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Agenda 04/26/2022 Item #16A 4 (Code Enforcement Lien - Miralles)04/26/2022 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $1,188.80 for payment of $688.80 in the code enforcement action titled Board of County Commissioners v. Alfredo Miralles, Sr., relating to property located at 308 S 9th St, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $1,188.80 for payment of $688.80, in relation to Code Enforcement Special Magistrate Case No. 2006010406. CONSIDERATIONS: When the subject property was owned by Alfredo Miralles, Sr., the Code Enforcement Special Magistrate ordered the imposition of a code lien on the property. The code violations consisted of litter, minimum housing issues, and unlicensed or inoperable vehicles parked on the property. The lien was recorded on May 3, 2007, at O.R. Book 4223, Page 1488. The current lien amount of $1,188.80 is based on 351 days of accrued fines ($100 per day from May 1, 2006, through April 17, 2007) totaling $35,100. Due to mitigating circumstances, the Special Magistrate reduced the fine to $1,000, plus $188 in operational costs. The property was brought into compliance by the previous owner on April 17, 2007. Pursuant to Resolution No. 2012-46, a request for a reduction of fines may be considered, in part, when a lien encumbers property under new ownership and the new owner has diligently pursued abatement and achieved compliance and/or when payment of the lien would impose a severe financial hardship on the owner. Miradis Miralles took sole possession of the property, via Quit Claim Deed, recorded on October 8, 2014, at O.R. Book 5083, Page 3068. The property was acquired as part of a divorce settlement, and she was unaware of the outstanding lien until a correction to the deed was submitted to the County Tax Collectors Office. Ms. Miralles currently lives on a limited income with many financial obligations due to several major health issues. The home, located in Immokalee, is occupied by seasonal renters, and the cost of maintenance, repairs, and taxes, combined with the loss of rent due to the Covid-19 pandemic, has further restricted her income. The property is being actively maintained, and the owner has paid $688.80 in settlement of fines. The owner is requesting a waiver of $500 in accrued fines and the required hardship letter is attached as required. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $688.80 in settlement of fines has been received. If approved by the Board, accrued fines in the amount of $500 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 -CAK RECOMMENDATION: To waive the remaining fines in the amount of $500, accept payment amount of $688.80, and authorize the Chair 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. Owner Letter (PDF) 2. Lien Orders (PDF) 3. executed release 2006010406 (PDF) 4. Backup Documents (PDF) 16.A.4 Packet Pg. 486 04/26/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doc ID: 21512 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $1,188.80 for payment of $688.80 in the code enforcement action titled Board of County Commissioners v. Alfredo Miralles, Sr., relating to property located at 308 S 9th St, Collier County, Florida. Meeting Date: 04/26/2022 Prepared by: Title: – Code Enforcement Name: Dana Rarey 03/14/2022 1:08 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 03/14/2022 1:08 PM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 03/15/2022 8:05 AM Code Enforcement Colleen Davidson Additional Reviewer Completed 03/18/2022 9:51 AM Growth Management Department Diane Lynch Growth Management Department Completed 03/22/2022 1:33 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 03/25/2022 11:12 AM Growth Management Department James C French Growth Management Completed 03/26/2022 2:38 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/28/2022 9:52 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/28/2022 2:44 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/04/2022 8:37 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/13/2022 3:26 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM 16.A.4 Packet Pg. 487 16.A.4.a Packet Pg. 488 Attachment: Owner Letter (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.a Packet Pg. 489 Attachment: Owner Letter (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.b Packet Pg. 490 Attachment: Lien Orders (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.b Packet Pg. 491 Attachment: Lien Orders (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.c Packet Pg. 492 Attachment: executed release 2006010406 (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 493 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 494 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 495 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 496 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 497 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 498 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 499 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 500 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 501 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.) 16.A.4.d Packet Pg. 502 Attachment: Backup Documents (21512 : BCC v. Alfredo Miralles, Sr.)