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Estero council approves $3,000 settlement to release $300,000 code enforcement lien on bank property
Summary
Staff negotiated a $3,000 settlement to release a code‑enforcement lien that had ballooned to about $300,000 on a bank property; council approved the settlement and several council members asked staff to schedule a workshop on lien procedures and timing to avoid similar outcomes.
The Village Council on Jan. 21 approved staff's recommendation to accept a $3,000 settlement to release a code‑enforcement lien on a bank property formerly operating under a different name and now identified as Truist Bank.
Mary Gibbs, planning staff, explained the case arose when a bank changed ownership and—according to staff—did not realize a use permit was required; enforcement activity and magistrate fines accumulated over several years. Gibbs said staff, with help from the village attorney, negotiated a $3,000 settlement "even though the fines accumulated to 300,000" because the original enforcement costs were minimal and litigation would likely cost more than the settlement.
Council members expressed discomfort with the large nominal reduction from $300,000 to $3,000 and asked for a workshop on lien processes; one council member asked staff to confirm the $3,000 would cover processing and attorney costs. The village attorney and staff explained the statute limits recoverable costs to investigation expenses and that the daily fines continued to accrue automatically in the court system; staff said Truist recently contacted village management, prompting renewed attention to the lien.
After discussion, the council voted unanimously to approve the settlement and release the lien. Council asked staff to prepare background information and recommended a workshop on lien practices to reduce future surprises for council and residents.
