Loading...
Agenda 02/12/2019 Item #16A1102/12/2019 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $1,588,637.89 for payment of $450 in the code enforcement action entitled Board of County Commissioners v. Jean Claude Martel, Code Enforcement Board Case No. 2006081112 relating to property located at 3176 Karen Dr., Collier County, Florida. OBJECTIVE: For the Board of County Commissioners (Board) to accept an offer to release a code enforcement lien with an accrued value of $1,588,637.89 for payment of $450 in relation to Code Enforcement Board Case No. 2006081112. CONSIDERATIONS: As a result of code violations, consisting of a bee infestation and minimum housing violations, a lien was imposed on the property. The lien in Case No. (2006081112) was recorded in the Official Records on May 30, 2007, at O.R. Book 4236, Page 0958. The lien amount of $1,588,637.89 is based on 3,175 days of accrued fines ($500 per day from October 24, 2006 through October 25, 2006 (bee infestation) and December 17, 2006 through August 25, 2015), totaling $1,587,500 plus $137.89 in operational costs, and a $1,000 civil penalty (which were previously paid). The property was acquired by John Minniti and Shelly Minniti, via Warranty Deed recorded on November 8, 2018. The property was brought into compliance on August 25, 2015, before the property was purchased by the new owners, as they were unaware of the violations. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. The property is being actively maintained and $450 has been paid in settlement of fines. The new owner is requesting a waiver of $1,588,187.89 in accrued fines. There are currently no known violations. FISCAL IMPACT: Payment of $450 has been made, representing $450 in fines. If approved by the Board, accrued fines in the amount of $1,588,187.89 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. - KN RECOMMENDATION: To waive the fines in the amount of $1,588,187.89, accept payment amount of $450, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Release of Lien (PDF) 2. Lien Order (PDF) 16.A.11 Packet Pg. 585 02/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doc ID: 7742 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $1,588,637.89 for payment of $450 in the code enforcement action entitled Board of County Commissioners v. Jean Claude Martel, Code Enforcement Board Case No. 2006081112 relating to property located at 3176 Karen Dr., Collier County, Florida. Meeting Date: 02/12/2019 Prepared by: Title: Supervisor - Operations – Code Enforcement Name: Iliana Burgos 01/10/2019 10:00 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 01/10/2019 10:00 AM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 01/10/2019 11:13 AM Code Enforcement Marlene Serrano Additional Reviewer Completed 01/10/2019 3:09 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/10/2019 4:21 PM Growth Management Department James C French Deputy Department Head Review Completed 01/14/2019 5:38 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2019 1:51 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/29/2019 10:24 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/29/2019 1:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/30/2019 9:55 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/31/2019 9:35 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/31/2019 12:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM 16.A.11 Packet Pg. 586 16.A.11.a Packet Pg. 587 Attachment: Release of Lien (7742 : Martel, Release of Lien) 16.A.11.b Packet Pg. 588 Attachment: Lien Order (7742 : Martel, Release of Lien) 16.A.11.b Packet Pg. 589 Attachment: Lien Order (7742 : Martel, Release of Lien) 16.A.11.b Packet Pg. 590 Attachment: Lien Order (7742 : Martel, Release of Lien) 16.A.11.b Packet Pg. 591 Attachment: Lien Order (7742 : Martel, Release of Lien)