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Agenda 05/08/2012 Item #16A15/8/2012 Item 16.A.1. EXECUTIVE SUMMARY Recommendation to approve the release of a $405,094.36 lien for payment of $1,144.36, in the Code Enforcement Action entitled Board of County Commissioners vs. Rolando Salazar, Code Enforcement Board Case Number 2005 -25, relating to property located at 120 Hancock Street, Immokalee, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $405,094.36 code enforcement lien, for payment of $1,144.36, in relation to Code Enforcement Board case number 2005 -25. CONSIDERATIONS: As a result of code violations at this address, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner Rolando Salazar, in Code Enforcement Case No. 2005 -25. The Lien was recorded in the Official Public Records on February 20, 2006, at O.R. Book 3985, Page 0743, and the Lien encumbers all real property owned by Rolando Salazar. Based on accrued fines for the non - compliance period of 2,052 days at $100 per day for part 1 of the order and 1,992 days at $100 per day for part 2 of the order, the accrued Lien amount including operational costs is $405,094.36 for prohibited use and improvements to a residentially zoned property without prior Collier County approval. Mr. Salazar passed away in March 2011, and the property was brought into compliance through the efforts of Mr. Salazar's widow on May 10, 2011. The property owner has paid operational costs of $694.36 and administrative costs of $450. Upon approval, fines of $403,950 will be waived. FISCAL IMPACT: The property owner has provided payment of $1,144.36, representing all hard costs incurred by the County in this matter. If approved by the Board, accrued fines in the amount of $403,950 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 $403,950, accept payment of $1,144.36 and release the Lien, and also authorize the Chairman 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 -259- 5/8/2012 Item 16.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1. Item Summary: Recommendation to approve the release of a $404,400 lien for payment of $1,144.36, in the Code Enforcement Action entitled Board of County Commissioners vs. Rolando Salazar, Code Enforcement Board Case Number 2005 -25, relating to property located at 120 Hancock Street, Immokalee, Collier County, Florida. Meeting Date: 5/8/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 4/4/2012 12:38:00 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 4/5/2012 1:27:15 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/5/2012 3:41:07 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/9/2012 8:25:22 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 4/11/2012 12:37:55 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/16/2012 3:13:56 PM Name: KlatzkowJeff Title: County Attorney Packet Page -260- Date: 4/27/2012 9:11:41 AM Name: OchsLeo Title: County Manager Date: 4/29/2012 8:06:53 PM Packet Page -261- 5/8/2012 Item 16.A.1. This Instrument Prepared By: Jen Baker Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That COMMISSIONERS OF COLLIER COUNTY, FLORIDA is certain lien against all real and personal property owned by Rolando Salazar, Respondent 5/8/2012 Item 16.A.1. the BOARD OF COUNTY the owner and holder of a The lien was recorded on February 20, 2006 in Official Records Book 3985, Page 0743, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighteen Thousand Six Hundred ninety four dollars and thirty six cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: The north one -half of the Southwest one - quarter of the Northeast one - quarter of the Southwest one- quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, less the west 30 feet for right -of- way purposes (120 Hancock Street Immokalee, Florida) Collier County, a political subdivision of the State of Florida, by execution of this Release 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 of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jeff right Assikint County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -262-