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Agenda 09/10/2013 Item #16A32 9/10/2013 16.A.32. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $243,867.52 for payment of $567.52, in the Code Enforcement Action entitled Board of County Commissioners vs. Joseph B Okuniewicz & Jacqueline A. Okuniewicz, Code Enforcement Case Number CEPM20090001588, relating to property located at 2324 Kings Lake Blvd., Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) release a $243,867.52 code enforcement lien, for payment of$567.52, in relation to Code Enforcement Board case number CEPM20090001588. CONSIDERATIONS: As a result of code violations at 2324 Kings Lake Blvd., the Code Enforcement Board ordered the imposition of a lien ("Lien") against Joseph B. Okuniewicz & Jacqueline A. Okuniewicz in Code Enforcement Case Number CEPM20090001588. The lien was recorded in the Official Public Records on November 5, 2009, at O.R. Book 4506, Page 2359, and the lien encumbers all real property owned by Joseph B. Okuniewicz & Jacqueline A. Okuniewicz. The fine amount of$243,750.00 is based on accrued fines for the non-compliance period of 975 days at $250 per day pertaining to damaged roof. A Warranty Deed was recorded to Frederick Charles Bossert Sr, Kimberly M. Bossert on August 5, 2013. The property was brought into compliance on May 30, 2012. Pursuant to the Board of County Commissioner's Resolution No. 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 $567.52 has been paid. This represents $117.52 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of$567.52 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$243,300 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote to approve. 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 $243.300. accept payment of$567.52 and release the Lien, and also authorize the Chairwoman to sign the attached release of Lien. Prepared By: Colleen Crawley, Code Enforcement Department, Growth Management Division, Planning and Regulation. Packet Page -612- 9/10/2013 16.A.32. Attachments: Release of Lien Packet Page-613- 9/10/2013 16.A.32. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.32. Item Summary: Recommendation to approve the release of lien in the amount of $243,867.52 for payment of$567.52, in the Code Enforcement Action entitled Board of County Commissioners vs. Joseph B Okuniewicz &Jacqueline A. Okuniewicz, Code Enforcement Case Number CEPM20090001588, relating to property located at 2324 Kings Lake Blvd., Collier County, Florida. Meeting Date: 9/10/2013 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 8/7/2013 4:12:06 PM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 8/12/2013 4:48:53 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 8/16/2013 11:15:20 AM Name: NoellKevin Title: Attorney of Record(CAO) Date: 8/16/2013 2:03:07 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/19/2013 7:31:54 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/19/2013 9:18:49 AM Name: KlatzkowJeff Packet Page -614- 9/10/2013 16.A.32. Title: County Attorney Atek Date: 8/20/2013 10:08:29 AM Name: OchsLeo Title: County Manager Date: 8/20/2013 3:52:07 PM Agietk Packet Page -615- 9/10/2013 16.A.32. This Instrument Prepared By: Colleen Crawley Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-5892 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: Joseph B. Okuniewicz&Jacqueline A. Okuniewicz, Respondents The lien was recorded November 5, 2009 in Official Records Book 4506, Page 2359, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Six Thousand three hundred sixty seven dollars and fifty two 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: KINGS LAKE UNIT 3 BK M LOT 6 2324 Kings Lake Blvd. 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 legality and requires majority vote for approva' Kevin Noell Assistant County Attorney Packet Page-616-