Agenda 03/09/2010 Item #16A 4
Agenda Item No. 16A4
March 9, 2010
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs.
Samuel Lee Miller, Jr., Case No. 2006-030716 relating to property located at
4814 Myers Road, Immokalee, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien, and waive the $10,600 balance on the Lien in
relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners VS. Samuel Lee Miller, Jr., Case No. 2006-030716.
CONSIDERATIONS: On September 15, 2006, the Code Enforcement Special
Magistrate found Samuel Lee Miller, Jr. (Respondent) in violation of the Collier
County Code of Laws and Ordinances for accumulation of litter and debris.
Respondent was ordered to correct the violations by removing all litter and debris
from the entire property and dispose of same at a facility intended for such use
on or before September 25,2006, or a fine of $100 per day would be imposed
until compliance had been met.
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Due to non-compliance and based on the above order, the Special Magistrate
entered an order dated April 6, 2007, imposing a lien ("Lien"). The Lien was
recorded at O.R. Book 4215, Page 4142, et seq., of the Official Public Records of
Collier County. The property has been brought into compliance by the
Respondent. Fines were assessed for the noncompliance period of 106 days at
$100 per day; the accrued Lien amount is $10,600.
The Respondent conveyed the above-referenced property to Bill Ray Morgan by
quitclaim deed on September 18,2008 (and re-conveyed in July 2009 due to an
error in the legal description), Mr. Morgan has stated that he was not aware of
any liens on the property and is requesting a waiver of the $10,600 in assessed
fines and a release of the Lien. Operational Costs in the amount of $152.05
were paid by Mr. Morgan on December 18, 2009. The property is not a
homestead.
FISCAL IMPACT: The Respondent has paid the Operational Costs of $152.05
for consideration of this lien release. If approved by the Board, accrued fines in
the amount of $10,600 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
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LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
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Agenda Item No. 16A4
March 9, 2010
Page 2 of 5
RECOMMENDATION: That the Board waive the fines and release the Lien
recorded at O.R. Book 4215, Page 4142, et seq., of the Official Public Records of
Collier County for payment received from Bill Ray Morgan in the amount of
$152.05 for operational costs, in relation to the Code Enforcement Board action
entitled Board of County Commissioners VS. Samuel Lee Miller, Jr., Case No.
2006-030716. And by approval of this item, authorize the Chairman to sign the
attached Release and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department
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Agenda Item No. 16A4
March 9, 2010
Page 3 of 5
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16A4
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Samuel Lee Miller, Jr., Case No.
2006030716, relating to property located at 4814 Myers Road, Immokalee, Florida.
3/9/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Marlene Serrano Manager ~ Code Enforcement Operations Date
Community Development & Code Enforcement 2/10/20104:06:38 PM
Environmental Services
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 2/11/20107:51 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development & 2/11/2010 10:46 AM
- Environmental Services Environmental Services
Approved By
Diane B. Flagg Director ~ Code Enforcement Date
Community Development & Code Enforcement 2/11/20101:41 PM
Environmental Services
Approved By
Jeff Klatzkow County Attorney Date
2/12/20108:43 AM
Approved By
Nick Casalanguida Director - Transportation Planning Date
Transportation Division Transportation Planning 2/18/2010 10:45 AM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 2/23/20108:47 AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
- Office of Management &
Budget Office of Management & Budget 2/27/20109:58 AM
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Agenda Item No. 16A4
March 9, 2010
Page 4 of 5
This Instrument Prepared By:
Marlene Serrano
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:
Samuel Lee Miller, Jr.
The lien was recorded on 04/19/2007 in Official Records Book 4215, Page 4142, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Ten Thousand Six Hundred dollars and zero cents, plus costs and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
which property is described as follows:
4814 Myers Road, Immokalee, FL 34142
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.
,
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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
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Agenda Item No. 16A4
March 9, 2010
Page 5 of 5
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December 29, 2009
Re: ParcellD 00055080004
4814 Myers Rd., Immokalee, FI34142
To Whom It May Concern:
I purchased above referenced property from Samuel Lee Miller, Jr. by Quit Claim deed
on November 18, 2008 as recorded in Official Records Book 4394, Page 2962, Public
Records of Collier County, FI. When I purchased it, I did not obtain a title search and
the seller apparently was not aware of any Code Enforcement Lien on the property, in
any event he did not disclose it. I do not think he was living at his tax mailing address
for a long time and perhaps he did not receive the documents. I would rather give him
the benefit of the doubt as we knew each other.
In any event, I would appreciate you working with me on this. I did rerecord the quit
--,,:Iaim deed on July 20,2009 in Official Records Book 4473, Page 2977, Public
{ecords of Collier County, Florida at the request of the Collier County to perfect the
original recorded documents and correct the legal description.
I have been in contact with Code Enforcement on several occasions but did not know
anything about the Code Enforcement Lien. Please be kind enough to work with me
on this outstanding amount. I did remove all the debris myself and obtained a permit to
remove same. I thought I was fully cooperating with Code Enforcement and now that I
am trying to sell my property the title company has informed me of this outstanding
lien.
Respectfully,
Billy Ray Morgan
1232 Belgrave St.
Ft. Myers, FI 33913-9113
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