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Agenda 01/12/2010 Item #16A 2 Agenda Item No. 16A2 January 12, 2010 Page 1 of 4 EXECUTIVE SUMMARY -,~" Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Grisel Diaz, Case No. 2007040121 relating to property located at 1119 Madison Avenue West, Immokalee, Florida. (Revenue Received $23,378.14) OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed settlement offer from Nationstar Mortgage, LLC to release a $54,888.14 Code Enforcement Board (CEB) lien for payment of $23,378.14, in relation to the CEB action entitled Collier County vs. Grisel Diaz. Case No.2007040121. - CONSIDERATIONS: On October 31, 2008, The CEB found Grisel Diaz (Respondent) in violation of the Collier County Code of Laws and Ordinances for unpermitted improvements. The Code Enforcement Board ordered Respondent to abate the violation by applying for and obtaining a Collier County Building Permit for all unpermitted improvement, obtaining inspections through Certificate of Completion on or before November 30, 2008, or alternatively, obtain permit(s) and demolish the noncompliant structure. or a fine of $200 per day will be assessed for each day the violation continued unabated. (The CEB transcript states $200 per day, but due to a scrivener's error, the amount stated on the written finding of fact order was $100 per day.) Due to non-compliance and based on the above order, the Code Enforcement Board entered an order (dated April 3, 2009) imposing a lien. The Order Imposing a Lien was recorded at O.R. Book 4442, Page 2339-2340, of the Official Public Records of Collier County, and provided for a principal amount of $11,600, plus continuing fines of $200 per day. The property was brought into compliance by Nationstar Mortgage, LLC by removing the unpermitted improvements and restoring the building to its original state on October 28, 2009. Nationstar Mortgage incurred $4,110 in repair costs in order to bring the property into compliance. The accrued lien amount. including the principal amount of $11,600, plus an additional fine of $43,200 (Le.. 216 days at $200/day), and operational costs of $88.14, is $54,888.14. On July 17, 2009, Nationstar Mortgage, LLC took title to this property foreclosure and contacted the County to propose settlement of this lien. . via FISCAL IMPACT: Nationstar Mortgage. LLC has paid $23,378.14 for consideration of this settlement offer. If the settlement offer is approved by the Board, the remaining fines in Ihe amount of $31 ,51 0 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. _. ~ Agenda Item No. 16A2 January 12, 2010 Page 2 of 4 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accept the settlement offer and approve the release of the lien recorded at OR. Book 4442, Pages 2339, et seq.. of the Official Public Records of Collier County. By approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager "".' .,~"" Agenda Item No. 16A2 January 12, 2010 Page 3 of 4 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A2 Meeting Date: Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Grisel Diaz, Case No. 2007040121 relating to property located at 1119 Madison Avenue West, Immokalee, Florida. (Revenue Received $23,378.14) 1/12/20109:00:00 AM Prepared By Marlene Serrano Manager ~ Code Enforcement Operations Date Community Development & Code Enforcement 12/171200912:00:37 PM Environmental Services Approved By Diane B. Flagg Director - Code Enforcement Date Community Development & Code Enforcement 12117120094:43 PM Environmental Services Approved By Judy Puig Operations Analyst Date .- Community Development & Community Development & 12118/2009 3:21 PM Environmental Services Environmental Services Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 12121/20093:27 PM Approved By Jeff Klatzkow County Attorney Date 12123/2009 8:43 AM Approved By Nick Casalanguida Director w Transportation Planning Date Transportation Division Transportation Planning 12/28/2009 1 :01 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Office of Management & Budget Budget 12/311200912:40 PM -. _'_.Hm_..__ "",----... .-.-.....-- ~..<_. ..----.-- Agenda Item No. 16A2 January 12, 2010 Page 4 of 4 This Instrument Prepared By: Martene Serrano 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: Grisel Diaz The lien was recorded on April 9, 2009 in Official Records Book 4442, Page 2339-40, in the Official Records of Collier County, State of Florida. By its express terms, the lien secures the principal sum of Fifty-Four Thousand Eight Hundred Eighty-Eight dollars and Fourteen cents, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: Folio No. 63851740006 1119 Madison Avenue West, Immokalee, Florida Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges waiver of its interest in, and full 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. 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 ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and legal sufficiency /""\ . ( ~- ight ant County Attorney ,'-,.,.-'.,,---"', '.