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Agenda 10/27/2015 Item #16A 8 10/27/2015 16.A.8. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $231,800 for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Kimberly M. Fry, Code Enforcement Board Case No. CESD20110003169, relating to property located at 6025 English Oaks Lane, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of $231,800, for payment of $450, in relation to Code Enforcement Board Case No. CESD20110003169. CONSIDERATIONS: As a result of code violations at 6025 English Oaks Ln., which consisted of the conversion of the downstairs utility room into a living space and an addition of a room on the upstairs deck without first obtaining the required Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Kimberly M. Fry, in Case No. CESD20110003169. The lien was recorded in the Official Records on August 10, 2012, at O.R. Book 4825, Page 835, and it encumbers all real and personal property owned by Kimberly M. Fry. The lien amount of$231,800 is based on 1,159 days of accrued fines ($200 per day from June 23, 2012 through August 25, 2015). The property was brought into compliance on August 25, 2015. The property was acquired by James H. and Lisha M. Middendorf via warranty deed on August 4, 2015. The new owners worked diligently to get the property into compliance and accomplished this within the 30 days grace period. 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 $450. The owner is requesting a waiver of$231,350 in accrued fines. FISCAL IMPACT: Payment of $450 has been made and if approved by the Board, accrued fines in the amount of$231,350 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$231,350, accept settlement payment amount of$450, release the lien, and authorizes the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. [15-CED-01 061/1 2 1 1 1 44/1] Packet Page-461- 10/27/2015 16.A.8. Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order [15-CED-01 06 1/1 2 1 1 1 44/11 Packet Page-462- 10/27/2015 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$231,800 for payment of$450, in the code enforcement action entitled Board of County Commissioners v. Kimberly M. Fry, Code Enforcement Board Case No. CESD20110003169, relating to property located at 6025 English Oaks Ln., Collier County, Florida. Meeting Date: 10/27/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 9/24/2015 11:13:17 AM Approved By Name: SerranoMarlene Title:Manager-Code Enforcement Operations, Growth Management Department Date: 9/24/2015 1:12:01 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/25/2015 1:44:42 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/25/2015 1:45:06 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 9/25/2015 3:59:00 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/28/2015 12:26:26 PM Name: KlatzkowJeff Packet Page-463- 10/27/2015 16.A.8. Title: County Attorney, Date: 9/28/2015 1:09:40 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 10/12/2015 10:05:34 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/13/2015 2:43:43 PM Packet Page-464- 10/27/2015 16.A.8. 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: Kimberly M. Fry, Respondent The lien was recorded on August 10, 2012, in Official Records Book 4825, Page 835, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand eight hundred dollars and zero cents ($6,800), 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 Noell Assistant County Attorney CESD20110003169 Packet Page -465- INSTR 4727291 OR 4825 PG 835 RECORDED 8/10/2012 10:56 AM PAGES 2 10/27/2015 16.A.8. 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, CESD20I 1 0003169 vs. KIMBERLY M.FRY, Respondent ORDER IMPOSiJV&-F.NNE/LIEN THIS CAUSE came on for public tetri"z?g fore—th n.June 23,2011,after due notice to Respondent at which time the Board he (e'3ony under oath,receive evidence,and issued its Findings of Fact and Conclusions of Law and thereupoF�'issued its oral Order which was r duced to writing on June 27,2011 and furnished to Respondent and was recdrdedin:the-Public Records ofCoUier1Courity,Florida at OR 4698,PG 1356 on July 6,201 1 and furnished to Res�ppondent.I4t'-Qrde r��QQvered the real pro erty,located at 6025 English Oaks Lane,Naples,Florida,Folio 41883,680044,.iiorc pagt'i\Iaz�deseci East 75 feet of the West 150 feet of Tract 61,GOLDEN GATE ESTATES,f f� n t 1 d.t 96 accoilii ,t�t 4e lie��e reof,is recorded in Plat Book 7,Page 94 of the Public Records of Collier County,Flortda4 ; { I An Affidavit of Non-Con jjattceiias-beef filed Bow the. 'ode Enforcement Official on July 17,2012,which Affidavit certified under,oath that the required ctirrectiJe acfiod has not been taken as ordered. Accordingly,it havine been\bt'ought to the Board's attention that cspdndent has not complied with the Order dated June 27,2011,it is hereby' r" ' � r �� ORDERED,that the Respondent kt1uibe]s'N..Ery,pay-lbG.0 County fines in the amount of S6,800.00 (Order Item I and 2)for the period of June 23,"20;12rt itloag.Ts 1v-26,2012(34 days)at$200 per day. The operational costs have been paid. IT IS FURTHER ORDERED that the fines 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. 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 andJor any other real or personal property owned by Respondent. DONE AND ORDERED this s' day of (L ,2012 at Collier County,Florida. Jta!r O: c v.rciiaA CODE ENFORCEMENT BOARD ;aunty of COLL1tF! COL F' COUNTY,FLORIDA I HEREBY CERTIFY••TAT,thts Is a true and -1 .�- :orrecL co y.Ot a ooYUTnEttf on Me In *am.- Board Minote."s"and R p'►a -ot Coiner county 2800' Kaufrj{an, chair 2800\No ars-shoe Drive J+riTP4 $, "m4.;tian0 and—e fC 3i aco!fhl$ N for... 34104 Z WI E BROLK,.put(OF coin '14 10410 Packet Page -466- *** OR 4825 PG 836 *** 10/27/2015 16.A.8. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) , The foregoing instrument was acknowledged d owledged before me this( day oft�Ll.L.✓Z ,2012,by Robert Kaufman,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. KRISIINE TWENIE ,r k :c*, d:Ey 7lk,'ff.,..,,Qt/ 8.,,,,,d In,m.lb.Naltoral Notary Asso. Commssion+ EE NOTARY PUBLIC My commission expires: CERT-tth ATT 5j$ RyICE /"-•;. \-,1 r t1 ; I HEREBY CERTIFY that a true�atld,cotrect copy-of-this' opy o.tthis-C B has been sent by U.S.Mail to Kimberly M.Fry,6025 English Oaks.l:a�ie,.Naples,FL 34119 this ,,I 'day of r ...-I,,, ,2012. i; rr ,�_._._�.._j—t \� `�� J f j -. '` 4 ;r I (�<-(�j } '\ 1 1..M,IJaun t': 'son Esq. 1� i r t, l t i ;fori Bar NO.75Q311 ----2 `\--' i Atto ey-fbr t6 de Enforcement Board 68,1 Goodlede:R`:;Ste.210 . \ ?+. les,;'Florier 34102 (239}263 yD6' i .,(:://'.';':',,--..._ -'a � r Packet Page -467-