Agenda 05/25/2010 Item #16A 4
Agenda Item No, 16A4
May 25,2010
Page 1 of6
EXECUTIVE SUMMARY
Recommendation to approve a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Actions
entitled HSBS Bank USA National Association Trust, Special Magistrate
Case Numbers 2007-010799, CESD-2008-0007775, and CESD-2008-
0007891, relating to property located at 3160 4th Street NW, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners approve a proposed
settlement with HSBS Bank USA National Association Trust ("HSBS Bank"), to
release three code enforcement liens with a combined accrued value of
$239,975.41, in exchange for payment of $109,294.00, in the Code Enforcement
Special Magistrate cases Collier County v. HSBS Bank USA National Association
Trust, Case Numbers 2007-010799, CESD-2008-000775, and CESD-2008-
0007891.
CONSIDERATIONS: On November 16, 2007, the Special Magistrate found
Carlos Pio and Melva Pio (Respondents) in violation of the Collier County Land
Development Code for building and placement of a fence without a Collier
County Building permit in Case 2007-010799. The Respondent was ordered to
apply for a permit, request all inspections and obtain a Certificate of Completion
on or before December 16, 2007 or a fine of $100 per day would be imposed
until the property was brought into compliance. HSBS Bank acquired the
property through foreclosure on December 27, 2007,
Based on the above order, the Special Magistrate entered an order (dated May
16,2008) imposing a lien. The lien provided for continuing accrual of fines, and
was recorded on June 5, 2008, at O.R. Book 4367, Pages 0417, et seq., of the
Official Public Records of Collier County. The property was brought into
compliance by HSBS Bank on January 13, 2010. Operational costs of $240.12
in this case were paid on February 8,2010.
Additionally, on September 5, 2008, the Special Magistrate found HSBS Bank in
violation of the Collier County Land Development Code for a Tiki Hut built on
residential property without obtaining Collier County permits in Case CESD-
2008-0007775. The Respondent was ordered to either obtain a Collier County
building permit or demolition permit, with all required inspections and a Certificate
of Completion on or before December 5, 2008 or a fine of $200 per day would be
imposed until the property was brought into compliance.
Based on the above order, the Special Magistrate entered an order (dated
January 12, 2009) imposing a lien. The lien provided for continuing accrual of
fines, and was recorded at O.R. Book 4422, Pages 3965, et seq" of the Official
Public Records of Collier County. The property was brought into compliance by
HSBS Bank on January 14, 2010. Operational costs of $117,69 in this case
were paid on February 8,2010.
Agenda Item No, 16A4
May 25, 2010
Page 2 of 6
Also, on September 5, 2008, the Special Magistrate found HSBS Bank who
acquired the property through foreclosure, in violation of the Collier County Land
Development Code for a pool with an expired permit and a Certificate of
Completion never obtained in case CESD-2008-0007891. The Respondent was
ordered to either obtain a Collier County building permit or demolition permit, with
all required inspections and a Certificate of Completion on or before December 5,
2008 or a fine of $200 per day would be imposed until the property was brought
into compliance,
Based on the above order, the Special Magistrate entered an order (dated
January 12, 2009) imposing a lien. This third lien, which also provided for
continuing accrual of fines, was recorded at OR. Book 4422, Page 3960, et seq.,
of the Official Public Records of Collier County. The property was brought into
compliance by HSBS Bank on January 22,2010. Operational costs of $117.60
were paid on February 8,2010,
HSBS Bank has expended $10,456, to bring the property into compliance and
has submitted payment of $109,294 for consideration of a settlement and release
of lien, This settlement request by HSBS Bank was received prior to discussion
of the revised Resolution 2001-316. The County Attorney's Office has advised
there is no legal obligation to revise the settlement amount.
FISCAL IMPACT: The Bank has provided payment of $109,294 for
consideration of their settlement offer; all operational costs have been paid.
These funds have been deposited into the Special Magistrate Fines Revenue
Account MSTD General Fund 111.
If the settlement offer is approved by the Board, the remaining fines in the
amount of $130,206. will be waived. The operational costs for all three cases
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 of County Commissioners accepts the
proposed settlement agreement and authorizes the Chairman to sign the
attached Release and Satisfactions of Lien.
PREPARED BY: Jen Waldron, Code Enforcement Supervisor
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A4
May 25, 2010
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation to approve Proposed Settlement providing for Compromise and Release of
Liens in the Code Enforcement Action entitled HSBS Bank USA National Association Tr.,
Case Numbers 2007010799, CESD2008000775, and CESD20080007891 relating to
property located at 3160 4th Street NW, Naples, Florida,
5/25/2010900:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
3/18/20104:20:33 PM
Date
Approved By
Nick Casalanguida
Transportation Division
Director ~ Transportation Planning
Transportation Planning
3/31/20108:27 AM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
4/15/20103:01 PM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
4/15120104:07 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
4/15/20104:10 PM
Approved By
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
4/16/201010:44AM
Date
Approved By
Jeff Klatzkow
County Attorney
4116120104:03 PM
Date
Approved By
Michael Sheffield
Assistant to the County Manager
County Managers Office
5/14/2010 4:54 PM
Agenda Item No, 16A4
May 25, 2010
Page 4 of 6
This Instrument Prepared By:
Jen Waldron
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
certain lien against:
HSBS Bank USA Natl Assoc. Tr.
The lien was recorded on January 28, 2009 in Official Records Book 4422, Pages 3960,
et seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal accrued sum of eighty-two thousand seven hundred seventeen dollars and
sixty cents, plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, which property is described as
follows:
Folio No, 37645480003
3160 4th Street NW, Naples, FL
Collier County, a political subdivision of the State of Florida, by execution of this
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 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
.
Agenda Item No, 16A4
May 25,2010
Page 5 of 6
This Instrument Prepared By:
Jen Waldron
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
certain lien against:
HSBS Bank USA Natl Assoc. Tr.
The lien was recorded on January 28, 2009 in Official Records Book 4422, Pages 3965,
et seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal accrued sum of eighty-one thousand one hundred seventeen dollars and sixty-
nine cents, plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, which property is described as
follows:
Folio No. 37645480003
3160 4th Street NW, Naples, FL
Collier County, a political subdivision of the State of Florida, by execution of this
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 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
.
Agenda Item No, 16A4
May 25, 2010
Page 6 of 6
This Instrument Prepared By:
Jen Waldron
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
certain lien against:
HSBS Bank USA Natl Assoc. Tr,
The lien was recorded on June 5, 2008, in Official Records Book 4367, Pages 417, et
seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal accrued sum of seventy-six thousand one hundred forty dollars and twelve
cents, plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, which property is described as
follows:
Folio No. 37645480003
3160 4th Street NW, Naples, FL
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien,
The Clerk of the Circuit Court 15 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 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
A-- ~.,
J{lff Wright
As:;j:;{ant County Attorney