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Agenda 05/12/2015 Item #16A11[15-CED-01011/1170452/1] EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $30,862.29 for payment of $562.29, in the code enforcement action entitled Board of County Commissioners v. Christopher S. Cleary Est., Code Enforcement Special Magistrate Case No. CEPM20130009214, relating to property located at 4951 18th Ct. SW, 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 $30,862.29, for payment of $562.29, in relation to Code Enforcement Board Case No. CEPM20130009214. CONSIDERATIONS: As a result of a code violation at 4951 18 th Ct. SW., for a damaged garage door, the Special Magistrate ordered the imposition of a lien against Christopher S. Cleary Est. in Case No. CEPM20130009214. The lien was recorded in the Official Public Records on December 10, 2013, at O.R. Book 4990, Page 2919, and encumbers all real and personal property owned by Christopher S. Cleary Est. The lien amount of $30,862.29 is based on 123 days of accrued fines ($250 per day from October 7, 2013 through February 6, 2014) plus $112.29 in operational costs. The property was brought into compliance on February 6, 2014. Following a foreclosure (Case No. 2009-CA-0989), a Certificate of Title was recorded on March 3, 2015 in favor of Federal National Mortgage Association. The County’s lien was filed after the foreclosure lis pendens, and is not presently enforceable as to the property in question. 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 within 30 days. The property is being actively maintained and the owner has paid $562.29. The owner is requesting a waiver of $30,300 in accrued fines. FISCAL IMPACT: Payment of $562.29 has been made representing $450 in fines and $112.29 in operational costs. If approved by the Board, accrued fines in the amount of $30,300 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 $30,300, accept payment amount of $562.29, release the lien, and authorizes 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 Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order Packet Page -612- 5/12/2015 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $30,862.29 for payment of $562.29, in the code enforcement action entitled Board of County Commissioners v. Christopher S. Cleary Est., Code Enforcement Special Magistrate Case No. CEPM20130009214, relating to property located at 4951 18th Ct. SW, Collier County, Florida. Meeting Date: 5/12/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 4/15/2015 12:10:23 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 4/16/2015 10:12:03 AM Name: WrightJeff Title: Division Director - Code Enforcement, Code Enforcement Date: 4/16/2015 2:07:18 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 4/16/2015 2:23:01 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/18/2015 11:29:00 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2015 9:34:51 AM Name: IsacksonMark Packet Page -613- 5/12/2015 16.A.11. Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/23/2015 10:12:13 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/27/2015 8:57:40 PM Packet Page -614- 5/12/2015 16.A.11. Packet Page -615- 5/12/2015 16.A.11. ■NSTR 4922■49 oR 4990 DWIGHT E. BROCK, CLERK REC S■8.50 PC 29■9 RECORDED ■2/■0/20■3 9:06 AM PACES OF THE CIRCuIT CouRT, COLL工 ER COuNrY FLOR工 DA COLLER COUNTY CODE ENFORCEMENT SPECIAL MACISTRATE Case No.CEPM20131111119214 ′ BOARD OF COUNrY COMttnSSIONERS COLLIER COUNTY,FLORIDA, Petitioner9 VS. CHRISTOPHER S,CLEARY EST, Respondont ノ TⅢS CAUSE came Motion for lmposition of argument respective to all Special Magistrate, as 1.On September 6,2013, and Ordinances, Chapter violation occuned on the hearing upon the Petitioner's Magishate, having heard of Fact and Order of the of Collier County Code of laws for a damaged garage door, rvhich 'SW,Napies,FL Folio″ 36119160009 LOT 7)(Legal Desciption:GOLDEN GA An Order was entercd by the Special Magistrate ordcring Respondent to abale the violation on or before October 6, 2013, or a fine of$250.00 per day would be assessed for each day the viotations continue $ereafter until sbalemenl is confirmed. (A copy ofthe Order is relorded at oR 4966, PG 2l l7). Operational costs of$l 12.29 incurrcd by the County in the prosecution ofthis case were ordercd to be paid. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not ippear at the public hearing and no legal defense to the Moiion was presented. No Request for Re-hearing or Appeal pursuanl to Ordinance 2010-04 has been timely filed' The violation has not been abaled as ofthe date ofthe hearing. 4. rvas found guilty Packet Page -616- 5/12/2015 16.A.11. ‐☆☆ OR 4990 PG 2920 ★☆ Packet Page -617- 5/12/2015 16.A.11.