Agenda 05/11/2010 Item #16K 1EXECUTIVE SUMMARY
Agenda Item No. 16K1
May 11, 2010
Page 1 of 5
Recommendation to release a code enforcement lien, for payment of $15,000, as
approved by the Board on April 13, 2010, in the action entitled Board of County
Commissioners vs. Richard Carter, Special Magistrate Case No. 2007-060653,
relating to property known as 196 Briarcliff Lane, Collier County, Florida.
OBJECTIVE: To release a code enforcement lien and underlying order, consistent with
an approved settlement, for payment of $15,000, in relation to the Special Magistrate
action entitled Board of County Commissioners VS. Richard Carter.
CONSIDERATIONS: On April 13, 2010, under Item 10.A, the Board of County
Commissioners ("Board") approved an offer to settle a lien with an accrued value of
$131,000, for payment of $15,000.
The settlement offer was made by Burt Saunders, Esq., on behalf of JP Morgan Bank
d/b/a Washington Mutual Bank ("Washington Mutual"; see offer letter included in the
backup materials for this item). The underlying violation relates to a damaged pool
enclosure that resulted in "insect infestation, stagnate of polluted water, mold, litter and
debris in the pool water."
As a result of the violations, an order was recorded on November 8, 2007, in O.R. Book
4300, Page 2720, which required (then owner) Mr. Carter to abate the violation or face
a fine of $250 per day. Following a period of non-compliance, a lien was imposed and
recorded on January 24, 2008, at OR Book 4324, Page 0043, which provided for
continuing accrual of fines.
On March 9, 2009, Washington Mutual took title to the property through foreclosure, and
on April 7, 2009, the property was brought into compliance. By the time the property
was brought into compliance, fines had grown to $131,000.
FISCAL IMPACT: Because the Board approved the settlement on April 13, 2010
(which approval had a fiscal impact of $116,000), the only fiscal impact of this particular
item is nominal cost ($10) of recording the release. Operational costs have been paid.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board authorize the Chairman to sign the Release and
Satisfaction of Lien included in the backup for this item.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
May 11, 2010
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to release a code enforcement lien, for payment of $15,000, as approved
by the Board on April 13, 2010, in the action entitled Soard of County Commissioners vs.
Richard Carter, Special Magistrate Case No. 2007-060653, relating to properly known as 196
Sriarcliff Lane, Collier County, Florida.
5/11/20109:00:00 AM
Date
Prepared By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
4/28/20109:38:18 AM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
4/28/20109:58 AM
Date
Approved By
Jeff Klatzkow
County Attorney
4/28/20103:18 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
4/29/20108:15 AM
Date
Approved By
Randy Greenwald
Office of Management &
Budget
ManagemenUBudget Analyst
Office of Management & Budget
4/29/20109:56 AM
Approved By
Date
Leo E. Ochs, Jr.
County Managers Offfce
County Manager
County Managers Office
514/20109;33 AM
GRAYIROBINSON
^TTORNEYS ^T L^W
Agenda Item No. 16K 1
May 11, 2010
Page 3 of 5
STABtLE BUILDING
5551 RIDGEWOOD DRIVE
SUITE 101
NAPLEs, FL HIOS
TEL 239.598.360t
fAX 239.598.31604-
gn.y-robibaon.com
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jACKSONYIUE
KE.Y WEST
LtKELAND
ME.UOUltNE
MIAMI
NAPlES
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TALLAHASSEE.
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239-598-3601
BURT .SAUNDERS(a}GRA Y-ROBINSON. COM
March 10,2010
HAND DELIVERY
Board of County Commissioners
3301 E. Tamiami Trail, 3rd Floor
Naples, FL 34112
Re: Settlement Proposal for 196 BriarcliffLane, Case # 2007-0606653
Dear Commission Members:
We represent JP Morgan Chase Bank d/b/a Washington Mutual Bank ("Bank"), current
owner of the above referenced property. We are requesting on behalf of the Bank a reduction in
the Code Enforcement fines that have been levied on this property and provide as follows the
justification for the Board of County Commissioners' consideration.
On October 19, 2007, a Special Magistrate imposcd a $250 per day fine on the above
property because of various violations associated with the pool area of the home. The owner of
the property at that time was Mr. Richard Carler who took no action to abate the violations. On
January 25, 2008, the Bank filed a notice of lis pendins on the property and acquired the property
through foreclosure on February 24, 2009.
On March 26, 2009, the Bank learned of the pool violations and immediately took action
to abate the violations. The properly was in full compliance on April 3, 2009, just one week
after the Bank learned of the violations. The Bank expended approximately $2000 to make the
necessary repairs.
By that time, the fines had reached $131,000. The objective in all code enforcement
actions is to obtain compliance in order to protect the public health, safety and welfare. The
Bank acted in a responsible way in correcting the code violations immediately upon learning of
the violations. Though the bank understands that a certain amount of the fines will have to be
paid to ensure that county taxpayers do not incur any expense in the elimination of the code
violations, it is our belief that requiring the Bank to pay a high fine as punishment is not
warranted under these circumstances. The Bank at all times acted responsibly and corrected the
violations immediately upon learning of them.
J
, .
Agenda Item No. 16K1
May 11, 2010
Page 4 of 5
GRAvRoBINSON
PROFESSIONAL ASSOCIATION
Board of County Commissioners
March 10, 2010
Page 2
The Bank proposes that in addition to the costs to correct the violations, that the Bank
should pay to the county fifteen thousand dollars ($15,000) to settle in total the froes for the code
violations in Case No. 2007-060653. This will ensure that the county taxpayers have not
incurred the costs associated with this code enforcement action. It will also send the proper
message that when code violations are corrected in a timely fashion, consideration will be given
to reducing the fines significantly.
Thank you for your consideration of this request.
Sincerely,
\7\260.# 22282 vI
Agenda Item No. 16K1
May 11, 2010
Page 5 of 5
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Office of the Collier County Attorney
3301 East Tamiami Trail, 8th Floor
Naples, Florida 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:
Richard Carter, Respondent
The lien was recorded on January 24, 2008, in Official Records Book 4324, Pages 43,
et seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of seventeen thousand two hundred fifty dollars. and the accrued sum of
one hundred thirty-one thousand dollars, inclusive of costs, accrued interest, and
penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
196 Briarcliff Lane, Naples, Florida 34113, folio #54951720003
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien. acknowledges full satisfaction of the lien and the related
underlying order recorded at OR. Book 4300, Pages 2720, et seq., 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