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Agenda 12/13/2016 Item #16A21 16.A.21 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $31,012.64 for payment in the amount of$600 in the code enforcement action entitled the Board of County Commissioners v. John Popo and Maria Perez, Code Enforcement Board Case No. CESD20100001211,relating to property located at 5400 26th Place SW,Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of$31,012.64 for payment in the amount of$600 in relation to Code Enforcement Board Case No. CESD20100001211. CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against John Popo and Maria Perez, Case No. CESD20100001211, for a code violation at 5400 26th Place SW, consisting of a fence failing, broken,leaning, unsightly and unpermitted. The lien was recorded in the Official Records on February 23, 2011, at O.R. Book 4654, Page 2401. The lien amount of$31,012.64 is based on 309 days of accrued fines ($100 per day from January 4, 2011 through November 8, 2011) $30,900 plus operational costs in the amount of$112.64. The property was brought into compliance on November 8, 2011. The property was acquired by U.S. Bank, National Association, as Trustee for the Holders of Mastr Adjustable Rate Mortgages Trust 2007-3, via Certificate of Title recorded on August 12, 2016. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. There are currently no known violations. FISCAL IMPACT: Payment of$600 in the settlement of fines has been made, representing $487.36 in fines and $112.64 in operational costs. If approved by the Board, accrued fines in the amount of $30,412.64 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board's policy contained in Resolution 2012-46. -KN RECOMMENDATION: To waive the fines in the amount of$30,412.64, accept payment in the amount of$600, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management Department ATTACHMENT(S) 1. Release and Satisfaction -KN signed(8) (PDF) 2. Lien Order (PDF) Packet Pg. 641 16,A.21 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.21 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$31,012.64 for payment in the amount of$600 in the code enforcement action entitled the Board of County Commissioners v. John Popo and Maria Perez, Code Enforcement Board Case No. CESD20100001211,relating to property located at 5400 26th Place SW,Collier County,Florida. Meeting Date: 12/13/2016 Prepared by: Title: Administrative Assistant—Code Enforcement Name: Nancy CardinaleLower 10/31/2016 4:06 PM Submitted by: Title: Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 10/31/2016 4:06 PM Approved By: Review: Code Enforcement Marlene Serrano Additional Reviewer Completed 11/01/2016 2:29 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/02/2016 10:31 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 11/09/2016 3:11 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/09/2016 3:30 PM Growth Management Department James French Additional Reviewer Completed 11/09/2016 3:33 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/16/2016 2:09 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/16/2016 2:26 PM County Attomey's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/16/2016 3:11 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2016 8:58 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 642 16.A.21.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 c a) RELEASE AND SATISFACTION OF LIEN 6 a> N 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: CD John Popo and Maria Perez, a Respondent ea a) The lien was recorded on February 23, 2011, in Official Records Book 4654, Page 2401, in the c Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty a one thousand twelve dollars and sixty-four cents ($31,012.64), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in CollierCNI County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. z The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien o in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. as ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA (13C a, By: By: Deputy Clerk Donna Fiala, Chairman C Date: Date: a, tl I Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 643 INSTR 4528984 OR 4654 PG 2401 RECORDED 2/23/2011 11:36 AM PAGES 2 16.A.21.b DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 1 1 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD—2010-0001211 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. S as 7.1 JOHN POPO and MARIA PEREZ, o as Respondents. m as co \ tr a� ORDE; e E' : EC f i. r, TRATE m J C i' 'OSING FINES/L Q THIS CAUSE came for h-- r-,- is agi .,e forrubin hearing upon the Petitioner's c .:� us Motion for Imposition of Fin siLii. •. F---, it, I •. - S ecial Magistrate, having heard I, ^�. argument respective to all ap ro•< . - .'+S s, - in.ings of Fact and Order of the a• I • Special Magistrate,as follows ;. E-, o_ (7) .. .. CD r FINDINGS OF CT , N csi 1. On December 3, 2010, R did-•ts were found gui t3'e +•ion of Collier Land Development +- Code 04-41, as amended, Section: A) and Flori.. • .'ng Code, 2007 Edition, Chapter 1 -a` Permits, Section 105.1 for fence failinn;$br..• .2 jr+:� . 3 lige, ghtly and unpermitted, which violation 0 occurred on the property located at 5400 2. es, L,Folio#36383840003. c m J 2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or c before January 3, 2011, or a fine of$100.00 per day would be assessed for each day the violations E continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4635,PG 806). 0 l6 3. Operational costs of$112.64 incurred by the County in the prosecution of this case were ordered to Q be paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: Packet Pg. 644 *** OR 4654 PG 2402 *** 16.A.21.b A, Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondent for 32 days for the period from January 4,2011 to February 4,2011 for a total amount of fines of$3,200.00. C. Respondents shall pay the previously assessed operational costs of$112.64. D. Respondents are ordered to pay fines and costs in the total amount of$3,312.64 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida. E. The daily fine of$100.00 shall continue to accrue until abatement has been confirmed by a m Collier County Code Enforcement Investigator. _t 0 a) DONE AND ORDERED this 41/kday of \G,DrU n ,2011 at Collier County,Florida. ea 71) COLLIER CO TT CODE ENFORCEMENT 7a -• r•% AGI RTE _ co o o Clilliktrik I, ' \ ,0 I a_ (., ,T,( ......,,,,, le... tail• DI-, e• . , ^lit ON N 'j' � KCl E PAYMENT OF FINES: Any fines . .er t• mad,. to this order may be paid at the Collier 0 . County Code Enforcement Department,28': •1. r, : e Drive,Naples,FL 34104,fax#(239)252- c 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the 11 obligations of this order may also be obtained at this location. c a) APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the E Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a m hearing de novo, but shall be limited to appellate review of the record created within the original hearing. Q It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal wilt not automatically stay the Special Magistrate's Order. cc: Respondent(s)—John Popo and Maria Perez Collier Co.Code Enforcement Dept. stain 01 F u:ht tOA .:aanry.of COLLIER I HEREBY,.GE TIFYervig this Is a true and ©rrect c09J"`'et-3 oocutfient tin Me in 3nar0.14nutes; 47,11/00 6..01 Cater COO* t T�ki�E,p�s;my'a b-am ot'flciii seal this • -,24-ita of bt Yc1 i c "( 11GHTE•:i3 .A.,CL. i€t(©f mum's, ,/ :, )1 I( , st. *L-.:U •v--4%-ce Packet Pg. 645 INSTR 4508293 OR 4635 PG 806 RECORDED 12/21/2010 1:06 PM PAGES 2 16.A.21.b DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD-2010-0001211 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. S a) J JOHN POPO and MARIA PEREZ, c Respondents. N / ca ___ m 713 ORDER 0 s! wpEaC J'M;LISTRATE re a) THIS CAUSE came on f• c hearing before the eta agistrate on December 3, 2010, a� and the Special Magistrate, ha '•g h ' . unde oath, eiv-•• evidence, and heard argument a respective to all appropriate m• tern he .-4 .'ss its Wings o act Conclusions of Law,and Order c of the Special Magistrate,as fo ow : a r. „Jot._ AC o o_ 1. Respondents,John Popo aria Perez,are the o ,+ �. ers ft 1 jest property. N o 2. Respondents were notified . "e ••to of hearing by cern -• land posting and the Special m Magistrate has jurisdiction of this ma „�.\ 0 �. 3. Respondents,having been duly notifie , at the hearing. N J 4. The real property located at 5400 26th P1 SW,Naples,Florida,Folio#36383840003,is in violation c of Collier County Land Development Code 0441,as amended, Section 5.03.02(A)and Florida Building E Code,2007 Edition,Chapter 1,Section 105.1,in the following particulars: E 0 as Fence failing,broken and leaning. Unsightly. Fence unpermitted. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: A. Respondents are found guilty of violation of Collier County Land Development Code 04-41, as amended,Section 5.03.02(A)and Florida Building Code,2007 Edition,Chapter 1, Section 105.1. B. Respondents must abate the violation by applying for and obtaining valid Collier County Permits '�'` for any and all additions to the property and all required inspections and Certificate of Packet Pg. 646 *** OR 4635 PG 807 *** 16.A.21.b Occupancy/Completion or by obtaining a Collier County Demolition Permit to remove all unpermitted additions to the property and all required inspections and Certificate of Completion on or before January 3, 2011 or a fine of $100.00 per day will be imposed for each day the violation remains thereafter. C. Respondents must also abate the violation by completing all non-structural repairs to the fence, including but not limited to replacing wood boards, repairing any holes in fence, and painting worn surface and maintain the fence in good condition on or before January 3,2011 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. D. If Respondents fail to comply with this Order,the Collier County Code Enforcement Department . may abate the violations.If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. Ail costs of abatement shall be assessed o against the property. a) ea E. Respondents are ordered to pay opera' s-fpr the prosecution of this case in the amount of 7) 5112.64 on or before January 3,2011. 1 R CO F. Respondents shall notify e Enforcement Inve • Renald Paul, within 24 hours of ti ' abatement or compliance so that fin ', may be •erform.• to onfirm compliance. c as a) DONE AND ORDE•; D , ii , ' r' 1Jw"• 2010 at Naples,Collier '' County,Florida. t,,,, n •- • Vis. -.:�- a) StaTW 01 is ti131'4 . : r �Ar.. cO7.� :aunty 0t CQWk . '`" i '"� �- ' CN OP / t. I HERE1. CRTIF,,Y'T f T th 3 Is I but ' 0 COL c s CODE ENFORCEMENT •E :orrt ?cotiy ar a:aytctttt Ont on Ells to ' • \,*, - AGISTRATE 0 9oard-Minuites'atspl' Ft*at Cottiar Oiun y I i -2/ c MaSa.ii7cifVly �1'�/fri * ' J A c 7Wl HTE •$'+l. •CLERK OF COURTS -j , E ' fir- ) j:. _ - o of D. I A fIA' •_p" ON ccts Y PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within.It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not ' automatically stay the Special Magistrate's Order. cc: Respondents—John Popo and Maria Perez Collier Co.Code Enforcement Dept. ,--. Packet Pg.647