Agenda 06/22/2010 Item #16A 5
Agenda Item No. 16A5
June 22, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept an offer to settle a code enforcement lien in relation
to the action entitled Board of County Commissioners VS. Louise Lorestie and
Mortimer Calizte Estate, Code Enforcement Special Master Case No. 2005-090887,
relating to property located at 4106 Rose Avenue, Collier County, Florida,
(Revenue received $8,769.83)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $8,769.83 and waive the $8,430.17 balance on
the lien, in relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners vs. Louise Lorestie and Mortimer Calizte Estate, Code Special
Magistrate Case No. 2005-090887.
CONSIDERATIONS: On December 8,2005, the Code Enforcement Special Magistrate
found Louise Lorestie and Mortimer Calizte (Respondents) in violation of the Collier
County Code of Laws and Ordinances for having unlicensedlinoperable vehicles parked
on the grass. A written order was recorded on December 8, 2008, at O.R. Book 3944,
Page 0249.
Respondent was ordered to correct the violations by removing unlicensed/inoperable
vehicles parked on the grass on or before December 8, 2005, or a fine of $50 per day
would be imposed until compliance had been met.
Due to non-compliance and based on the above order, the Code Enforcement Special
Magistrate entered an order dated January 19, 2007, imposing a lien ("Lien"). The Lien
was recorded on February 5,2007, at O.R. Book 4178, Page 2572, of the Official Public
Records of Collier County. The property was brought into compliance by the
Respondent on November 17,2008.
For the noncompliance period of 344 days on the above order at $50 per day, the
accrued lien amount is $17,200.
IB Property Holdings, LP, which took title to this property in December 2009, following a
foreclosure, has submitted payment in the amount of $8,600 as a settlement offer. In
exchange for this payment, they are requesting a waiver of $8,430.17 in fines that
accrued prior to their taking title, and a release of the lien. Operational Costs in the
amount of $169.83 have been paid.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $8,430.17
will be waived.
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
Agenda Item No. 16A5
June 22, 2010
Page 2 of 4
RECOMMENDATION: That the Board waive the fines and release the Lien recorded at
O.R. Book 4178, Page 2572, of the Official Public Records of Collier County, in relation
to the Code Enforcement Special Magistrate action entitled Board of County
Commissioners vs., Louise Lorestie and Mortimer Calizte Estate Case No. 2005-
090887 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, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Release and Satisfaction of Lien
Item Number:
Item Summary:
Meeting Oate:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No 16A5
June 22, 2010
Page 3 of 4
16A5
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs_ Louise Lorestle and Mortimer Calizte Estate.
Code Enforcement Special Magistrate Case No 2005090887, relating to property located at
4106. Rose Avenue, Collier County Florida
6/22/201090000 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Code Enforcement
6/3/20103:24:45 PM
Approved By
Jeff Wright
County Attorney
Administrator - Transportation
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Transportation Administration
6/8/20109:27 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Assistant County Attorney
Date
Approved By
Nick Casalanguida
Transportation Division
County Attorney
6/8/2010 10:09 AM
Approved By
Jeff Klatzkow
Director - Code Enforcement
Date
Approved By
OMS Soordinator
County Manager's Office
Code Enforcement
6/8/20104:47 PM
Approved By
Michael Sheffield
Operations Analyst
Community Development &
Environmental Services
Date
6/9/20108:39 AM
Director ~ Transportation Planning
Date
Transportation Planning
6/9/20108:51 AM
County Attorney
Date
6/10/201011:36 AM
Date
Office of Management & Budget
6/1012010 3 :24 PM
Assistant to the County Manager
Date
County Managers Office
6110/20104:00 PM
Agenda Item No. 16A5
June 22, 2010
Page 4 of 4
This Instrument Prepared By:
Jeff E. Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 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:
Louise Lorestie and Mortimer Calizte Estate, Respondent(s)
The lien was recorded on 2/5/2007 in Official Records Book 4178, Pages 2572-73, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of seventeen thousand three hundred sixty-nine dollars and eighty-three 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:
4106 Rose Avenue, Naples, FL
Folio No. 67490440006
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 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:
Fred W. Coyle, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
right
nt County Attorney