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Agenda 09/08/2015 Item #16A299/8/2015 16.A.29. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $247,080.57 for payment of $530.57, in the code enforcement action entitled Board of County Commissioners v. Maykol Calderon, Code Enforcement Board Case No. CESD20110009230, relating to property located at 128127th Street SW, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of $247,080.57, for payment of $530.57, in relation to Code Enforcement Board Case No. CESD20110009230. CONSIDERATIONS: As a result of a code violation at 1281 27th Street SW, which consisted of an unpermitted wooden structure with electric in front of the residence, the Code Enforcement Board ordered the imposition of a lien against Maykol Calderon in Case No. CESD20110009230. The lien was recorded in the Official Public Records on March 8, 2012, at O.R. Book 4772, Page 1119 and it encumbers all real and personal property owned by Maykol Calderon. The accrued lien amount of $247,080.57 is based on 1,235 days of accrued fines ($200 per day from December 19, 2011 through May 6, 2015), plus operational costs of $80.57. The property was brought into compliance on May 6, 2015. Maykol Calderon acquired this property via Warranty Deed recorded on May 31, 2005. He was not aware of the permitting issues at the time of this purchase. He is unemployed and going through a short sale at this time, and has encountered financial hardship in bringing the home into compliance, as evidenced by the attached hardship letter. Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when full payment of a code enforcement lien would impose a financial hardship on the property owner. Fines accrued by an existing owner may be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The new owner has been actively maintaining the property and has paid $530.57 in settlement of the outstanding lien. The owner is requesting waiver of $246,550 in accrued fines. FISCAL IMPACT: Payment of $530.57 has been made, representing $450 in accrued fines and $80.57 in operational costs. If approved by the Board, accrued fines in the amount of $246,550 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 [I 5-CED-01 042/1199268/1 ] Packet Page -794- 9/8/2015 16.A.29. RECOMMENDATION: That the Board waive the accrued fines in the amount of $246,550, accept payment in the amount of $80.57, 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: Jeff Wright, Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien, 2) Lien Order and 3) Hardship letter [I 5-CED-01 042/1199268/1] Packet Page -795- 9/8/2015 16.A.29. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.29. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $247,080.57 for payment of $530.57, in the code enforcement action entitled Board of County Commissioners v. Maykol Calderon, Code Enforcement Board Case No. CESD20110009230, relating to property located at 1281 27th Street SW, Collier County, Florida. Meeting Date: 9/8/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 7/31/2015 12:39:23 PM Approved By Name: WrightJeff Title: Division Director - Code Enforcement, Growth Management Department Date: 7/31/2015 2:01:33 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/13/2015 2:32:05 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/13/2015 2:35:42 PM Name: WilkisonDavid Date: 8/14/2015 3:11:45 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/17/2015 8:57:57 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/17/2015 9:42:56 AM Packet Page -796- Name: IsacksonMark 9/8/2015 16.A.29. Title: Division Director - Corp Fin & Mgmt Svc, Office of Date: 8/18/2015 10:02:49 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/19/2015 4:15:01 PM Packet Page -797- 9/8/2015 16.A.29. This Instrument Prepared By: Jeff Wright Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 RELEASE AND SATISFACTION OF LIENS 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: Maykol Calderon Respondent The lien was recorded on March 8, 2012, in Official Records Book 4772, Page 1119, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirteen thousand four hundred eighty dollars and fifty -seven cents ($13,480.57), 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 liens cease to exist. ATTEST DWIGHT E. BROCK, Clerk go Deputy Clerk Date: Approved as to form and legality Kevin Noell Assistant County Attorney CESD2011 D009230 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tim Nance, Chairman Date: Packet Page -798- INSTR 4666233 OR 4772 PG 1119 RECORDED 3%8/2012 11:07 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, VS. MAYKOL CALDERON, Respondent CESD20110009230 ORDER IMPOSING FTNE/LTENS THIS CAUSE came on for public Respondent at which time the Board heard and Conclusions of Law and thereupon issi and ftmtished to Respondent and was recpi 1084, et. seq. on December 8, 2011. % An Affidavit of Non -Compl January 3, 2012, which Affidavit cer ordered. Accordingly, it having been it Order dated November 22, 2011, it is' 9/8/2015 16.A.29. e wds?n November 18, 2011, after due notice to �ta8 th�ce �f evidence, and issued its Findings of Fact rder whit ' 4s' ei '-ced to writing on November 22, 2011, Public Records of &Iii c"County, Florida at OR 4744, PG been fitad witittthe Board by the, lCod+ r' tNZ ►a th e atrcdPcotte I�"tve act i V/ e fif'I j e 9s n thlt6li!cspoiide i Enforcement Official on )n has not been taken as has not complied with the ORDERED, that the Respondisitttrykol Calderon, pay i"'C- 11ior lrputiity fines in the amount of $13,400 (Order Items 1 & 2) at a rate of $200 /day�-1he period of December t T, 20liLftough February 23, 2012 (67 days), plus operational costs of $80.57, for a total'gft5,1 ,- 4SQ.57. IT IS FURTHER ORDERED that the fines an�arnd`costs shall continue to accrue until Respondent comes 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. Fil- iin�gg an Appeal shall not stay the Board's Order. DONE AND ORDERED this day ofd , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD 1:0itnw of WLLMR I HEREBY• CERMY TUAT�t Is v t-,uQ WA Naples, :orrectopy;pt;clocum0rit =an iris m Board Minut6s anc}'Racort2s of Coder Cbtr* N T ESS'. -Mv •hah'a,itia o MIR) seat UTW ffty.ot �2.- :DWIGHT F 8A !G#.€RK OF COUM Packet Page -799- f Vi - Chair Horseshoe Drive 34104 * ** OR 4772 PG 1120 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this_ day of- �'>:�4.3G� 2012, by Robert Kaufman, Vice Chair o ,f,Ke Code Enforcement Board of Collier County, F a who is personally known to me or who has produced a Florida Driver's �Licens identifica i x_. OfXWL tlPB'q NOTARY PUBLIC Mrcoe�ss�er+tEEtcztso •, R .Na4w bar 22 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct co t: Calderon, 4461 Pine Ridge Road, Naples, FL 34j4 i 4 /7 . Jean Ra, r--- -- ii)rida Bar `,�., ; _ -~'• rte, Packet Page -800- 9/8/2015 16.A.29. been sent by U. S. Mail to Maykol -.20112). frail, Ste. 208 ` . ° - May 6,2015 To whom it may concern: 9/8/2015 16.A.29. This letter is to advise you ofmy situation. | was asked to submit prove ofmyhardship and why |cannot pay the fees asked by the county to resolve this permit situation. | purchased the home with these current open permits which were not addressed at the time of closing and were not informed of it either. |amcurrently unemployed and ina short sale process which | will not receive a dime ofb and this is exactly why I cannot afford this debt. I am submitting a letter from my mortgage company stating such delinquency on my loan account. I am currently in a critical hardship situation and will not be able to close the real estate transaction unless this is taken care of. Should you have any additional questions question please do not hesitate to contact me at the number Best Regards, �� L/ /`~/ / Navko|[alderon ' 12 o 7 L-c" ' � �� C///. � ~, ^ Packet Page -801-