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Agenda 03/12/2013 Item #16A 5 3/12/2013 16.A.5. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of$18,512.20 for payment of $562.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Wyneta Thelice, Code Enforcement Case Number CESD20100018577, relating to property located at 5472 27th Place SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $18,512.20 code enforcement lien, for payment of $562.20, in relation to Code Enforcement Special Magistrate case number CESD20100018577. CONSIDERATIONS: As a result of code violations at 5472 27th Place SW, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owner Wyneta Thelice in Code Enforcement Case Number CESD20100018577. The lien was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 364, and the lien encumbers all real property owned by Wyneta Thelice. The fine amount of$18,400 is based on accrued fines for the non-compliance period of 184 days at $100 per day pertaining to an unpermitted fence. The property was brought into compliance on November 1, 2011 and a Certificate of Title was recorded to 5472 27th Place SW Land Trust on September 19, 2012. Pursuant to the Board of County Commissioner's Resolution 2012-46, 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$562.20 has been paid. This represents $112.20 in operational costs and $450 in fines for administrative costs. FISCAL IMPACT: Payment of$562.20 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$17,950 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 $17,950, accept payment of$562.20 and release the lien, and also 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 -1041- 3/12/2013 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.5. Item Summary: Recommendation to approve the release of lien in the amount of $18,512.20 for payment of$562.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Wyneta Thelice, Code Enforcement Case Number CESD20100018577, relating to property located at 5472 27th Place SW, Collier County, Florida. Meeting Date: 3/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 2/13/2013 10:21:56 AM Approved By Name: FlaggDiane Title:Director-Code Enforcement,Code Enforcement Date: 2/13/2013 1:34:01 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 2/20/2013 2:01:41 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/26/2013 1:22:12 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/28/2013 11:40:13 AM Name: KlatzkowJeff Title: County Attorney Date: 2/28/2013 1:27:34 PM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page-1042- 3/12/2013 16.A.5. Date: 3/1/2013 5:04:33 PM Name: OchsLeo Title: County Manager Date: 3/3/2013 11:00:06 AM Packet Page-1043- 3/12/2013 16.A.5. 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: Wyneta Thelice, Respondents The lien was recorded June 21, 2011 in Official Records Book 4694, Page 364, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Thousand four hundred twelve dollars and twenty 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 UNIT 6 BLK 220 LOT 5 5472 27th Place SW 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 Jeff right Assis t County Attorney Packet Page -1044-