Agenda 12/13/2011 Item #16A1412/13/2011 Item 16.A.14.
Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of
County Commissioners vs. James X Towne and Deborah R Towne, Code Enforcement special
Magistrate Can No. CEPM=20MM16337, relating to property located at 4419 18th Avenue SRS,
Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code
enforcement lien for payment of $49,000, in relation to the Code Enforcement Special Magistrate action
entitled Board of County Commissioners vs. James K Towne and Deborah R Towne (Respondents), CEB
Case No. CEPM- 2008 - 0016337.
CONSIDERATIONS: On July 16, 2010, the Code Enforcement Special Magistrate, found respondents
in violation of the Collier County Code of Laws and Ordinances relating to property located at 441918e
Avenue SW for a vacant structure with damaged roof. A written order was recorded on July 30, 2010 at
O.R. Book 4590, Page 2183.
Based on the above order, the Special Magistrate entered a lien order, which was recorded on September
20 2010, at O.R. Book 4606, Page 599, of the Official Public Records of Collier County. The lien
encumbers -all real and personal property owned by James K. Towne and Deborah B. Towne, including
4419 18 Avenue SW and the lien amount totals $63,250.
Deutsche Bank National Trust Company took possession of the subject property with a Certificate of Title
recorded on October 12, 2010 due to foreclosure. Fines accrued from October 13, 2410 to April 26, 2011
n at $250 per day total $49,000. Bank of America, servicer for the new owner, has submitted payment in the
amount of $49,000 as a good faith settlement payment. Operational costs of $112.29 have been paid. The
property was abated by the bank on April 26, 2011. In accordance with provision under 4.1.D. of
Resolution 2010 -101 which states as follows: "For code enforcement liens and fines on a property that
has new ownership,, fines that accrued prior to transfer of title would be considered for waiver so long as
the new owner has diligently pursued abatement and compliance has been achieved." In exchange for
this payment, the applicant is requesting a waiver of $14,250 in fines that accrued .prior to Deutsche
Bank's acquisition of the property.
U&CAL &W-AST: This proposed settlement recoups all County hard costs. If Board approves the
payment of $49,000, accrued fines prior to Bank's acquisition of ownership in the amount of $14,250 will
be waived
GROW= MANAGEiMiENT pA : There is no growth management impact associated with
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this Executive Summary.
LEGAL CONSIDER &UONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
RECOWSMATION: That the Board waives the fines in the amount of $14,250 and release the
lien based on the settlement amount of $49,000, as described herein, and by approval of this item,
authorizes the Chairman to sign the attached release of lien.
PREPARED BY: Marlene Serrano Operations Manager, Code Enforcement Department, Growth
Managemcrtt Division, Planning and Regulation.
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ATTACHMENT: Release of lien
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12/13/2011 Item 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14.
12/13/2011 Item 16.A.14.
Item Summary: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. James K. Towne and Deborah B. Towne,
Code Enforcement Special Magistrate Case No. CEPM- 2008 - 0016337, relating to property
located at 4419 18th Avenue SW, Collier County, Florida.
Meeting Date: 12/13/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
11/15/20119:50:54 AM
Submitted by
Title: Manager - Code Enforcement Operations,Code Enforce
Name: SerranoMarlene
11/15/20119:50:56 AM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 11/17/20114:50:52 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/17/20115:04:23 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/18/20113:15:27 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/21/2011 12:24:22 PM
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12/13/2011 Item 16.A.14.
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/21/2011 1:33:45 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/21/2011 3:12:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:31:29 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20113:21:38 PM
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This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by,
12/13/2011 Item 16.A.14.
the BOARD OF COUNTY
the owner and holder of a
James K. Towne and Deborah B. Towne
The lien was recorded on September 20, 2010 in Official Records Book 4606, Page
599, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Sixty Three Thousand, Two Hundred and Fifty dollars, and operational
costs of One Hundred and Twelve Dollars and Twenty Nine Cents.
Collier County, a political subdivision of the State of Florida, by execution of this Release
of Lien, acknowledges partial payment and hereby cancels and releases the lien.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release of
Lien, by action of the Board on this day of , 2011.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency
Jeff V. Wight
AssiSUA County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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