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Agenda 07/24/2012 Item #16A 97/24/2012 Item 16.A.9. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $37,317.61 for payment of $2,717.61, in the Code Enforcement Action entitled Board of County Commissioners vs. Stan Spence and Nancy Spence, Code Enforcement Special Magistrate Case Number CEV20090004289, relating to property located at 139 Andrea Lane, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $37,317.61 code enforcement lien, for payment of $2,717.61, in relation to Code Enforcement Special Magistrate case number CEV20090004289. CONSIDERATIONS: As a result of code violations at 139 Andrea Lane, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners Stan Spence and Nancy Spence, in Code Enforcement Case Number CEV20090004289. The lien was recorded in the Official Public Records on March 23, 2010, at O.R. Book 4548, Page 1998, and the lien encumbers all real property owned by Stan Spence and Nancy Spence. Based on accrued fines of $37, 200, for the non - compliance period of 744 days at $50 per day and operational cost of $117.61, the accrued lien amount is $37,317.61 for an unlicensed vehicle on the property. The property was brought into compliance by the owner on December 21, 2011. Suncoast Schools Federal Credit Union obtained a Certificate of Title (via foreclosure sale) to the property on September 30, 2011. Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of $117.61 and fines of $2,600 for consideration by the Board to release the lien. FISCAL IMPACT: The property owner has provided payment of $2,717.61, representing the County's costs and fines. If approved by the Board, accrued fines in the amount of $34,600 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 $34,600, accept payment of $2,717.61 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 -1450- 7/24/2012 Item 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9. Item Summary: Recommendation to approve the release of lien in the amount of $37,317.61 for payment of $2,717.6.1, in }in r-,!c = nforcement Action entitled Board of County Commissioners vs. Stan Spence and Nancy Spence, Code Enforcement Special Magistrate Case Number CEV20090004289, c;4 +ing to property located at 139 Andrea Lane, Collier County, Florida. Meeting Date: 7/24/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 6/26/2012 8:47:38 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/26/2012 11:45:08 AM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 6/26/2012 4:17:41 PM Name: WrightJeff Title: Assistant County Attornev.Coanty Attomey Date: 6/28/2012 2:09:34 PM Name: Marcella. Title: Executive Secretary. ': u. , — Lation Planning Date: 6/28/2012 2:32:19 PM Name: KlatzkowJeff Title: County Attorney Date: 7/3/2012 .10:14:16 AM Name: FinnEd Packet Page -1451- Title: Senior Budget Analyst, OMB Date: 7/3/2012 12:29:53 PM Name: SheffieldMichael 7/24/2012 Item 16.A.9. Title: Manager- Business Operations, CMO Date: 7/9/2012 10:55:00 AM Packet Page -1452- 7/24/2012 Item 16.A.9. 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: Stan Spence & Nancy Spence, Respondents The lien was recorded on March 23, 2010 in Official Records Book 4548, Page 1998, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Four Thousand six hundred seventeen dollars and sixty one 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: 12 51 26 BEG AT SE CNR S 335.26FT, N54 DEG W 1672.1 OFT, N1181.53FT, N89 DEG W 231.94FT TO POB, N89 DEG W 139 Andrea Lane 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Je Wri ht Ass t nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1453-