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Agenda 03/13/2012 Item #16A43/13/2012 Item 16.A.4. EXECUTIVE SUMMARY Recommendation to approve the release of a $97,600 lien for payment of $450, in the Code Enforcement Action entitled Board of County Commissioners vs. J.H. Prettyman, Code Enforcement Board Case No. CEB 2007 -11, relating to property located at 1294 Snook Aly, Chokoloskee, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $97,600 code enforcement lien, for payment of $450, in relation to Code Enforcement Board (CEB) Case No. CEB 2007 -11. CONSIDERATIONS: As a result of code violations at 1294 Snook Aly, Chokoloskee, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner J.H. Prettyman, in Code Enforcement Case No. CEB 2007 -11. The lien was recorded in the Official Public Records on June 8, 2007, at O.R. Book 4241, Page 2454, and the lien encumbers all real property owned by J.H. Prettyman. Based on accrued fines for the non - compliance period of 488 days at $200 per day, the accrued lien amount is $97,600 for violation of Collier County Land Development Code, 2004 Florida Building Code and failure to obtain Collier County Building Permit, request all related inspections and Certificate of Completion for seawall construction and site work. The property was brought into compliance on August 26, 2008. The property owner has paid operational cost of $400.16 and all administrative costs. Upon approval, pre- acquisition fines of $97,600 will be waived. FISCAL IMPACT: The property owner has provided payment of $450. If approved by the Board, accrued fines in the amount of $97,600 will 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 $97,600, accept payment of $450.00 and release the Lien, and also authorize the Chairman to sign the attached release of lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release of Lien Packet Page -1208- 3/13/2012 Item 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4. Item Summary: Recommendation to approve the release of a $97,600 lien for payment of $450, in the Code Enforcement Action entitled Board of County Commissioners vs. J.H. Prettyman, Code Enforcement Board Case No. CEB 2007 -11, relating to property located at 1294 Snook Aly, Chokoloskee, Florida Meeting Date: 3/13/2012 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 2/13/2012 5:06:51 PM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 2/13/2012 5:06:52 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/22/2012 10:55:10 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/24/2012 1:24:37 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/24/2012 2:23:18 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/28/2012 8:49:13 AM Packet Page -1209- Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/1/2012 4:44:36 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/2/2012 3:39:29 PM Name: KlatzkowJeff Title: County Attorney Date: 3/2/2012 4:09:57 PM Name: OchsLeo Title: County Manager Date: 3/4/2012 8:39:34 PM Packet Page -1210- 3/13/2012 Item 16.8.4. 3/13/2012 Item 16.A.4. 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: J. H. Prettyman, Owner The lien was recorded on June 8, 2007 in Official Records Book 4241, Page 2454, in the Official Records of Collier County, State of Florida, The lien secures the principal sum of Four Thousand Two Hundred dollars and zero 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: CHOKOLOSKEE 31 53 30 COMM SW CNR OF NW1 /4 OF NW1 /4, N 148FT S78 DEG E FOR 51.40FT, CONT S78 DEG El 19.12FT TO POB 1294 Snook Aly Chokoloskee, 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: Deputy Clerk Approved as to form and legal sufficiency Jeff ri ht Assistant County Attorney By: Fred W. Coyle, Chariman Packet Page -1211-