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Agenda 11/10/2015 Item #16A22 11/10/2015 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the release of thirty-seven (37) code enforcement liens/orders with an accrued value of $326,703.07 for payment of $8,953.07, in relation to twenty-nine (29) Code Enforcement actions in a development known as Diamond Shores, located on State Road 951 in Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release thirty-seven (37) code enforcement liens/orders with an accrued value of $326,703.07, for payment of$8,953.07, in relation to twenty-nine (29) Code Enforcement actions. CONSIDERATIONS: As a result of various code violations in the Diamond Shores Community that was once home to many mobile home trailers, the Code Enforcement Special Magistrate and/or the Code Enforcement Board ordered the imposition of thirty-seven (37) liens against the tax folio numbers for the properties, and the respective owners of the properties. The liens were recorded in the Official Public Records, and they encumber all real and personal property owned by the owners as shown below. All code violations which were the subject of these code enforcement liens were abated many years ago and the property has been brought into compliance. This mobile home park has had many code enforcement violations dating back to 2004, which ultimately resulted in the below referenced liens being imposed on the property. The previous owners have cleared all mobile homes from the property, at their own expense, and brought the violations into compliance. The property was sold to a third party new owner, JMD Developments & Investments, LLC, who plans to seek a PUD amendment to allow for the development of residential homes. 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 abatement and compliance has been achieved. The property is being actively maintained and $8,953.07 has been paid. The new owner is requesting a waiver of$317,750 in accrued fines. Owner Accrued (at time of lien) Property Amount Case Book/PG Recorded Alfonse&Greta Bottino 108 Acacia#A-9 $6,689.02 2005060264 3892/1751 9/19/05 Alfonse&Greta Bonino 118 Acacia#A-4 $410.05 2005091239 3961/795 1/6/06 Alfonse Bottino 113 Acacia#A-2 $6,395.59 2005091107 3961/794 1/6/06 9/19/05 Aljo,Inc. 600 Finch#F-1 $6,695.59 2005050501 3892/1741 Aljo,Inc. 520 Ensis#E-59 $6,695.59 2005060621 3892/1739 9/19/05 Aljo, Inc. 608 Finch#F-5 $15,389.02 2005060622 3892/1745 9/19/05 Aljo,Inc. 526 Ensis#E-56 $13,389.02 2005060623 3892/1743 9/19/05 Aljo,Inc. 610 Finch#F-6 $31,676.56 2005060628 3892/1729 9/19/05 Aljo,Inc. 519 Ensis#E-10 $926.56 2005060629 3892/1731 9/19/05 Aljo,Inc. 511 Ensis#E-6 $8,432.23 2005060639 3892/1733 9/19/05 Aljo,Inc. 513 Ensis#E-7 $8,439.02 2005060678 3892/1749 9/19/05 Aljo, Inc. 527 Ensis#E-14 $17,182.23 2005060771 3892/1735 9/19/05 Aljo,Inc. 501 Ensis#E-1 $13,389.02 2005070309 3892/ 1747 9/19/05 Aljo,Inc. 505 Ensis#E-3 $939.02 2005070422 3892/1737 9/19/05 [15-CED-01 066/1 2 1 8 74 5/1] Packet Page-662- 11/10/2015 16.A.22. 3961/792 1/6/06 Aljo,Inc. 407 Draceana#D-14 $12,217.94 2005090435 4274/0446 8/24/07 3961/791 1/6/06 Aljo,Inc. 324 Cereus#C-41 $6,410.71 2005090981 4274/0447 8/24/07 Aljo,Inc. 404 Draceana#D-3 $52,410.05 2005091241 3961 /793 1/6/06 3968/ 1948 1/20/06 Aljo,Inc. 602 Finch#F-2 $21.210.05 2005100765 4274/0450 8/24/07 3968/1947 1/20/06 Aljo,Inc. 606 Finch#F-4 $27,402.82 2005110082 4274/0448 8/24/07 Aljo,Inc.-Alfonse 3988/998 2/24/06 Bottino 528 Ensis#E-55 $398.97 2005120317 4274/0449 8/24/07 Alphonse&Greta 12/08/05 Bottino 410 Dracaena#D-6 $1,157.11 2005060671 3944/225 Diamond Shores 9/19/05 Affordable Housing LLC 105 Acacia#A-16 $20,204.54 2004120416 3892/1597 Diamond Shores 9/19/05 Affordable Housing LLC 342 Cereus#C-32 $15,210.30 2004120662 3892/1755 Diamond Shores 9/19/05 Affordable Housing LLC 340 Cereus#C-33 $20,239.13 2005020148 3892/1719 Diamond Shores 9/23/05 Affordable Housing 3896/ 1732 12/8/05 LLC 359 Cereus#C-30 $2,117.03 2005060363 3944/240 Diamond Shores 9/23/05 Affordable Housing 3896/1733 12/8/05 LLC 218 Bream#B-4 $367.03 2005070300 3944/241 Diamond Shores 9/23/05 Affordable Housing 3896/1734 12/8/05 LLC 215 Bream#B-3 $2,117.03 2005070302 3944/242 Diamond Shores 12/8/05 Affordable Housing LLC 303 Cereus#C-2 $181.13 2005090047 3944/243 Diamond Shores 1/6/06 Affordable Housing LLC 203 Bream#B-15 $8.410.71 2005090984 3961 /780 $326,703.07 FISCAL IMPACT: Payment of $8,953.07 has been made, representing $450 in fines, $5,703.07 in operational costs and $2,800 in property inspections. If approved by the Board, accrued fines in the amount of$317,750 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 [15-CED-01066/1218745/1) Packet Page-663- 11/10/2015 16.A.22. RECOMMENDATION: That the Board waive the fines in the amount of $317,750, accept payment amount of $8,953.07, release the thirty-seven (37) liens/orders, and authorize the Chairman to sign the attached thirty-seven (37) releases and satisfaction of liens for recording in the Official Public Records. Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Liens 2) Lien Orders, thirty-seven (37) Due to the size of the document it is accessible at: http://www.colIieraov.net/ftp/20l 5BCCMeetinas/Aaendallov1015/GrowthMamt/Lien Orders.p df [15-CED-01 066/1 2 1 8745/1] Packet Page-664- 11/10/2015 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to approve the release of thirty-seven (37) code enforcement liens/orders with an accrued value of$326,703.07 for payment of$8,953.07, in relation to twenty-nine (29) Code Enforcement actions in a development known as Diamond Shores, located on State Road 951 in Collier County, Florida. Meeting Date: 11/10/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 10/21/2015 1:26:13 PM Approved By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 10/26/2015 4:37:12 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/26/2015 4:44:01 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/26/2015 4:44:47 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 10/27/2015 8:43:34 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 10/27/2015 2:15:26 PM Name: IsacksonMark Title:Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Packet Page-665- 11/10/2015 16.A.22. Date: 10/27/2015 3:26:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 10:09:56 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/28/2015 2:37:27 PM Packet Page-666- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain liens against all real and personal property owned by: Diamond Shores Affordable Housing LLC, Respondent The liens were recorded as shown below, in the Official Records of Collier County, State of Florida. The liens secure the principal sums as shown below, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Case Nos. Lien Recorded OR/Pg. Amt. 2004120416 $204.54 9/19/05 3892/ 1597 2004120662 $210.30 9/19/05 3892/1755 2005020148 $239.13 9/19/05 3892/ 1719 $167.03 9/23/05 3896/ 1732 2005060363 $0.00 12/8/05 3944/240 $167.03 9/23/05 3896/ 1733 2005070300 $0.00 12/8/05 3944/241 $167.03 9/23/05 3896/1734 2005070302 $0.00 12/8/05 3944/242 2005090047 $181.13 12/8/05 3944/243 2005090984 $210.71 1/6/06 3961 /780 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the liens and hereby cancels and releases said liens. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens ceases to exist. Packet Page -667- i 11/10/2015 16.A.22. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page -668- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 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: Alphonse & Greta Bottino, Respondents The lien was recorded on December 8, 2005, in Official Records Book 3944, Page 225, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred fifty-seven dollars and eleven cents ($257.11), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier 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. 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. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin NoeII Assistant County Attorney 2005060671 Packet Page-669- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain liens against all real and personal property owned by: ALJO, Inc. and Alfonse Bottino, Respondents The liens were recorded as shown below, in the Official Records of Collier County, State of Florida. The liens secure the principal sums as shown below, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Case No. Lien Amt. Recorded OR/Pg. $198.97 2/24/2006 3998/998 2005120317 $0.00 8/24/2007 4274/0449 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the liens and hereby cancels and releases said liens. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page -670- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain liens against all real and personal property owned by: ALJO, Inc., Respondent The liens were recorded as shown below, in the Official Records of Collier County, State of Florida. The liens secure the principal sums as shown below, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County,Florida. Case Nos. Lien Amt. Recorded OR/Pg. 2005050501 $195.59 9/19/05 3892/1741 2005060621 $195.59 9/19/05 3892/1739 2005060622 $189.02 9/19/05 3892/1745 2005060623 $189.02 9/19/05 3892/1743 2005060628 $176.56 9/19/05 3892/1729 2005060629 $176.56 9/19/05 3892/1731 2005060639 $182.23 9/19/05 3892/1733 2005060678 $189.02 9/19/05 3892/1749 2005060771 $182.23 9/19/05 3892/1735 2005070309 $189.02 9/19/05 3892/ 1747 2005070422 $189.02 9/19/05 3892/1737 $217.94 1/6/06 3961/792 2005090435 $0.00 8/24/07 4274/0446 $210.71 1/6/06 3961/791 2005090981 $0.00 8/24/07 4274/0447 2005091241 $210.05 1/6/06 3961 /793 $210.05 1/20/06 3968/ 1948 2005100765 $0.00 8/24/07 4274/0450 $202.82 1/20/06 3968/ 1947 2005110082 $0.00 8/24/07 4274/0448 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the liens and hereby cancels and releases said liens. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens ceases to exist. Packet Page-671- 11/10/2015 16.A.22. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page -672- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 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: Alfonse Bottino, Respondent The lien was recorded on January 6, 2006, in Official Records Book 3961, Page 794, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred ninety-five dollars and fifty-nine cents ($195.59), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier 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. 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. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney 2005091107 Packet Page -673- 11/10/2015 16.A.22. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain liens against all real and personal property owned by: Alfonse and Greta Bottino, Respondents The liens were recorded as shown below, in the Official Records of Collier County, State of Florida. The liens secure the principal sums as shown below, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Case Nos. Lien Amt. Recorded OR/Pg. 2005060264 $189.02 9/19/2005 3892/1751 2005091239 $210.05 1/6/2006 3961/795 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the liens and hereby cancels and releases said liens. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noel' Assistant County Attorney Packet Page -674-