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Agenda 02/11/2014 Item #16A1 2/11/2014 16.A.1 . EXECUTIVE SUMMARY Recommendation to approve a release of lien with an accrued value of$252,712.64 for payment of$562.64, in the Code Enforcement Action entitled Board of County Commissioners vs. Susan Shroyer, Code Enforcement Special Magistrate Case No. CEPM-2009-0005325, relating to property located at 4728 Capri Drive,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$252,712.64, for payment of$562.64, in relation to Code Enforcement Special Magistrate Case No. CEPM-2009-0005325. CONSIDERATIONS: As a result of code violations at 4728 Capri Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien against Susan Shroyer, in Case No. CEPM-2009- 0005325. The lien was recorded in the Official Public Records on June 1, 2010, at O.R. Book 4572, Page 95, and encumbers all real property owned by Susan Shroyer. The lien amount of$252,712.64 is based on accrued fines for the non-compliance period of 1,263 days at $200 per day ($252,600), plus operational costs ($112.64). The violation pertained to missing windows, exterior wall damage, and roof damage on the property located at 4728 Capri Drive. Following foreclosure by the lender (Case No. 2010-833-CA), a Special Warranty Deed was recorded on August 21, 2013, conveying the property to Mico and Aleksandra Ugrica. The property was brought into compliance on September 21, 2013 (final approvals were obtained on Monday, September 23rd) Under Resolution No. 2012-46, where code enforcement liens and fines exist on property that is under new ownership, fines that accrued prior to acquisition, and thirty days following acquisition, would be considered for waiver, as long as the new owner has diligently pursued abatement and compliance has been achieved. The property is in compliance and an amount of$562.64 has been paid, representing $112.64 in operational costs and $450 in fines. The current property owner is requesting a waiver of the remaining$252,150 in accrued fines. FISCAL IMPACT: Payment of $562.64 has been made, representing the County's hard costs ($112.64), plus $450.00 in fines. If approved by the Board, accrued fines in the amount of$252,150 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 waive the fines in the amount of $252,150, accept payment of$562.64, and release the lien, and authorize the Chairman to sign the attached Release of Lien. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachments: Release and Satisfaction of lien Packet Page-237- 2/11/2014 16.A.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.1. Item Summary: Recommendation to approve a release of lien with an accrued value of $252,712.64 for payment of$562.64, in the Code Enforcement Action entitled Board of County Commissioners vs. Susan Shroyer, Code Enforcement Special Magistrate Case No. CEPM-2009- 0005325, relating to property located at 4728 Capri Drive, Collier County, Florida. Meeting Date: 2/11/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 1/8/2014 3:30:51 PM Approved By Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/13/2014 9:53:56 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 1/15/2014 3:50:45 PM Name:NoellKevin Title: Attorney of Record (CAO) Date: 1/15/2014 4:48:08 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 1/16/2014 9:01:51 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/21/2014 10:21:56 AM Name: KlatzkowJeff Title: County Attorney Packet Page-238- 2/11/2014 16.A.1 . Date: 1/22/2014 3:59:02 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 2/3/2014 5:29:08 PM Packet Page-239- 2/11/2014 16.A.1 . This Instrument Prepared By: Marlene Serrano Code Enforcement Department 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: Susan Shroyer, Respondent The lien was recorded on June 1, 2010, in Official Records Book 4572, Page 95, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five thousand, seven hundred twelve dollars and sixty-four cents, 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 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 , Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page-240-