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Agenda 01/27/2015 Item #16A 6 1/27/2015 16.A.6. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $10,923.83 for payment of $1,073.83, in the code enforcement action entitled Board of County Commissioners v. Avin Noel and Maria Chavanes, Code Enforcement Board Case No. 2004-038, relating to property located at 4818 Devon Circle,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of$10,923.83, for payment of$1,073.83, in relation to Code Enforcement Board Case No. 2004-038. CONSIDERATIONS: As a result of a code violation at 4818 Devon Circle, consisting of assembly of an unpermitted fence, the Code Enforcement Board ordered the imposition of a lien against Avin Noel and Maria Chavanes in Code Enforcement Board Case No. 2004-038. The lien was recorded in the Official Public Records on February 8, 2005, at O.R. Book 3730, Page 2033 and it encumbers all real and personal property owned by Avin Noel and Maria Chavanes. The accrued lien amount of $10,923.83 is based on 206 days of accrued fines (September 6, 2004 through March 30, 2005) at $50 per day, plus $623.83 in operational costs. The property was brought into compliance on March 30, 2005. Avin Noel and Maria Chavanes owned this property throughout this period. A general warranty deed was recorded on June 17, 2014 in favor of Electrical and Control Power Engineering Incorporated. 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 the owner has paid $1,073.83. Electrical and Control Power Engineering Incorporated is requesting a waiver of $9,850 in accrued fines. FISCAL IMPACT: Payment of the $1,073.83 fine has been made representing $450 in fines and $623.83 in operational costs. If approved by the Board, accrued fines in the amount of $9,850 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: That the Board of County Commissioners waive the fines in the amount of $9,850, accept payment amount of $1,073.83, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. [14-CED-00979/1 1 4 1 3 55/1] Packet Page-173- 1/27/2015 16.A.6. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachments: 1)Release and Satisfaction of Lien 2)Lien Order [14-CED-00979/1141355/1] Packet Page-174- 1/27/2015 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.6. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$10,923.83 for payment of$1,073.83, in the code enforcement action entitled Board of County Commissioners v. Avin Noel and Maria Chavanes, Code Enforcement Board Case No. 2004-038, relating to property located at 4818 Devon Circle, Collier County, Florida. Meeting Date: 1/27/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 12/17/2014 10:42:41 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/6/2015 1:01:42 PM Name: WrightJeff Title:Director-Code Enforcement, Code Enforcement Date: 1/7/2015 1:17:59 PM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 1/7/2015 1:50:38 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/14/2015 10:00:38 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2015 1:55:10 PM Name: IsacksonMark Packet Page-175- 1/27/2015 16.A.6. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 1/15/2015 9:06:08 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 1/20/2015 8:52:56 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/20/2015 10:02:18 AM Packet Page-176- 1/27/2015 16.A.6. This Instrument Prepared By: Jeff Wright 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: Avin Noel and Maria Chavanes Respondents The lien was recorded on February 8, 2005, in Official Records Book 3730, Page 2033, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seven thousand seven hundred seventy-three dollars and eighty-three cents ($7,773.83), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases 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. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tom Henning, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page-177- 1/27/2015 16.A.6. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA • BOARD OF COUNTY COMMISSIONERS, is = 1; PO COLLIER COUNTY,FLORIDA, a a g Os q - - 7NV Y Petitioner, CEB NO.2004-038 a a vs. r...a 1 w w�eg AVIN NOEL AND MARIA CHAVANES, Respondents, 3 3 ORDER ON IMPOSITION OF FINE/LIEN M 0 THIS CAUSE came on for public hearing before the Board on August 26,2004,after due notice to `0 WI 426 Ca) Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact / A, and Conclusions of Law and thereupon issue. ... tir A.4:?a •.i` ti d to writing on August 30,2004 and = c ON furnished to Respondents and was recur. �• i R N pond cia Public Records of Co i� • ,ty,Florida at OR 3637,PG 3727 , p, et.seq.on September 8,2004. I .. sr An Affidavit of Non Comp ianc: f I I 1:o.' ., . T od Enforcement Official on _ e ty+s January 11,2004,which Affidavit c tt4`Ei . •.. r-'.uire• o trvv to lion has not been taken as ` , ni, iii ordered. ✓' n Accordingly,it having been . .N tat, Board's attention indents have not complied with the ewers Order dated August 30,2004,it is hereby 714TE CIII'C ORDERED,that the Respondents,Avin Noel and Maria Chavanes,pay to Collier County fines in the i"R 2 amount of$7,150 for the period of September 6,2004 through January 27,2005 at a rate of$50 per day,plus $623.83 for the operational costs incurred in the prosecution of this case for a total of$7,773.83. s Z. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents ° come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de nova,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien _. _ _ . _ _ Packet Page-178- _ r 1/27/2015 16.A.6. . - • *** OR: 3730 PG: 2034 xxx against the property described in Exhibit"A"and/or any other real or personal property owned by Respondents. �- . 1�d DONE AND ORDERED this(9' day of fe7)(140.1,2005 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: e-CG� "l�C Cliff Flega Chair 2800 No Hors hoe Drive Naples,Florida 34104 ' STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) L The foregoing instrument was acknowledged before me this . day of bmit+ 2005,by Cliff Flegal,Chair of the Code Enforcement Board of Collier County,Flo da, . 'o is personally known to me or who has produced a Florida Driver's '_ °•: 4,1 loin• + _'• 1- 4 - v-544(i Donn s�to 1 .. . / . t.'' �" .coal ssi.� .t .23494 NO UBLIC p Ex res: u: '° M cormni-.ion ..ires: ' ...; `' B.° ndin5 Co..I C I HEREBY CERTIFY •.t a ' I .s,. •y_. A? s O'.:' :s • sent by U.S.Mail to Avin Noel and Maria Chavanes,4818 ••u;6ii ircie,Naples,Florida 12 tizis • day of R/i'i-1 o '! ,2005. T ITE C ;