at O.R. 4411, Page 1792, and it encumbers all real and personal property owned by Mr. Menendez. Based on accrued fines for the non-compliance period of 111 days at $250 per day, the accrued lien amount is $27,750 for failure to secure the property by boarding all the doors and windows. For failing to obtain a Collier County demolition permit to demolish the offending structure, they were also assessed $23,500 for the non-compliance period of 94 days at $250 per day. They were also assessed $137,500 for the non-compliance period of 550 days at $250 per day for failing to demolish the property. All fines except $250 will be released. The property was brought into compliance on May 26, 2010. The operational costs in the amount of $117.52 have been paid. On September 28, 2010, Bank United N.A. obtained title to this property through foreclosure. There are currently no code violations on this property. Bank United N.A. is requesting a waiver of $188,500 in fines since the violation occurred prior to their ownership of the property. OSM Case No. CEPM20090002388: As a result of code violations at 406 2nd Street, Immokalee, the Code Enforcement Special Magistrate ordered the imposition of a lien against the owner, Augustin Dalusma & Marie Dalusma. The lien was recorded in the Official Public Records on September 4, 2009, at O.R. 4492, Page 3349. The property was brought into compliance on August 4, 2009. Based on accrued fines for the non- compliance period of 55 days at $250 per day, the accrued lien amount is $13,750. Operational costs of $118.40 have been paid. This property was abated by the County and the abatement cost of $4,843.33 has been paid by Bank of America. On May 17, 2010, Bank of America obtained title through foreclosure to this property. There are currently no code violations on this property. Bank of America is requesting a waiver of $13,750 in fines since the violation occurred prior to their ownership of the property. CEB Case No. CESD20080002249: As a result of code violations at 4627 Arnold Avenue, Unit 2, the Code Enforcement Board ordered the imposition of a lien against the owners, M & M Developers, LLC. The lien was recorded in the Official Public Records on July 9, 2009, at O.R. 4470, Page 1719. The property was brought into Agenda Item r'~o. 16A4 January 11, 2011 Page 2 of 9 compliance on October 12, 2010. Based on accrued fines for the noncompliance period of 682 days at $200 per day, the accrued lien amount is $136,400. Operational costs of $88.43 have been paid. There are currently no code violations on this property. Financial constraints prevented the property owner from removing the unpermitted structures sooner. M & M Developers, LLC is requesting a waiver of $136,400 in fines and release of liens. CEB Case No. 2005041032: As a result of code violations at 1880 24th Ave NE, the Code Enforcement Board ordered the imposition of a lien against the owner, Luis Angel Dones. The lien was recorded in the Official Public Records on February 26, 2007, at O.R. 4205, Page 0797. Based on accrued fines for the noncompliance period of 59 days at $250 per day, the accrued lien amount is $14,750. They were also assessed $323,500 for the non-compliance period of 1,294 days at $250 per day. Operational costs of $680.13 have been paid. On March 27, 2007, Indymac Bank, FSB, obtained title to the property through foreclosure. The property was sold to Mr. Elias Suardiaz on October 23, 2008. Mr. Suardiaz brought this property into compliance on September 17, 2010. Mr. Suardiaz is requesting a waiver of $338,250 in fines and a release of the lien since the violations occurred prior to his ownership of the property. FISCAL IMPACT: If approved by the Board, accrued fines in the amounts described in this summary 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 simple majority vote for approval. -JW RECOMMENDATION: That the Board waive the fines in relation to the code enforcement actions as described above, and by approval of this item, authorize the Chairman to sign the attached Release and Satisfactions of Lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: Four (4) Release and Satisfactions of Lien Item Number: Item Summary: Meeting Date: Agenda Item No. 16A4 January 11, 2011 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve Release and Satisfactions of Lien for four separate Code Enforcement cases. 1/11/2011 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Date Code Enforcement 12/7/2010 3:10:09 PM Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Date Transportation Administration 12114/2010 4:07 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 12/14/20104:48 PM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 12/16/2010 1 :39 PM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 12/20/2010 4:34 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 12/21/20108:14 AM Approved By Jeff Klatzkow County Attorney Date Approved By 12/21/20101:38 PM Randy Greenwald Office of Management & Budget Management/Budget Analyst Date Office of Management & Budget 12/23/201010:41 AM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 12/23/201010:56 AM Agenda Item No. 16A4 January 11, 2011 Page 4 of 9 This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Luis Angel Dones, Respondent The lien was recorded on March 30,2007, in Official Records Book 4205, Pages 0797, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen thousand three hundred eighty dollars and thirteen cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 1880 24th Avenue N.E., Naples, FL 34117 Folio No. 37864960003 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Approved as to, form and legal sufficiency r~""""""~ \ Agenda Item No. 16A4 January 11, 2011 Page 5 of 9 This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 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: M & M Developers, Inc., Respondent The lien was recorded on July 9, 2009, in Official Records Book 4470, Pages 1719, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty-one thousand eight hundred eighty-eight dollars and forty-three cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 4627 Arnold Avenue Folio No. 00279800002 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Deputy Clerk Approved as to form and legal sufficiency ') I , Agenda Item No. 16A4 January 11, 2011 Page 6 of 9 This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Augustin Dalusma and Marie O. Dalusma, Respondents The lien was recorded on September 18, 2009, in Official Records Book 4492, Pages 3349, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eighteen thousand seven hundred eleven dollars and seventy-three cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 406 2nd Street, Immokalee, FL Folio No. 74030680002 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency *::- Agenda Item No. 16A4 January 11, 2011 Page 7 of 9 This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Douglas Menendez, Respondent The lien was recorded on December 4, 2008, in Official Records Book 4411, Pages 1792, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty-one thousand three hundred sixty-seven dollars and fifty-two cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 219 Johnnycake Drive, Naples, FL Folio No. 82535560004 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency e' -~ J . Wright As . tant County Attorney ":t.......cn <(.......-- (000 .......Ncn /-0) en CO I.... .0.. 0) CO .....:::l -c: COCO -0, c: 0) en <( 0 0 0 0 0 0 C? 0 C? C? 0 0 0 ci 0 0 c:i c:i 0 Ll') 0 Ll') 0 0 Ll') I'- <::t N CJ'I CJ'I oo~ M~ \D~ oo~ \D~ ~ 00 rl M M I'- " rl -l/). rl M \D \D -l/). -l/). -l/). -v). -v). 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