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Agenda 05/12/2015 Item #16A10[15-CED-01015/1170904/1 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $49,500 for payment of $6,000, in the code enforcement action entitled Board of County Commissioners v. Jon R. and Denise T.C. Brimmer, Code Enforcement Board Case No. 2007090878, relating to property located at 561 7th St. NW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of $49,500, for payment of $6,000, in relation to Code Enforcement Board Case No. 2007090878. CONSIDERATIONS: As a result of a code violation at 561 7 th St. NW., which consisted of the construction of a detached garage in the rear of the yard without first obtaining the required Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Jon R. and Denise T.C. Brimmer in Case No. 2007090878. The lien was recorded in the Official Public Records on September 4, 2013, at O.R. Book 4962, Page 22. The lien encumbers all real and personal property owned by Jon R. and Denise T.C. Brimmer. The lien amount of $49,500 is based on 330 days of accrued fines ($150 per day from July 24, 2013 through June 18, 2014). The property was brought into compliance on June 18, 2014. Following a foreclosure (Case No. 2008-CA-9397), a Certificate of Title was recorded on April 9, 2014 in favor of Federal National Mortgage Association. The County’s lien was filed after the foreclosure judgment and is enforceable as to the property in question. 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, the new owner has diligently pursued abatement, and compliance has been achieved within 30 days. In this case, the new owner abated the violation and incurred fines for forty (40) days beyond the 30-day grace period. The property is being actively maintained and the owner has paid $6,000 in fines accrued during its new ownership. The owner is requesting a waiver of $43,500 in accrued fines. FISCAL IMPACT: Payment of $6,000 in accrued fines has been made. If approved by the Board, accrued fines in the amount of $43,500 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: That the Board of County Commissioners waive the fines in the amount of $43,500, accept payment amount of $6,000, release the lien, and authorizes the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order Packet Page -606- 5/12/2015 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $49,500 for payment of $6,000, in the code enforcement action entitled Board of County Commissioners v. Jon R. and Denise T.C. Brimmer, Code Enforcement Board Case No. 2007090878, relating to property located at 561 7th St. NW, Collier County, Florida. Meeting Date: 5/12/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 4/15/2015 10:08:34 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 4/16/2015 9:54:12 AM Name: WrightJeff Title: Division Director - Code Enforcement, Code Enforcement Date: 4/16/2015 2:06:12 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 4/16/2015 2:23:59 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/18/2015 11:27:05 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2015 9:34:27 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Packet Page -607- 5/12/2015 16.A.10. Date: 4/23/2015 10:10:37 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/27/2015 8:56:53 PM Packet Page -608- 5/12/2015 16.A.10. Packet Page -609- 5/12/2015 16.A.10. 工 NSTR 4886■04 0R 4962 DWIGHT E BROCK, CLERK REC S■8 50 RECORDED 9/4/20■3 3:52 PM PAGES 2 CIRCU工 T COuRT, COLLIER COUNTY Fし ORIDA CODE ENFORCEMENT BOARD COLL:ER COUNTY,FLORIDA PG 22 0F THE BOARD OF COUNTY COMMISS10NERS, COLLIER COUNTY,FLORIDA, Petitioncr, VS JON R AND DEN:SE T C BRIMMER, Respondents THlS CAUSE came on for Respondents at which time the Board and Conclusions ofti\l and fumished to Respondents and was et. seq. on August 5, 201 I, 371!0760009,morc particularly according to the Plat thcrcol aS County,FIorida An Afrda宙 Packet Page -610- 5/12/2015 16.A.10. ☆十■ OR 4962 PC 23 ■'十 嚇 ]淋 榊 躍 赫 硝 STATE OF FLOR:DA ) )SS: COUNTY OF COLL:ER) :HEREBY CERT:FY that a and Dcnise T C BHmmcr.5617・ icr c6L孜 ユ FloHda,who iS 蜃 キ :'都 選 磯壼鰹 ., Naples, FL 34120 Packet Page -611- 5/12/2015 16.A.10.