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Agenda 07/24/2012 Item #16A137/24/2012 Item 16.A.13. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $18,067.19 for payment of $1,517.19, in the Code Enforcement Action entitled Board of County Commissioners vs. Danny L. Nairn and Marie E. Nairn, Code Enforcement Special Magistrate Case Number CEPM20110004681, relating to property located at 753 93 Id Avenue N., Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $18,067.19 code enforcement lien, for payment of $1,517.19, in relation to Code Enforcement Special Magistrate case number CEPM20110004681. CONSIDERATIONS: As a result of code violations at 753 93rd Avenue N., the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners Danny L. Nairn and Marie E. Nairn, in Code Enforcement Case Number CEPM20110004681. The lien was recorded in the Official Public Records on November 16, 2011, at O.R. Book 4737, Page 95; and the lien encumbers all real property owned by Danny L. Nairn and Marie E. Nairn. Based on accrued fines of $17,000 for the non - compliance period of 68 days at $250 per day, operational cost of $112.64, and county abatement cost of $954.55, the accrued lien amount is $18,067.19 for an unmaintained pool. The property was brought into compliance on September 14, 2011 by the County. Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of $112.64, county abatement cost of $954.55 and fines for administrative costs of $450 for consideration by the Board to release the lien. FISCAL IMPACT: The property owner has provided payment of $1,517.19, representing the County's costs and fines. If approved by the Board, accrued fines in the amount of $17,000 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 $16,550, accept payment of $1,517.19 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 -1468- 7/24/2012 Item 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13. Item Summary: Recommendation to approve the release of lien in the amount of $18,067.19 for payment of $1,517.19, in the Code Enforcement Action entitled Board of County Commissioners vs. Danny L. Nairn and Marie E. Nairn, Code Enforcement Special Magistrate Case Number CEPM20110004681, relating to property located at 753 93rd Avenue N., Collier County, Florida. Meeting Date: 7/24/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 6/28/2012 3:32:26 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/28/2012 4:17:42 PM Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 6/28/2012 4:43:19 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/29/2012 3:16:16 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 7/3/2012 4:45:30 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/5/2012 3:12:28 PM Name: KlatzkowJeff Packet Page -1469- Title: County Attorney Date: 7/5/2012 4:49:56 PM 7/24/2012 Item 16.A.13. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 7/9/2012 10:58:18 AM Packet Page -1470- 7/24/2012 Item 16.A.13. 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 FHESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS ri� COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien again -; all real and personal property owned by: Danny L. Nairn and Marie E. Nairn, Respondents The lien was recorded on November 16, 2011 in Official Records Book 4737, Page 95, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighteen Thousand sixty seven dollars and nineteen 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: NAPLES PARK UNIT 5 BLK 55 LOT 12 OR 2011 PG 2111 753 93`d Ave N Naples, FL Collier County, a political subdivision of the State of Florida, by execution of this Release and Satis°�action 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 Jeff rig Assi tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1471-