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Agenda 12/13/2011 Item #16A1512/13/2011 Item .16.A.15. EXECUTIVE SUMMARY Recommendation to approve.the rye of lien in the Code Enforcement Aeon entitled Board of County Commissioners vs. Alba R. Licci, Code Enforcement Board Case No. CESD - 29-0007768, relating to Property located at 2396 39 ' Avenue N.E., Collier.County, Florida OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code enforcement lien for payment of $26,881.72; In relation to the Code Enforcement Board action entitled Board of County Commissioners vs. Alba R. Licci (Respondent), CEB Case No. CESD 2009 - 0007768. CONSIDERATIONS: On December 1 t, 2009, the Code Enforcement Board (CEB), found respondent in violation of the Collier County Code of Laws and Ordinances relating to property located at 2395 3e Avenue, N.E. for a garage converted into living space without permits. A written order was recorded on December 7'", 2009 at O.R. Book 4516, Page 10. Based on the above order, the CES entered a lien order, which was recorded on February 12, 2010, at O.R. Book 4537, Page 1081, of the Official Public Records of Collier County. The lien encumbers all real and personal property owned by Alba R. Licci, including 2395 3e Avenue N.E. Suncoast Schools Federal Credit Union (Suncoast Schools) took possession of the subject property with a Certificate of Title recorded on April 14, 2011 due to foreclosure. Fines accrued from April 15, 2011 to August 26, 2011 at $200 per day -total $26,800. Members Title Agency, LLC, as representative for Suncoast Schools, has submitted payment in the amount of $26,881.72 which includes operational costs of $81.72 as a good fait# settlemerrt agreement. The property was abated by the bank on August 26, 2011. In exchange for this payment, they are requesting a waiver of the $122,000 in fines that accrued prior to taking title. FISCALIMPACT: This proposed settlement recoups all County hard casts. if approved by the Board, accrued fines in the amount of $122,000 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSLDERA,T-IONS This +tem 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 $122,000, accept payment in the amount of $26,881.72 and release the lien, as described herein, and by approval of this item, authorizes the Chairman to sign the attached release of lien. PREPAREW BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release of lien Packet Page -1233- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15. 12/13/2011 Item 16.A.15. Item Summary: Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Alba R. Licci, Code Enforcement Board Case No. CESD- 2009 - 0007768, relating to property located at 2395 39th Avenue N.E., Collier County, Florida. Meeting Date: 12/13/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 11/15/20119:54:46 AM Approved By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce Date: 11/21/20119:29:22 AM Name: PuigJudy Title: Operations Analyst, CDES Date: 11/21/2011 11:03:13 AM Name: CasalanguidaNick Title: Deputy Administrator - GMD,Business Management & Budget Office Date: 11/21/2011 12:25:50 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 11/21/2011 1:38:48 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/21/2011 3:06:03 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -1234- Date: 11/28/20114:05:05 PM Name: IsacksonMark 12/13/2011 Item 16.A.15. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/29/20118:48:38 AM Name: SheffieldMichael Title: Manager - Business Operations, CMO Date: 11/29/20112:34:59 PM Packet Page -1235- This Instrument Prepared By: Marlene Serrano 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 i s certain lien against all real and personal property owned by Alba R. Licci, Owner 12/13/2011 Item 16.A.15. the BOARD OF COUNTY the owner and holder of a The lien was recorded on January 28, 2010 in Official Records Book 4537, Page 1081, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Forty Eight Thousand, Eight Hundred dollars, plus operational costs of Eighty One Dollars and Seventy Two Cents. Collier County, a political subdivision of the State of Florida, by execution of this Release of Lien, acknowledges partial payment and hereby cancels and releases the lien in relation to the following property only: 2395 39"' Avenue N.E., Collier County, Florida Folio No. 39890600005 The Board of County Commissioners hereby acknowledges that the lien ceases to exist as to the above described property only, and that the lien shall remain in full force and effect with respect to all other real and personal property owned by Respondent. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of , 2011. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency Je right Assistant County Attorney By: Fred W. Coyle, Chairman Packet Page -1236-