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Agenda 09/24/2013 Item #16A 7 9/24/2013 16.A.7. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of$87,400 for payment of$611.72, in the Code Enforcement Action entitled Board of County Commissioners vs.Jose L. Perez and Isabel Perez, Code Enforcement Case Numbers CESD20100008561 and CESD20120006147, relating to property located at 110 Wilson Boulevard South, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) release a $87,400 Code Enforcement lien, for payment of$611.72, in relation to Code Enforcement Board case numbers CESD20100008561 and CESD20120006147. CONSIDERATIONS: As a result of code violations at 110 Wilson Blvd, the Code Enforcement Board ordered the imposition of a lien ("Lien") against Josse L. Perez and Isabel Perez in Code Enforcement Case Number CESD20100008561. The lien was recorded in the Official Public Records on August 6, 2012, at O.R. Book 4825, Page 837, and the lien encumbers all real property owned by Josse L. Perez and Isabel Perez. The fine amount of $56,400 is based on accrued fines for the non-compliance period of 376 days at $150 per day pertaining to a pool and pool screen cage enclosure with no Collier County permits or inspection and a certificate of completion. A Warranty Deed was recorded to Eric Ramirez on June 6, 2013. The property was brought into compliance on July 3, 2013. As a result of code violations at 110 Wilson Blvd, the Code Enforcement Board ordered the imposition of a lien ("Lien") against Josse L. Perez and Isabel Perez in Code Enforcement Case Number CESD20120006147. The lien was recorded in the Official Public Records on March 4, 2013, at O.R. Book 4895, Page 2289, and the lien encumbers all real property owned by Josse L. Perez and Isabel Perez. The fine amount of $31,000 is based on accrued fines for the non- compliance period of 155 days at$200 per day pertaining to an unpennitted window added to the garage with a large hole in the garage wall with an A/C unit within. A Warranty Deed was recorded to Eric Ramirez on June 6, 2013. The property was brought into compliance on July 3, 2013. Pursuant to the Board'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 $611.72 has been paid. This represents $161.72 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of$61 1.72 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$86,950 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 Packet Page-1199- 9/24/2013 16.A.7. 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 $87,400, accept payment of$611.72 and release the Lien, and also authorize the Chairwoman to sign the attached release of Lien. Prepared by: Marlene Serrano, Code Enforcement Department Manager of Operations, Growth Management Division, Planning and Regulation. Attachments: Release of Lien Packet Page -1200- 9/24/2013 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to approve the release of lien in the amount of$87,400 for payment of$611.72, in the Code Enforcement Action entitled Board of County Commissioners vs.Jose L. Perez and Isabel Perez, Code Enforcement Case Numbers CESD20100008561 and CESD20120006147, relating to property located at 110 Wilson Blvd. South, Collier County, Florida. Meeting Date: 9/24/2013 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 8/27/2013 11:01:31 AM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 9/3/2013 11:43:21 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 9/3/2013 1:38:48 PM Name:NoellKevin Title:Attorney of Record(CAO) Date: 9/3/20]3 2:19:19 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/11/2013 8:23:27 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/11/2013 2:54:03 PM Name: KlatzkowJeff Packet Page -1201- 9/24/2013 16.A.7. Title: County Attorney Date: 9/11/2013 3:56:32 PM Name: OchsLeo Title: County Manager Date: 9/12/2013 11:24:10 AM Packet Page -1202- 9/24/2013 16.A.7. This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2487 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: Josse L. Perez and Isabel Perez, Respondents The lien was recorded on August 6, 2012 in Official Records Book 4895, Page 2289, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Six Thousand and Eighty Dollars and Eighty Six 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 13 110 Wilson Blvd. South, 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 1/t% Kevin Noe I Assistant County Attorney Packet Page-1203- 9/24/2013 16.A.7. This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2487 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: Josse L. Perez and Isabel Perez, Respondents The lien was recorded on August 6, 2012 in Official Records Book 4825, Page 837, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Five Thousand One Hundred Eighty Dollars and Eighty Six 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 13 110 Wilson Blvd. South, 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 Kevin Noell Assistant County Attorney Packet Page -1204-