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Agenda 02/14/2017 Item #16A 402/14/2017 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a value of $91,329.06 for payment of $84,228.11, received through proceeds from the tax deed sale of the property, in the code enforcement actions entitled Board of County Commissioners v. Ira Dilozir. Code Enforcement Board Case No. CEAU20140003887 relating to property located at 4301 20 th Place SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of $91,329.06 for payment of $84,228.11, received through the excess proceeds from the tax deed sale of the property, in relation to Code Enforcement Board Case No. CEAU20140003887. CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the imposition of a lien against Ira Dilozir in Case No. CEAU20140003887 for code violations at 4301 20 th Place SW, consisting of an unpermitted fence not being maintained. The lien was recorded in the Official Records on July 31, 2014, at O.R. Book 5063, Page 838. The lien amount of $91,329.06 is based on 911 days of accrued fines ($100 per day from June 3, 2014 through November 29, 2016), $91,100 plus operational costs in the amount of $229.06. The property was brought into compliance on November 29, 2016. The property was acquired by Tracey Dewrell and Mara Dewrell, via Tax Deed Sale, recorded on October 18, 2016. 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 with fines that accrued prior to transfer of title and thirty days following. Tracey Dewrell and Mara Dewrell took title to this property with uncorrected code violations and abated the violations. The property is being actively maintained and $84,228.11 has been received through the excess funds available from the tax sale of the property and applied toward the total outstanding amount of $91,329.06. The excess funds were paid to the County in compliance with Fla. Stat. 197.582 (2) as the County's code lien was a governmental lien of record against the subject property and excess funds were available. The owner is requesting the remaining $7,100.95 in accrued fines be waived. There are currently no known violations. FISCAL IMPACT: Payment of $84,228.11 in settlement of fines has been made, representing $83,999.05 in fines plus operational costs in the amount of $229.06. If approved by the Board, accrued fines in the amount of $7,100.95 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 $7,100.95, accept payment in the amount of $84,228.11, 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, Growth Management Department 16.A.4 Packet Pg. 426 02/14/2017 ATTACHMENT(S) 1. Lien Order (PDF) 2. Release and Satisfaction - KN signed(12) (PDF) 16.A.4 Packet Pg. 427 02/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Item Summary: Recommendation to approve the release of a code enforcement lien with a value of $91,329.06 for payment of $84,228.11, received through proceeds from the tax sale of the property, in the code enforcement actions entitled Board of County Commissioners v. Ira Dilozir. Code Enforcement Board Case No. CEAU20140003887 relating to property located at 4301 20th Place SW, Collier County, Florida. Meeting Date: 02/14/2017 Prepared by: Title: Administrative Assistant – Code Enforcement Name: Nancy CardinaleLower 01/10/2017 10:14 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 01/10/2017 10:14 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/11/2017 10:35 AM Code Enforcement Marlene Serrano Additional Reviewer Completed 01/17/2017 11:07 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 01/17/2017 11:13 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/17/2017 11:48 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/18/2017 3:37 PM Growth Management Department James French Additional Reviewer Completed 01/19/2017 8:21 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/20/2017 10:46 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/25/2017 11:16 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/26/2017 12:12 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/26/2017 1:13 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM 16.A.4 Packet Pg. 428 16.A.4.a Packet Pg. 429 Attachment: Lien Order (2566 : Dilozir, Release of Lien) 16.A.4.a Packet Pg. 430 Attachment: Lien Order (2566 : Dilozir, Release of Lien) 16.A.4.a Packet Pg. 431 Attachment: Lien Order (2566 : Dilozir, Release of Lien) 16.A.4.a Packet Pg. 432 Attachment: Lien Order (2566 : Dilozir, Release of Lien) 16.A.4.b Packet Pg. 433 Attachment: Release and Satisfaction - KN signed(12) (2566 : Dilozir, Release of Lien)