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Agenda 01/08/2013 Item #16A12 1/8/2013 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of$124,483.15 for payment of$50,483.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Tricia Jenks, Code Enforcement Case Number CESD20090001470, relating to property located at 830 3rd Street NW,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $124,483.15 code enforcement lien, for payment of$50,483.15, in relation to Code Enforcement Board case number CESD2009001470. CONSIDERATIONS: As a result of code violations at 830 3rd Street NW, the Code Enforcement Board ordered the imposition of a lien ("Lien") against the owner Tricia Jenks in Code Enforcement Case Number CESD2009001470. The lien was recorded in the Official Public Records on July 7, 2010, at O.R. Book 4583, Page 2803, and the lien encumbers all real property owned by Tricia Jenks. The fine amount of$124,400 is based on accrued fines for the non-compliance period of 622 days at $200 per day pertaining to unpermitted garage. A Special Warranty Deed was recorded to the lender, Residential Credit Solutions, Inc. on April 26, 2011. The lender brought the property into compliance on January 31, 2012. Pursuant to the Board's decision on December 11, 2012, the lender offers a settlement of $50,400 which is consistent with the Board's policy; Resolution 2012-46. For Code Enforcement liens and fines on a property that has new ownership, fines that accrued prior to transfer of title and thirty days following transfer of title 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$50,483.15 is due. This represents $50,400 in fines and $83.15 in operational costs. FISCAL IMPACT: Once payment of$50,483.15 is received, representing the County's costs and fines, the accrued fines in the amount of$74,000 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. -JW RECOMMENDATION: That the Board waive the fines in the amount of$74,000, release the lien upon receipt of payment of$50,483.15 and authorize the Chairwoman to sign the attached release of lien. Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division,Planning and Regulation. Attachment: Release of Lien Packet Page-1233- 1/8/2013 Item 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. Item Summary: Recommendation to approve the release of lien in the amount of $124,483.15 for payment of$50,483.15, in the Code Enforcement Action entitled Board of County Commissioners vs.Tricia Jenks, Code Enforcement Case Number CESD20090001470, relating to property located at 830 3rd Street NW, Collier County, Florida. Meeting Date: 1/8/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 12/12/2012 4:30:56 PM Approved By Name:FlaggDiane Title:Director-Code Enforcement,Code Enforcement Date: 12/13/2012 4:34:07 PM Name:PuigJudy Title: Operations Analyst, GMD P&R Date: 12/18/2012 9:55:13 AM Name:MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 12/19/2012 4:38:15 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 12/31/2012 11:38:39 AM Name: KlatzkowJeff Title: County Attorney Date: 12/31/2012 1:52:31 PM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -1234- 1/8/2013 Item 16.A.12. Date: 12/31/2012 2:55:17 PM Name: OchsLeo Title: County Manager Date: 12/31/2012 3:11:45 PM Packet Page-1235- 1/8/2013 Item 16.A.12. This Instrument Prepared By: Jen Baker 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: Tricia Jenks, Respondents The lien was recorded on July 7, 2010 in Official Records Book 4583, Page 2803, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Thousand eight hundred eighty three dollars and fifteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida,which property is described as follows: GOLDEN GATE EST UNIT 11 TR 92 830 3ro St NW Naples, FL 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 Georgia A. Hiller, Esq., Chairwoman Approved as to form and legal sufficiency A Jeff right Assi ant County Attorney Packet Page -1236-