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Agenda 06/14/2011 Item #16A14 . . . 6/14/2011 Item 16.A.14. EXECUTIVE SUMMARY Recommendation to approve the Release of Liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Carolina M. Alvarez, Code Enforcement Case Numbers CEPM20080005933 and CERR20080006426, relating to property located at 724109th Avenue North, Collier County, Florida. OBJECTIVE: To have the Board approve waiver of fines and authorize the Chairman to sign Release and Satisfaction of Liens in relation to the code enforcement action described below. CONSIDERATIONS: Case No. CEPM20080005933: As a result of minimum housing code violations at 724 1091h Ave North, the Special Magistrate ordered the imposition of a lien against the owner, Carolina A. Alvarez. The lien was imposed by the Code Enforcement Board on February 6, 2009 and recorded in the Official Public Records on February 23, 2009, at OR. Book 4429, Page 3254, and it encumbers all real and personal property owned by Carolina A. Alvarez. Based on accrued fines for the non-compliance period of 101 days at $250 per day, the accrued lien amount is $25,250 for failure to correct the minimum housing violations. If this item is approved, all fines except $250, which has been paid, will be released. The property was brought into compliance on February 23, 2009. The operational costs in the amount of $118.13 have been paid. Case No. CERR20080006426: As a result of code violations at 724 1 09th Ave North, the Special Magistrate ordered the imposition of a lien against the owner, Carolina A. Alvarez. The lien was imposed by the Code Enforcement Board hearing on February 6, 2009 and recorded in the Official Public Records on February 23, 2009, at O.R. Book 4429, Page 3249, and it encumbers all real and personal property owned by Carolina A. Alvarez. Based on accrued fines for the non-compliance period of 101 days at $25 per day, the accrued lien amount is $2,525 for failure to obtain a Collier County Rental Registration. It this item is approved, all fines except $250, which has been paid, will be released. The property was brought into compliance on February 23, 2009. The operational costs in the amount of $117.52 have been paid. On December 28, 2010, Bankunited, FSB obtained title to this property through foreclosure. There are currently no code violations on this property. Bankunited, FSB is requesting a waiver of $27,275 in fines since the violation occurred prior to their ownership of the property. All violations were abated by Carolina M. Alvarez on February 23, 2009 and the property was in compliance prior to Bankunited, FSB obtaining title to the property. FISCAL IMPACT: If approved by the Board, accrued fines in the amounts described in this summary will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -1020- . . . 6/14/2011 Item 16.A.14. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -JW RECOMMENDATION: That the Board waives the fines in relation to the code enforcement actions as described above, and by approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Liens. PREPARED BY: Jennifer Baker, Enforcement Supervisor, Code Enforcem~nt Department, Growth Management Division, Planning and Regulation. A IT ACHMENT: Two Release and Satisfaction of Liens Packet Page -1021- . . . 6/14/2011 Item 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14. Item Summary: Recommendation to approve the Release of Liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Carolina M. Alvarez, Code Enforcement Case Numbers CEPM20080005933 and CERR20080006426, relating to property located at 724 109th Avenue North, Collier County, Florida. Meeting Date: 6/14/2011 Prepared By Name: BakerJennifer Title: VALUE MISSING 5/19/2011 12:02:50 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 5/20/2011 3:05:22 PM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 5/23/2011 6:00:31 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/24/2011 10:49:46 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/24/2011 4:33:47 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/26/20114:29:26 PM Name: KlatzkowJeff Title: County Attorney, . Packet Page -1022- 6/14/2011 Item 16.A.14. . Date: 5/27/201111:44:49 AM . . Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:08:27 AM Name: IsacksonMark I Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:32:20 AM Packet Page -1023- . . . 6/14/2011 Item 16.A.14. I j Thi$ Instrument Prepared By: Jenhifer Baker, Enforcement Supervisor CO~ier County Code Enforcement Department 28 0 N. Horseshoe Drive Na les, FL 34104 (23. ) 252-2440 i i KNr.W ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CO MISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a ce ain lien against all real and personal property owned by: I ~ RELEASE AND SATISFACTION OF LIEN Carolina A. Alvarez, Respondent I The lien was recorded on February 23, 2009, in Official Records Book 4429, Pages 3249, et seq., in the Official Records of Collier County, State of Florida. The lien sedures the principal sum of two thousand two hundred seventeen dollars and fifty-two ce~ts, plus additional accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: ! 724 1 Ogth Ave North I Folio No. 62425560008 ! Naples Park Unit 1 Blk 14 Lot 31 i Collier County, a political subdivision of the State of Florida, by execution of this Release anq Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and herFby cancels said lien, along with the underlying order recorded at Official Records Book 4408, Pages 3632, et seq. I Tht Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of I ien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN IWITNESS WHEREOF, the Board of County Commissioners of Collier County, Flofjda, acting through its Chairman directs execution and recording of this Release and Sa~isfaction of Lien, by action of the Board on this day of i ,2011. AJEST D11GHT E. BROCK, Clerk I I By~ 1 i Deputy Clerk ! Approved as to form and legal sufficiency '~/l ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Packet Page -1024- 6/14/2011 Item 16.A.14. 1 I This! Instrument Prepared By: Jen~ifer Baker, Enforcement Supervisor Colli~r County Code Enforcement Department 2800 N. Horseshoe Drive Naples, FL 34104 (23~) 252-2440 ! i .1 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 cert~in lien against all real and personal property owned by: i I Carolina A. Alvarez, Respondent ! The! lien was recorded on February 23, 2009, in Official Records Book 4429, Pages 325f, et seq., in the Official Records of Collier County, State of Florida~ The lien secures the principal sum of twenty one thousand one hundred eighteen dollars and thirt~en cents, plus accrued penalties, and imposes certain obligations against real pr08erty situated in Collier County, Florida, which property is described as follows: , , i 1 ;1 724 1 09th Ave North Folio No. 62425560008 Naples Park Unit 1 Blk 14 Lot 31 I COlljer County, a political subdivision of the State of Florida, by execution of this Release and i Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien, along with the underlying order recorded at Official Records Bo4k 4408, Pages 3629, et seq. The! Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Wien in the Official Records of Collier County, Florida, to acknowledge that the lien cea~es to exist. i IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Sati~faction of Lien, by action of the Board on this day of i ,2011. 1 . ATIlEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: I 1 ! .' By: Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency f' Jeffj right Ass)s ant County Attorney ! . .1 ! i I .1 I ! .j I Packet Page -1025- ,