Agenda 01/25/2011 Item #16A7
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1/25/2011 Item 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Herbert A. Salgat, Jr., Code
Enforcement Board Case No. CESD20100002534, relating to property located at
3660 23rd Avenue SW, Collier County, Florida
OBJECTIVE: That the Board of County Commissioners CIBCC") accept an offer to
partially release a code enforcement lien encumbering 3660 23 Avenue SW, for
payment of County hard costs.
CONSIDERATIONS: As a result of code violations at 5941 Cedar Lane, the Code
Enforcement Board ("CEB") ordered the imposition of a lien ("Lien") against the owner,
Herbert A. Salgat, Jr., in CEB Case No. CESD20100002534. The Lien was recorded in
the Official Public Records on September 13, 2010, at O.R. Book 4603, Page 3181, et
seq., and the Lien encumbers all real and personal property owned by Mr. Salgat.
As part of a pending residential sale between Mr. Salgat and a prospective buyer, the
prospective buyer (Samuel Lanzet) paid operational costs in the amount of $80.57 and
a fine of $250 to partially release the lien, with respect to 3660 23rd Ave SW only. There
are no code violations on this property. If the BCC accepts this settlement amount, any
property owned by Mr. Salgat would continue to be encumbered by the lien, in the
approximate amount of $48,000.
FISCAL IMPACT: The prospective buyer has provided payment of $330.57,
representing the proposed settlement amount, as a good faith commitment to this
proposed settlement and this payment is currently being held by the Code Enforcement
Department pending acceptance by the BCC. This amount is greater than the County's
actual costs in this matter.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval
requires a simple majority vote. -JW
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accept the proposed
settlement offer of $330.57, as described herein, and authorize the Chairman to sign the
attached Partial Release of Lien
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth management Division, Planning and Regulation.
. ATTACHMENTS: 1) Partial Release of Lien
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1/25/2011 Item 16.A. 7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
Item S~mmary: Recommendation to approve the partial release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Herbert A. Salgat, Jr., Code
Enforcement Board Case No. CESD20100002534, relating to property located at 3660 23rd
Avenue SW, Collier County, Florida
Meeting Date: 1/25/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
1/6/2011 3:46:55 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,
Date: 1/6/20113:59:32 PM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 117/20119:32:31 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 117/20112:50:07 PM
Name: FederNorm
Title: Administrator - Growth Management Div, Transportati
Date: 1/11/201111:15:27 AM
Name:Y'"rightJeff _.. .~--; ,- -~_- C.... _ ___.m._.. __._ ___
Title: .ASsistant County Attorney,CoUnty Attorney
Date: 1/12/2011 10:54:42 AM
Name: KlatzkowJeff
Title: County Attorney,
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1/25/2011 Item 16.A.7.
Date: 1/13/20114:33:10 PM
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Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 1/17/2011 7:32:25 PM
Name:lsackso~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/18/2011 8:42:56 AM
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1/25/2011 Item 16.A.7.
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
PARTIAL RELEASE 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:
Herbert A. Salgat, Jr., Respondent
The lien was recorded on September 13, 2010, in Official Records Book 4603, Pages
3181'-3183, in the Official Records of Collier County, State of Florida. The lien secures
the principal sum of six thousand five hundred eighty dollars and fifty-seven cents, plus
accrued penalties.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release of Lien, acknowledges partial payment and hereby cancels and releases the
lien in relation to the following property only.
The East 165 feet of Tract 85, Golden Gate Estates, Unit 28, according to the plat
thereof, as recorded in Plat Book 7, Pages 19 and 20,
in the Public Records of Collier County, Florida .
(aka 3660 23rd Avenue SW, Collier County, Florida)
Folio No. 38048240001
The Board of County Commissioners hereby acknowledges that the lien ceases to exist
as to the above described property only, and that the lien shall remain in full force and
effect with respect to all other real and personal property owned by Respondent.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Partial
Release of Lien, by action of the Board on this day of
,2011.
ATTEST
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
, Chairman
Approve~ as t9 (on:n anc:tlegalsufflcjen.cy __._ ~
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J ff E. right.
A . ant County Attorney
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