Agenda 06/22/2010 Item #16A22
Agenda Item No. 16A22
June 22, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the Code
Enforcement Action entitled Board of County Commissioners vs, Odet A. Mendez,
Code Enforcement Special Magistrate Case No. CESD20080009445, relating to
property located at 1924 41st Street SW, Collier County, Florida. (Revenue
received $23,876.43)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $23,876.43, and waive the $30,241 balance on
the lien, in relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners vs. Odet A Mendez, Code Enforcement Special Magistrate
Case No. CESD20080009445.
CONSIDERATIONS: On November 21, 2008, the Code Enforcement Special
Magistrate found Odet Mendez (Respondent) in violation of the Collier County Code of
Laws and Ordinances for converting a garage into living space without obtaining a
building permit. A written order was recorded on December 4, 2008, at O.R. Book
4411, Pages 1837-38.
Respondent was ordered to correct the violations by:
1. Applying for and obtaining all required Collier County Building Permits, all
required inspections and a Certificate of Completion on or before April 21, 2009,
or a fine of $200 per day would be imposed until compliance had been met.
Respondent also had the option of obtaining a demolition permit for the removal
of all unpermitted improvements to this property on or before April 21, 2009, or a
fine of $200 per day would be imposed until compliance had been met.
2. The interior area of the garage conversion could not be occupied by the
respondent or any other persons until and unless the proper permits, inspections
and Certificate of Completion were obtained on or before April 21, 2009, or a fine
of $200 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 June 5, 2009, imposing a lien ("Lien"). The Lien was
recorded on June 22, 2009, at OR. Book 4463, Page 3282, of the Official Public
Records of Collier County. The property was never brought into compliance by the
Respondent.
For the noncompliance period of 267 days, at $200 per day, the accrued lien amount is
$53,400, plus operational costs of $117.43.
~-
On November 10, 2009, Federal National Mortgage Association (FNMA) obtained title
to the property from Respondent through foreclosure.
Agenda Item No. 16A22
June 22.2010
Page 2 of 7
The property was brought into compliance by FNMA on January 13, 2010, by obtaining
an after-the-fact Certificate of Completion for Demolition permit #2009121137, to restore
the garage to original condition by removing the living space conversion. FNMA
expended $2,950 to bring this property into compliance and has requested that the
Board accept a settlement amount of $23,876.43 to release the lien on the property so
that it may be sold.
Federal National Mortgage Association has submitted payment in the amount of
$23,876.43 for consideration of their settlement offer, which includes operational costs
of $117.43.
The bank funds and the settlement agreement were received prior to the Board
approval on May 25, 2010 of the revised code enforcement collections resolution
(Resolution No. 2010-101).
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $30,241
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
RECOMMENDATION: That the Board waive the fines and release the Lien recorded at
O.R. Book 4463, Page 3282, of the Official Public Records of Collier County, in relation
to the Code Enforcement Special Magistrate action entitled Board of County
Commissioners VS. Odet Mendez., Case No. CESD20080009445, 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 of Lien
2) Backup Documentation
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A22
June 22, 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A22
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Odet Mendez, Code Enforcement Board
Case No CESD20080009445, relating to property located at 1924 41st Street SW Collier
County, Florida
6/22/201090000 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
6/8/20104:55:25 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
6/8/20105:47 PM
Approved By
NiCk Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
6/9/20109:15 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
6/9/20102:05 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
6/9/20103:02 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
6/10/201010:18 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6/10/2010 11 :34 AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/10/20101:20 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
6/11f2010 3:10 PM
Agenda Item No 16A22
June 22, 2010
Page 4 of 7
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:
Odet A. Mendez, Respondent
The lien was recorded on 6/22/2009 in Official Records Book 4463, Pages 3282-3286,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of nine thousand one hundred seventeen dollars and forty-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:
1924 41st Street SW, Naples, FL
Folio No. 35880920003
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:
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
I
~
FannieMae
Maintenance and Repair Work Authorization
Agenda Item No. 16A22
June 22, 2010
Page 5 of 7
DAlE:
PAGE:
Dee 18, 2009
-1-
ORDER NO: AR091=01
PAY TO TONY'S CONSTRUCTlON & REMODELING LLC. REGIONAL SOUTHWESTERN REGIONAL OFFICE
VENDOR: 14536 SW 98 TERRACE OFFICE:
MIAMI, FL 33186 DALLAS, TX 75254-2916
PAY TO TRI40458X
FANNIE MAE LOAN NO: REO 10: SERVICER LOAN ID: PROPERTY 192441STSTSW
ADDRESS:
1705168840 A0912ZZ 1010550364 NAPLES, FL 34118
SERVICER NAME SERVICER NO CONTRACTOR NAME CONTRACTOR NO.
ONEWEST BANK, FSB 269300019 TONY'S CONSTRUCTlON & REMODELI~ TRI404S8X
TO: (NAME AND ADDRESS OF
8ROKER)
L.H. FLEMING & CO., REAL ESTATE
828 ANCHOR RODE
NAPLES. FL 34103
ITEM
I Structural - Othor
DESCRIPTION
TOTAL ORDERED
You are authorized to contact on behalf of Famle
Mae for the following maintenance and/or repairs to
tho abovo proporty. Cost to porfonn oacl1llom may
not exceed the lmount authorized below wIhoul
prior written authorization from Fannie Mae.
I
AMOUNT
$2,200.00
$2,200.00
0 Submit to lender above for payment For Fannie Mae Use Only
0 SutJmil to regional olflco abo'/8 for poymorrt Prior Authoriza6on (If any)
Accumulatecr
0 Submit to escrow company below (fill in) for payment. For work exceeding $1,000:
Payment authortzed thl'Oug h escrow: 1. Bids have been received and applDY8cl
llnitialsl
(Initials) 2. Skis have been taken vemany. COpies of
Escrow Company Name bids must be sent to Fannie Maa. Ilnltlalsl
Approved
IFannie Meo Ss/os ReD) 1081.,
Esaow Company Address '.IOI:IlCCll~II$3.000tWWD~""".,,~
2nd Iovel: 0_0_, 100/0'
Worlc Completed on (D.te) I Worlc Inspocled on (Deto) 'Irlcltll COft -=-da $15.000. &I_ R8v1ew CanrIlItt.- ApprwaI R.llQund
Sales review: IDeteI
Broker Signature
I cor1iIy thet I persono/ly /nsp8cJfId the above iIom(s) ""d lound aU __ complehKf In . ss/Wactory .nd worlun81l1iko ITIOIlfIOr.
Oat.
FANNIE MAE
FORM 1093 JAN 03
Agenda Item No. 16A22
June 22. 2010
Page 6 of 7
FannieMae
DATE:
F'AGE:
Jon 12,2010
-1-
Maintenance and Repair Work Authorization
ORDER NO: AR0912ZZ02
F'AYTO TONY'S CONSTRUCTION II REMODELING LLC. REGIONAL SOUTHWESTERN REGIONAL OFFICE
VENDOR: 14536 SW 98 TERRACE OFFICE:
MIAMI, Fl33186 DALlAS, TX 75254-2918
PAY TO TRI40458X
FANNIE MAE LOAN NO: REO 10: SERVlCER LOAN 10: F'ROf'ERTY 192441STST SW
ADDRESS:
1705188840 A0912ZZ 1010550364 NAPLES, Fl34116
SERVlCER NAME SERVlCER NO CONTRACTOR NAME CONTRACTOR NO.
ONEWEST BANK, FSB 269300019 TONY'S CONSTRUCTION & REMODElI~ TRI40458X
TO: (NAME AND ADDRESS OF
BROKER)
LH. FLEMING & CO., REAL ESTATE
B2B ANCHOR RODE
You are authonzed tocontBct on beheffof Fannie
Mae for the folkMtng maintenance and/or repsn to
the above property. Cost to perform each Item may
not exceed the amount authorized below without
prior written authortzafk)n from Fenne Mae.
NAPLES, FL 34103
rrEM
oeSCRIF'TJON
AMOUNT
Carpentry - InteriorlExtenor
$750.00
0 SubmIt to lender above for payment For Fannie Mae Use Only
0 Submit to r&gional otnce above for payment Prior Authorization (if any)
Accumulated.
0 Submit to escrow company below (ft. In) for payment. Forwori< oxC88d1ng $1,000:
Payment authorized through escrow: 1. Bids have been received and approved
{initials'
(initials) 2. Bida have been taken vertJaIIy. Copies of
bids must be sent to Fannie Mae. {iniliaJ.1
Esaow Company Nome
Approved
(Fannie Mse Sales Reo' {Dato'
Eocrow Compony Address . If IgtaJ 0011. aQlMd. $3,000 two auChoriDd~.. Ire NqUirecI
2nd Ie...: o SulJi'Meol' [J ~ (Dsl..,
Wor1< Completod on (00") I WOl1< 1_"" on (Dato) "1lIotalooalIlXClNdllS16.ooo. s.... ~ Comm... ~ RequI...
Sales revlew: (Da"',
TOTAL ORDERED
$750.00
, G8ftIfy that J personelly Inspected the above Item(s) and found all """* completed in 8 sarisfactory and worlcmanUke manner.
Broker Signature Date
FANNE MAE
FORM 1093 JAN 03
WATSON TITLE
INSURANCE
AGENCY, INC.
1901 West Cypress Creek Road, 3'" Floor
Fort Lauderdale, FL 33309
Main: (954) 771-5522 Exl647
Fax: (954) 928-1563
EMail: andrew.velez@marshaliwatson.com
Agenda Item No. 16A22
June 22, 2010
Page 7 of 7
March 9, 2010
SENT VIA FEDEX: 7933-3629-5148
Ms. Diane Flagg
Director of Code Enforcement
Collier County - Code Enforcement
2800 Horseshoe Drive N.
Naples, Florida 34104
RE: Lien Reduction Request for CEB No. 20080009445
1924 41 Street, SW, Naples, Florida 34116
Folio #: 35809200003
Our file No. 29-07291-FL
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Dear Ms. Flagg;
On behalf of our client Federal National Mortgage Association (FNMA), I would like to request
a lien reduction hearing for the above referenced property. I seek to obtain a partial release
for real property only.
I respectfully request that you consider in favor of the offer to reduce the lien based on the
following facts:
. The property was acquired through foreclosure action.
. The previous owner committed the violations, not FNMA
. The violations were corrected and property was set into compliance.
. FNMA has incurred the cost of the repairs and corrections.
. The subject is under contract for sale.
Our client would like to provide clear marketable title to new ownership as soon as possible.
I request consideration in favor so as to not to burden the potential sale of the subject
property.
Thank you for your assistance and attention to this matter. Please don't hesitate to contact
me, should you have any questions or require any additional information.
<..
cc: Mr. Jeff Wright, Assistant County Attorney
sent via FAX: 239-252-6300