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Agenda 04/08/2014 Item #16A 94/8/2014 16.A.9. EXECUTIVE SUMMARY Recommendation to approve a release of lien in the total amount of $80,880.86 for payment of $480.86, in the Code Enforcement action entitled Board of County Commissioners v. Robert D. Campbell, Jr., et al., Code Enforcement Board Case No. CENA20110000844, relating to property located at 2331 8th Ave. SE, 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 $80,880.86 for payment of $480.86, in relation to Code Enforcement Case No. CENA20110000844. CONSIDERATIONS: As a result of a code violation for litter at 2331 8th Ave. SE, the Code Enforcement Board ordered the imposition of a lien against Robert D. Campbell, Jr.. et al., in Case No. CENA20110000844. This lien was recorded on October 18. 2011, at O.R. Book 4728, Page 918, and encumbers all real property owned by Robert D. Campbell, Jr., et al. The lien amount of $80,880.86 is based on accrued fines for the non- compliance period of 808 days ($100 per day from September 2. 2011 through November 18, 2013), plus $80.86 in operational costs. Robert D. Campbell, Jr., et al., owned this property through August 2013. Following a foreclosure, a Certificate of Title was recorded on August 5, 2013 in favor of Bank of New York. On October 15. 2013, Bank of New York conveved the property to its present owner, Weisbecker Holdings. LLC. The property was brought into compliance on November 18, 2013. Pursuant to Resolution No. 2012 -46, a request for waiver of fines would be considered when a code enforcement lien encumbers property that is under new ownership, and the underlying code violation has been abated. In these cases, fines accrued prior to transfer of title; plus thirty days after transfer of title, may be recommended for waiver. In this case, the violation was abated in approximately 32 days. The property is in compliance, is being actively maintained, and an amount of $480.86 has been paid by the new owner. This amount represents $80.86 in operational costs and $400.00 in fines. The property owner is requesting a waiver of $80,400.00 in accrued fines. FISCAL IMPACT: Payment of $480.86 has been paid, representing the County's hard costs of $80.86, plus $400.00 in fines. If approved by the Board, accrued fines in the amount of $80,400.00 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 waives the fines in the amount of $80,400.00, accepts payment of $480.86 and releases the lien, and also authorizes the Chair to sign the attached lien release. Packet Page -712- 4/8/2014 16.A.9. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Release and satisfaction of lien Packet Page -713- 4/8/2014 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve a release of lien in the total amount of $80,880.86 for payment of $480.86, in the Code Enforcement action entitled Board of County Commissioners v. Robert D. Campbell, Jr., et al., Code Enforcement Board Case No. CENA20110000844, relating to property located at 2331 8th Ave. SE, Collier County, Florida. Meeting Date: 4/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 3/12/2014 4:04:03 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 3/12/2014 4:39:26 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 3/19/2014 3:17:47 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 3/19/2014 4:44:56 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/25/2014 1:41:46 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/25/2014 2:33:54 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -714- Date: 3/31 /2014 9:42:18 AM 4/8/2014 16.A.9. Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 3/31/2014 10:45:25 AM Packet Page -715- 4/$/2014 16.A.9. This Instrument Prepared By: Jeff E. Wright 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: Robert D. Campbell, Jr., et al. Respondent The lien was recorded on October 18, 2011, in Official Records Book 4728, Page 918, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand one hundred eighty dollars and eighty -six cents ($2,180.86), 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 Approved as to form and legality Kevin Noell Assistant County Attorney Tom Henning, Chairman Packet Page -716-