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Agenda 02/10/2015 Item #16A13 2/10/2015 16.A.13. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a net accrued value of $35,754.99, for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Carlos I. Hernandez and Maria A. Carranza, Code Enforcement Board Case No. CEVR20100021320, relating to property located at 1855 42nd Street SW, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with a net accrued value of$35,754.99, for payment of$450, in relation to Code Enforcement Board Case No. CEVR20100021320. CONSIDERATIONS: As a result of a code violation at 1855 42nd Street SW, for prohibited exotic vegetation on the property which impeded the sight design triangle,the Code Enforcement Board ordered the imposition of a lien against Carlos I. Hernandez and Maria A. Carranza in Case No. CEVR20100021320. The lien was recorded in the Official Public Records on October 18, 2011, at O.R. Book 4728, Page 924, and it encumbers all real and personal property owned by Carlos I. Hernandez and Maria A. Carranza. The lien amount of$122,285.72 is based on 594 days of accrued fines (August 28, 2011 through June 19, 2012 for order items 1, 2, 3 and 4) at $200 per day, plus $85.72 in operational costs and $3,400 in abatement costs. The property is in compliance as of June 19, 2012. JJF2 Trust, M L Shapiro, Trustee, acquired the property through a tax certificate on February 4, 2014 and paid $105,000. The County received $86,530.73 from the proceeds, reducing the accrued fines to $35,754.99. 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, the new owner has diligently pursued abatement, and compliance has been achieved. The property is being actively maintained and the owner has paid $450 in fines. JJF2 Trust, M L Shapiro, Trustee is requesting a waiver of$35,304.99 in accrued fines. FISCAL IMPACT: Payment of$450 in fines has been made. All costs ($3,485.72) and over $80,000 in fines, were previously paid in conjunction with the February 2014 tax deed sale. If approved by the Board, accrued fines in the amount of$35,304.99 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 waives the remaining fines in the amount of $35,304.99, accept payment in the amount of $450, release the lien, and 1 5-CED-009 87/1 1 465 3 3/1 Packet Page-327- 2/10/2015 16.A.13. authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division Attachments: 1)Release and Satisfaction of Lien 2)Lien Order 15-CED-00987/1 146533/1 Packet Page-328- 2/10/2015 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve the release of a code enforcement lien with a net accrued value of$35,754.99, for payment of$450, in the code enforcement action entitled Board of County Commissioners v. Carlos I. Hernandez and Maria A. Carranza, Code Enforcement Board Case No. CEVR20100021320, relating to property located at 1855 42nd Street SW, Collier County, Florida. Meeting Date: 2/10/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 1/21/2015 1:24:05 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/22/2015 12:05:36 PM Name: WrightJeff Title:Director-Code Enforcement, Code Enforcement Date: 1/27/2015 4:46:08 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 1/27/2015 5:05:16 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 1/28/2015 4:35:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/29/2015 11:06:34 AM Name: IsacksonMark Packet Page -329- 2/10/2015 16.A.13. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 1/30/2015 9:07:28 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/2/2015 11:39:50 AM Packet Page-330- 2/10/2015 16.A.13. 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: Carlos I. Hernandez and Maria A. Carranza Respondents The lien was recorded on October 18, 2011, in Official Records Book 4728, Page 924, in the Official Records of Collier Count y, State of Florida.da. The lien secures the principal sum of ten thousand four hundred eighty-five dollars and seventy-two cents ($10,485.72), 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 Tim Nance, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page -331- 2/10/2015 16.A.13. INSTR 4617062 OR 4728 PG 924 RECORDED 10/18/2011 10:12 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY.FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, • Petitioner, CASE NO.:CEVR20100021320 vs. CARLOS I. HERNANDEZ AND MARIA A.CARRANZA, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearingge(o[e aotrjtai July 28,2011,after due notice to Respondents at which time the Board heard testi oily-Lnder oa ec\i0e'd idence,and issued its Findings of Fact and Conclusions of Law and thereupon issued Sts,ofal Order which was rt4uistip writing on August 2,2011 and furnished to Respondents and was recorc ''in the Public Records of Collier County,Florida at OR 4708,PG 1575,et.seq.on August 5,2011 . i An Affidavit of Non-Compliance haxlaesil f 1 th'he Boa the7Codd Enforcement Official on September 13,2011,which Affidavit certifiid,un t f"oafhYh3t tiii t" d ettive'�action has not been taken as ordered. ; Accordingly,it having been b or uic Boa.�'�attca n t p „.rts have not complied with the Order dated August 2,2011,it is hereby' ORDERED,that the RespondentfiCarios I Hernandez and 4A/cranza,pay to Collier County fines in the amount of S5,200(Order Item I and' for the period of August 23/30y1,through September 22,2011 (26 days)at$200 per day,plus fines in the amdun(gf'S5,200(Order ltcrrt.Yp�t3.4 for the period of August 28,2011 through September 22,2011 (26 days)at S200-p&d4y, tns-S8_. al costs incurred for the imposition of fines,for a total of 510,485.72. t. t 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 novo,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 against the property as described andlor any other real or personal property owned by Respondents. DONE AND ORDERED this day of -, {;f - ,2011 at Collier County,Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 Packet Page -332- 2/10/2015 16.A.13. r** OR 4728 PG 925 *** STATE OF FLORIDA )SS: COUNTY OF COLLIER) {�Q� The foregoing instrument was acknowledged before me this day of ""mot • „2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ° personally known to me or who has produced a Florida Driver's License as identification. �Iflllllly, NOTARY PUBLIC ��,... KRt5TINE TINENYE 1?' r% Notary ublic-State of Florida My commission expires: ill"' My Comm.Expires Jun 18,201e iRT IFICATE OF SERVICE • 7, Commission N EE 87272 oregae Tara yts.irCrgin ':•i•..l: correct copy of this ORDER has been sent by L1.S.Mail to Carlos I Hernand and Maria A.Carranza,1855 I Street S.W.,Naples,Florida 34116 this L•/ day of _ � 2011. �_}____ f , M.Jeans c tson,Esq.l� `----Flofic‘a Bar 1Q 751311 ! Attorney for thb Code Enforcement Board l -^' s , �,,��,',f,,F"i Trail Stc.208 it ( .. `Ita 410'3 )( 9)26 .8 061 IF CI .01K 0: ;11:1{I11A .ounty of COWER HERE '( CER71 >T this is a true and � Yo this fire to -orrcct cotrl�tn�,,occu, Di n 3card;t`,;�� ,eg'anr'UcoreS A}Canter County .. I i'1'se31 this •' LERK,' F. CO 'IS felt; 40. Packet Page -333-