Agenda 05/25/2010 Item #16A 9
Agenda Item No, 16A9
May 25, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs.
Marvin R. Hoeman, Code Enforcement Board Case No. CESD20080005124,
relating to property located at 5513 26th Ave SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien in relation to the Code Enforcement Board
action entitled Board of County Commissioners VS. Marvin R. Hoeman, Case No.
CESD20080005124.
CONSIDERATIONS: On October 31,2008, the Code Enforcement Board found
Marvin R. Hoeman (Respondent) in violation of the Collier County Code of Laws
and Ordinances and the Florida Building Code.
Respondent was ordered to correct the violations by obtaining any and all
permits required by Collier County building permil for the home and by obtaining
all inspections and certificate of occupancy on or before January 29, 2009, or a
fine of $200 per day would be imposed until compliance had been met. In the
alternative, obtaining a Collier Counly demolilion permit, inspections, and
certificate of completion on or before January 29, 2009, or a fine of $200 per day
would be imposed until compliance had been met. The order, was recorded on
November 31,2008, at O.R. Book 4407, Page 1781.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order dated March 3, 2009, imposing a lien ("Lien"). The Lien was
recorded on March 11, 2009, at O.R. Book 4434, Page 1342, et seq., of the
Official Public Records of Collier County. The property was never brought into
compliance by the Respondent.
On February 17, 2009, PNC Bank, National Association Successor by Merger to
National City Bank obtained title to the above property through foreclosure. The
bank proceeded to get bids, hire a contractor, and complete construction to bring
the property to compliance. They paid a total of $52,995 to bring the property into
compliance and are requesting a waiver of $68,400 in accrued fines and release
of the lien.
The settlement agreement was received prior to the Board discussion on May 11,
2010 of the revised resolution. This offer is consistent with both prior criteria and
the proposed resolution.
FISCAL IMPACT: United National Bank has paid the Operational Costs of
$87.57 for consideration of this lien release. If approved by Ihe Board, the total
lien amount of $68,400 will be waived.
Agenda Item No. 16A9
May 25, 2010
Page 2 of 5
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. If
approved, the lien and all related fines will be permanently relinquished. -JW
RECOMMENDATION: That the Board accept a settlement offer of $52,995 and
release the Lien recorded at O.R. Book 4434, Page 1342, et seq., of the Official
Public Records of Collier County in relation to the Code Enforcement Board
action entitled Board of County Commissioners VS. Marvin R. Hoeman., Case
No. CESD2008000512 and authorize the Chairman to sign the attached Release
and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
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Page 3 of
INVOICE
Date: January 5'''. 2010
To: Prosu1ts Realty
4500 Executive Dr, Suite 330
Naples, FL 34119
SeI1t Via E-mail to:
Laura@NaplesREO.com
From: Bob Dunbar
Job: 5513 2(ih Ave SW - Repairs to obtain C of 0
Complete kitchen and bath cabinetry, tops tile and tubes
Comptete AlC and vents
Install Garage Door and opener
Hurricane Shutters per code
Complete Plumbing - HW Heater, Hose bibs and trim out
Complete Electric
Well- dig new well
Water System - complete system
Septic - drainfield and tank
Paint - inside and out
Sod and Landscaping
Misc (clean up, dumpster toilet, closet)
Shelving, mailbox, house numbers
Sub Total
$ 5,180.00
$ 4,900.00
$ 3,500.00
$ 2,100.00
$ 2,520.00
$ 2,380.00
$ 3,500.00
$ 3,500.00
$11,200.00
$ 3,080,00
$ 2,240.00
1ncl
$ 4 340.00
$48.440.00
Additional products services:
Supply and install: Range, Microwave and Dishwasher (B1dr Grade) $ 1,655.00
Supply and install: Carpeting in bedrooms, Vinyl in wet areas $ 2,900.00
At same cost upgraded tile has been substituted for vinyl and carpet
All mise items needed to complete project for FHA resale
Grand Total S52,995.00
All work completed as specified, see attached copy of the Certificate of Occupancy
See attached copy ofa completed W-9
See attached photos for your reference
Payment due upon receipt of invoice
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A9
May 25. 2010
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs, Marvin R Hoeman. Code Enforcement
Board Case No, CESD20080005124, relating to property located at 5513 26th Avenue SW,
Collier County. Flonda,
5/25/20109:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager. Code Enforcement Operations
Code Enforcement
4/16/20103:29:54 PM
Date
Approved By
Nick Casalanguida
Transportation Division
Director. Transportation Planning
Transportation Planning
4/2812010 1: 13 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
5/13120102:22 PM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
5/13/20103:40 PM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
5/13/20107:07 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
5114120101:24 PM
Date
Approved By
Jeff Klatzkow
County Attorney
5/17/201010:23 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/17/20106:50 PM
Agenda Item No. 16A9
May 25, 2010
Page 5 of 5
This Instrument Prepared By:
Jeff E. Wright
Assistant County Attorney
Office of the Collier County Attorney
3301 E. Tamiami Trail
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
certain lien against:
MARVIN RALPH HOEMAN
The lien was recorded on March 11, 2009, in Official Records Book 4434, Pages 1342,
et seq., in the Official Records of Collier County, State of Florida. The lien secures the
principal accrued sum of sixty-eight thousand four hundred dollars, plus 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:
Folio No. 36371040006
5513 26'h Avenue SW, Naples, Florida
Lot 26 in block 181, Golden Gate Unit 6, Part 1,
According to the Plat thereof, as recorded in
Plat Book 9, at Page 2, of the Public Records
of Collier County
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.
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
v d as to form and legal sufficiency
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