Agenda 04/14/2009 Item #16A13
EXECUTIVE SUMMARY
Agenda Item No. 16A13
April 14, 2009
Page 1 of 3
Recommendation to accept a proposed settlement offer providing for
Compromise and Release of Lien in the Code Enforcement Action relating to
property located at 2946 45th Avenue NE, Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) accepts a proposed
settlement agreement with GMAC Mortgage, to release a $25,959.32 Code
Enforcement lien in exchange for payment of $13,000 in the Special Magistrate action
entitled Collier County v. Roilan Perez Del Val, OSM Case No. 2007050335.
CONSIDERATIONS: On November 16, 2007, the Special Magistrate found Roilan
Perez Del Val ("Respondent") in violation of the Collier County Land Development Code
for failing to maintain the pool water in a pool on his property, in order to avoid a safety
hazard and the infestation of insects. Respondent was ordered to correct the violation
by properly maintaining the swimming pool or by maintaining the swimming pool empty
of water on or before November 23, 2007 or a fine of $100 per day would be imposed.
Based on the above order, on April 18, 2008, the Special Magistrate imposed the lien
that is the subject of the recommended release. The lien was recorded in the public
record on May 7, 2008, at O.R Book 4357, beginning at Pages 2597. The property was
brought into compliance on August 7, 2008 by the lender. When calculated at $100 per
day, for the noncompliance period of 257 days, the accrued fine amount is $25,700,
plus operational costs of $259.32, for a total lien amount of $25,959.32.
After acquiring the property via foreclosure in June 2008, US Bank sold the property to
the current owner, secured by a mortgage with GMAC Mortgage. GMAC Mortgage has
taken responsibility for paying off the code enforcement lien encumbering the property.
FISCAL IMPACT: The lender has paid the proposed settlement sum ($13,000)
(approximately 50 percent of the lien value) to show a good faith commitment to this
agreement and this payment has been deposited into the "Code Enforcement Board
Fines" Revenue Account MSTD General Fund 111. If this agreement is approved by
the Board, any claim to the remaining sum of $12,959.32 will be released.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and
there are no outstanding legal considerations. This item is not quasi-judicial, and no ex
parte disclosures are required. This item requires a majority vote. -JW
RECOMMENDATION: That the Board of County Commissioners accepts the proposed
settlement offer and authorizes the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
Agenda Item No. 16A 13
April 14, 2009
Page 2 of 3
This instrument prepared by.
JeffE. Wright, Assistant County Attorney
Office of the Collier County Attorney
3301 Tamiami Trail East
Naples, Florida 34112
(239) 252-8400
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Master dated April 18, 2008, a certified copy of which was recorded on May 7,
2008, in O.R. Book 4357, Pages 2597, et seq., of the Public Records of Collier County,
Florida, against the following described real property, and all other real and personal
property located in Collier County, owned by Roilan Perez, has been discharged in full:
2946 45th Avenue NE, Collier County, FL
Folio No.:
Cost:
Reference:
39840840006
$13,000 (negotiated settlement)
Case No. OSM 2007-050335
The undersigned is authorized to and does hereby release this Lien with
respect to the above described real property, and all other real and personal
property owned by Roilan Perez, and consents to this Lien being discharged of
record.
Dated this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form and
legal fficiency:
r
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A 13
April 14, 2009
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommendation to accept a proposed settlement offer providing for Compromise and
Release of Lien in the Code Enforcement Action relating to property located at 2946 45th
Avenue NE, Collier County, Florida
4114/200990000 AM
Prepared By
Marlene Serrano
CDES
Investigative Supervisor
Date
Code Enforcement
412120094;15;37 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
412120094;30 PM
Approved By
Diane 8. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
413/2009 11: 19 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/31200912;21 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
41312009 3:33 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
41312009 5:00 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
41412009 5:47 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/412009 11 ;01 AM