Agenda 06/22/2010 Item #16A23
Agenda Item No. 16A23
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. Cynthia Aurelio Markle,
Code Enforcement Board Case No. 2006060005, relating to property located at
4442 Wilder Road, Collier County, Florida. (Revenue received $13,920.05)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $13,920.05, and waive the $131,000 balance on
the lien, in relation to the Code Enforcement Board action entitled Board of County
Commissioners vs. Cynthia Aurelio Markle, Code Enforcement Board Case No.
2006060005.
CONSIDERATIONS: On January 24,2008, the Code Enforcement Board found Cynthia
Aurelio Markle (Respondent) in violation of the Collier County Code of Laws and
Ordinances for violation of interior non-permitted construction. A written order was
recorded on January 31,2008, at O.R. Book 4325, Pages 2995-97.
Respondent was ordered to correct the violations by:
1. Applying for and obtaining all required Collier County Building Permits for any
and all improvements and alterations or apply for and obtain a demolition permit
for the removal of all unpermitted improvements to this property on or before
February 7, 2007, or a fine of $100 per day would be imposed until compliance
had been met.
2. Obtaining all inspections and Certificate of Occupancy and/or Certificate of
Completion for all non-permitted structure/improvements on the property on or
before March 22, 2008, or a fine of $100 per day would be imposed until
compliance had been met.
Due to non-compliance and based on the above order, the Code Enforcement Board
entered an order dated July 1, 2008, imposing a lien ("Lien"). The Lien was recorded on
July 7, 2008, at O.R. Book 4376, Pages 0279-0280. of the Official Public Records of
Collier County. The property was never brought into compliance by the Respondent.
On December 18, 2009, Deutsche Bank obtained title to the property from Respondent
through foreclosure.
The property was brought into compliance by Deutsche Bank on February 23, 2010 (68
days after obtaining title), by obtaining an after-the-fact demolition permit for the
removal of all unpermitted improvements to the garage and by obtaining a Certificate of
Completion.
Agenda Item No. 16A23
June 22. 2010
Page 2 of 4
For the noncompliance period of 68 days (measured from the date Deutsche Bank
acquired title to the compliance date), on Order (1) at $100 per day, the accrued lien
amount is $6,800.
For the noncompliance period of 68 days on Order (2) at $100 per day, the accrued lien
amount is $6,800.
Deutsche Bank (through its loan servicing company) has submitted payment in the
amount of $13,920.05, representing the fines accrued during its ownership of the
property ($13,600), plus operational costs ($320.05). In exchange for this payment,
they are requesting a waiver of $131,000 in fines that accrued prior to their taking title,
and a release of the lien. Operational Costs in the amount of $320.05 have been paid.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $131,000
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 4376, Page 0279-0280, of the Official Public Records of Collier County, in
relation to the Code Enforcement Board action entitled Board of County Commissioners
vs. Cynthia Aurelio Markle., CEB Case No. 2006060005 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 Date:
Agenda Item No. 16A23
June 22, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A23
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Cynthia Aurelio Markle. CEB Case No
2006060005 relating to property located at 4442 Wilder Road. Naples. Florida
6/22/20109:0000 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
5/25/20102:53:32 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
5/27/20108:13 AM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
6/1/20103:59 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
6/8/20104:44 PM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
6/9/20108:26 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
6/10/201010:07 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6110/2010 11:33AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/10/20101 :33 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
6/10/20104:06 PM
Agenda Item No 16A23
June 22. 2010
Page 4 of 4
This Instrument Prepared By:
Marlene Serrano
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 a
certain lien against all real and personal property owned by:
Cynthia Aurelio Markle, Owner
The lien was recorded on 07/07/2008 in Official Records Book 4376, Page 0279, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
sixteen thousand five hundred twenty dollars and five 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:
4442 Wilder Road, Naples, FL 34105
Folio No. 67790640001
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
ApprQved as to form and
I
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Jeff E.PJright
Asslst'ant County Attorney