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Agenda 09/22/2015 Item #16A11 9/22/2015 16.A.11 . EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a combined accrued value of $146,263.99 for payment of $364.14, in the code enforcement action entitled Board of County Commissioners v. Frank Fernandez, Code Enforcement Board Case No. 2006120290, relating to vacant parcel(Folio No.39658240005),located in Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with a combined accrued value of$146,263.99, for payment of$364.14, in relation to Code Enforcement Board Case No. 2006120290. CONSIDERATIONS: As a result of various code violations at a vacant parcel (Folio No. 39658240005), for vegetation removal on an undeveloped property without obtaining the proper permits, the Code Enforcement Board ordered the imposition of a lien against Frank Fernandez in Case No. 2006120290. The lien was recorded in the Official Records on July 7, 2008, at O.R. Book 4376, Page 0281, and it encumbers all real and personal property owned by Frank Fernandez. The lien amount of$146,263.99 is based on 729 days of accrued fines ($200 per day from April 27, 2008 through April 26, 2010) plus $463.99 in operational costs. The property was brought into compliance on April 26, 2010. The property was acquired by Gustavo Silva and Luis Martinez, via tax certificate recorded on September 25, 2013. The Division received $1,936.67 from this tax deed of which $549.85 was previously applied to Case No. 2006120290. The property was then purchased by MFT Realty Corp. on July 21, 2015. 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 $364.14. The owner is requesting a waiver of$145,899.85 in accrued fines. FISCAL IMPACT: Payment of$364.14 has been made, representing $450 in fines, $463.99 in operational costs and less $549.85 received from the tax deed sale. If approved by the Board, accrued fines in the amount of$145,899.85 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. KLN RECOMMENDATION: That the Board waive the fines in the amount of$145.899.85, accept payment amount of $364.14, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Packet Page -642- 9/22/2015 16.A.11 . Prepared by: Jeff Wright, Division Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien and 2) Lien Order Packet Page -643- 9/22/2015 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 a combined accrued value of$146,263.99 for payment of$364.14, in the code enforcement action entitled Board of County Commissioners v. Frank Fernandez, Code Enforcement Board Case No. 2006120290, relating to vacant parcel (Folio No. 39658240005), located in Collier County, Florida. Meeting Date: 9/22/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 8/24/2015 4:19:19 PM Approved By Name: WrightJeff Title: Division Director-Code Enforcement. Growth Management Department Date: 8/26/2015 10:57:07 AM Name: PuigJudy Title: Operations Analyst. Growth Management Department Date: 8/27/2015 3:48:34 PM Name: Puigiudy Title: Operations Analyst, Growth Management Department Date: 8/27/2015 3:49:00 PM Name:NoellKevin Title: Assistant County Attorney. CAO General Services Date: 8/27/2015 3:53:06 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 8/31/2015 9:01:22 AM Name: KlatzkowJeff Packet Page -644- 9/22/2015 16.A.11. Title: County Attorney, Date: 8/31/2015 10:39:54 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/3/2015 10:52:59 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/8/2015 1:28:57 PM Packet Page -645- 9/22/2015 16.A.11 . This Instrument Prepared By: Jeff Wright Code Enforcement Division 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: Frank Fernandez Respondent The lien was recorded on July 7, 2008, in Official Records Book 4376, Page 0281, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of four thousand sixty-three dollars and ninety-nine cents ($4,063.99), 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 Date: Date: Approved as to form and legality Kevin Noeli Assistant County Attorney 2006120290 Packet Page -646- 9/22/2015 16.A.11 . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, N r COLLIER COUNTY,FLORIDA, MI 00 C-• F • 9O M •• O W MO My 70 MI MI Petitioner, CEB NO.2006120290 0 ; o xS. °° ca y w FRANK FERNANDEZ, o o A, Respondent 01 ORDER IMPOSING FINE/LIEN ° r; 0 a ao THIS CAUSE came on for public hearing before the Board on March 27,2008,after due notice to o ° s4=1. Respondent at which time the Board heard testimonvyut�Ieroat}� ceived evidence,and issued its Findings of Fact su es w and Conclusions of Law and thereupon issued itstraFiva seduced to writing on April 2,2008 and o rn furnished to Respondent and was recordedrin e-Public Records of Co)}tetr-°ounty, Florida at OR 4352, PG 1976, et. seq. on April 23,2008. j r r. Pc, CI be tC An Affidavit of Non-Comp(lance has beenaltd.,wfth the Board by th'e Code Enforcement Official on May 6, 2008,which Affidavit certified under thfthaJ{ter'ecluirrdcc ec i e cFtonthas not been taken as ordered. --3 . r, o p'1 Accordingly, it having been broVught_to Me Board' fattent on that Respondent has not complied with the ,; o Me .� Order dated April 2,2008, it is hereby': " D. N. ORDERED, that the Respondent;prank Fernandez,pay t"illier CoUrt><y fines in the amount of$3,600 for o env o. , the period of April 27, 2008 through May`l 5 0OS(18 days)at a rate o?S C18 er day, plus$463.99 for the -a co operational costs incurred in the prosecution'ofd'htscase-far-a-tota1`ofS4 63.99. .01 IT IS FURTHER ORDERED that the finesard peiatlOnai"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 eae 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 and'or any other real or personal property owned by Respondent. Packet Page -647- 9/22/2015 16.A.11 . DONE AND ORDERED this I ST day of. ,2008 at Collier County,Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA / ,/ BY: I / erald LeFebvre, air 2800 North Horse oe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of -^�--t-,2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/'who has produced a Florida Drivers-1;e i :i: +catiin. r " �alsTtNEttot r ,i. -�NO . `ptiBLIC '� . ICY COMMISSION DD 68E535 j' My comite ssion expires: :�; EXPIRES:June 18,2011 , tf '+• Ba.t.d Ttvu NOW9 P�klb lkrarmmaa / / —— 1 CD ►mss 'DTI F;I��A -,1Z81t= c- w I/ �\ir �\ , t ;-ti \ t 1 /t 1 �� n 1 it I HEREBY CERTIFY that a true and cdrreet cop} of fh'OR ER has been sent by U. S. M it to Frank �_ Fernandez, 17150 Collins Avenue,`11I1 Zlirir Lssattalf�Floric# i3�60 this S day of G> 2008. '" ,z: - - � ,, .- O ,,,,, ,, W j AO x- ._L- -)vt-.1ean :rwson, Esq. Florida Bar No. 7.50311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 ttsta eiMa '.ti,>r � Naples, Florida 34102 :ounty of COWER (239) 263-8206 I HEREBY CERTIFY THAT this 1s s WINO :orract cooy of a oo m �uent on file In Hoard Minutes .4�� e OroT;of Collier County MESS mYy� - • w. c ffl .,k 4 this clay :49 U p 41N!'{OHT) Rat.K, CLERK OF_COURTS IN 111—•• ,`''- A.r - -- - 606 ,. ..tier - ©. .di Packet Page -648-