Agenda 07/27/2010 Item #16A 9Agenda Item No. 16A9
July 27, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Liens in the Code
Enforcement Actions entitled Board of County Commissioners vs. Tereso
Bautista and Emiliana Lopez Vasquez, Code Enforcement Board Case No.
2006100651 and Code Enforcement Special Magistrate Case No. 2005110328
relating to property located at 3545 23rd Avenue SW, Collier County, Florida.
(Revenue received $559.10)
OBJECTIVE: That the Board of County Commissioners (Board) approve two Release
and Satisfactions of Lien for payment of $559.10, and waive the $106,050 balance on
the liens, in relation to the code enforcement actions entitled Board of County
Commissioners vs. Tereso Bautista and Emiliana Lopez Vasquez, Case Nos.
2006100651 and 2005110328.
CONSIDERATIONS:
Case No. 2006110651: On April 24, 2008, the Code Enforcement Board found
Tereso Bautista and Emiliana Lopez Vasquez (Respondents) in violation of the Collier
County Land Development Code for converting a garage into living area and adding a
bathroom. A written order was recorded on May 5, 2008, at O.R. Book 4356, Page
1831.
Respondents were ordered to correct the violations by obtaining, if obtainable, a Collier
County Building Permit or Demolition Permit for the converted garage, requesting all
inspections and obtaining a Certificate of Occupancy for such permit on or before June
23, 2008, 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 Board
entered an order dated January 22, 2009 imposing a lien ( "Lien #1 "). Lien #1 was
recorded on February 4, 2009, at O.R. Book 4425, Pages 0526, of the Official Public
Records of Collier County. The property was never brought into compliance by the
Respondents.
The property was brought into compliance on December 2, 2009 by Bank of New York,
Mellon Bank (lender) who acquired this property through foreclosure, by complete
demolition of the house, obtaining demolition permit and Certificate of Occupancy.
Fines in the amount of $103,800 had accrued prior to compliance.
Case No. 2005110328: On January 6, 2006, the Code Enforcement Special
Magistrate found Respondents in violation of the Collier County Code of Laws and
Ordinances for failure to obtain a rental registration certificate. A written order was
recorded on January 20, 2006, at O.R. Book 3968, Page 1953.
1ganda Rern No. 1GA9
July 27, 20'10
Page 2 of 6
Respondents were ordered to correct the violation by obtaining a rental registration on
or before January 11, 2006, 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 Special
Magistrate entered an order dated April 4, 2008 imposing a lien ( "Lien #2 "). Lien #2
was recorded on April 22, 2008, at O.R. Book 4352, Page 1672, of the Official Public
Records of Collier County.
The property was brought into compliance on February 1, 2006. Based on accrued fines
for the noncompliance period of 20 days at $100 per day, the accrued Lien amount is
$2,250 which includes a $250 civil penalty.
Bank of New York (through its loan servicing company) has submitted payment in the
amount of $559.10, representing the operational costs for both cases. In exchange for
this payment, they are requesting a waiver of $106,050 in fines ($103,800 on Lien #1
and $2,250 on Lien #2) that accrued prior to their taking title, and a release of the liens.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $106,050
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 liens described
herein, in relation to the code enforcement actions entitled Board of County
Commissioners vs. Tereso Bautista and Emiliana Lopez Vasquez, Case Nos.
2006100651 and 2005110328, and by approval of this item, authorize the Chairman to
sign the attached Release and Satisfactions of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Two Release and Satisfactions of Lien
Agenda Item No. 16A9
July 27, 2010
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A9
Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Tereso Bautista and Emiliana Lopez
Vasquez, Code Enforcement Board Case No. 2006100651 and Code Enforcement Special
Magistrate Case No. 2005110328 relating to property located at 3545 23 Avenue SW, Collier
County, Florida. (Revenue received $559.10)
Meeting Date: 7/27/2010 9:00:00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Code Enforcement
711412010 8:36:52 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
711412010 9:13 AM
Environmental Services
Environmental Services
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
7/1412010 11:15 AM
Approved By
Jeff Klatzkow
County Attorney
Date
711412010 2:58 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
711412010 3:35 PM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Code Enforcement
7/14/2010 6:29 PM
Environmental Services
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
711512010 7:18 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
711 51201 0 10:15 AM
Approved By
Agenda Vem No. T A9
July 27, 2010
Pace 4 of 6
Therese Stanley
Marager - Operations Support - Trans
Date
Office of M—nagemern
Office of IJla;;agemcrn ::ear: _< =t
7/15'2010 1:01 PM
budget
Approved By
Mark Isarkson
n8a:�agemenii c:rdgei F,naiyst, Senior
Date
Office of Management &
Office of Management & Budget
711512010 5:17 PM
Budget
Agenda Item No. 16A9
July 27, 2010
Page 5 of 6
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Collier County Attorney's Office
3001 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 a
certain lien against all real and personal property owned by:
Tereso Bautista and Emiliana Lopez Vasquez, Respondents
The lien was recorded on April 22, 2008, in Official Records Book 4425, Pages 526, et
seq. The lien secures the principal sum of forty -two thousand eight hundred three dollars
and seventy -seven 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:
3545 23rd Ave. SW, Naples, FL
Folio No. 38045920007
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges 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
0
Deputy Clerk
Approved as to form and legal sufficiency
Jeff E. ri ht
Assista ounty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Fred W. Coyle, Chairman
Agenda Item No. 16A9
,July 27, 2010
Page 6 of 6
This Instrument Prepared By:
Jeff E. Wright, Assistant County Attorney
Collier County Attorney's Office
3001 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 a
certain lien against all real and personal property owned by:
Tereso Bautista and Emiliana Lopez Vasquez, Respondents
The lien was recorded on April 22, 2008, in Official Records Book 4352, Pages 1672, et
seq. The lien secures the principal sum of two thousand four hundred five dollars and
thirty -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:
3545 23r' Ave. SW, Naples, FL
Folio No. 38045920007
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges 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
By:
Deputy Clerk
Approved as to form and legal sufficiency
q__�k
Jeff right
Assi66nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
go
Fred W. Coyle, Chairman