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Agenda 11/10/2015 Item #16A21 11/10/2015 16.A.21 . EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $91,809.89 for payment of $2,259.89, in the code enforcement action entitled Board of County Commissioners v. Morad Bahrami, Code Enforcement Special Magistrate Case No. CEPM20110002763, relating to property located at 841 Bluebird Street, 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$91,809.89, for payment of$2,259.89, in relation to Code Enforcement Special Magistrate Case No. CEPM20110002763. CONSIDERATIONS: As a result of various code violations at 841 Bluebird Street, consisting of black mold on the exterior of the home and torn screens on the lanai, the Code Enforcement Special Magistrate ordered the imposition of a lien against Morad Bahrami, in Case No. CEPM201 10002763. The lien was recorded in the Official Records on July 20, 2012, at O.R. Book 4818, Page 3947, and it encumbers all real and personal property owned by Morad Bahrami. The lien amount of$91,809.89 is based on 360 days of accrued fines ($250 per day from May 11, 2011 through May 4, 2012) plus $112.56 in operational costs and $1,697.33 in abatement costs. The property was brought into compliance on May 4, 2012. Following a foreclosure eliminating the County's liens, (Case No. 2012-CA-3512), the property was acquired by Bluebird Trust, via a certificate of title which was recorded September 3, 2014. 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 $2,259.89. The owner is requesting a waiver of$89,550 in accrued fines. FISCAL IMPACT: Payment of$2,259.89 has been made, representing $450 in fines, $112.56 in operational costs and $1,697.33 in abatement costs. If approved by the Board, accrued fines in the amount of$89,550 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 RECOMMENDATION: That the Board waive the fines in the amount of $89,550, accept payment amount of$2,259.89, 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: Marlene Serrano, Operations Manager, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2)Lien Order [1 5-CED-01064/1215746/1] Packet Page-656- 11/10/2015 16.A.21 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.21. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$91,809.89 for payment of$2,259.89, in the code enforcement action entitled Board of County Commissioners v. Morad Bahrami, Code Enforcement Special Magistrate Case No. CEPM20110002763, relating to property located at 841 Bluebird Street, Collier County, Florida. Meeting Date: 11/10/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 10/14/2015 11:55:40 AM Approved By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement Date: 10/14/2015 12:09:05 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/16/2015 3:31:53 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/16/2015 3:32:42 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 10/19/2015 8:30:16 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/19/2015 10:05:34 AM Name: KlatzkowJeff Packet Page-657- 11/10/2015 16.A.21. Title: County Attorney, Date: 10/19/2015 2:16:57 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 10/23/2015 9:01:40 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/28/2015 2:27:47 PM Packet Page-658- 11/10/2015 16.A.21 . 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 COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and OF CO C 9 personal property owned by: Morad Bahrami, Respondent The lien was recorded on July 20, 2012, in Official Records Book 4818, Page 3947, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of ninety- one thousand eight hundred nine dollars and eighty-nine cents ($91,809.89), 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 CEPM20110002763 Packet Page-659- INSTR 4720114 OR 4818 PG 3947 RECORDED 7/20/2012 3:57 PM PAGES 2 11/10/2015 16.A.21. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM201 10002763 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MORAD BAHRAMI, Respondent. _,...- N ORDER'OF-T-IE-SPECIAL MAGISTRATE / / INIPOSING-.FINES/LIENS'\ \ i THIS CAUSE came;before hey' p ci41 Ihgatratekfforjptibliel hearing upon the Petitioner's Motion for Imposition of Fine�C� s hn ji i 0)2 and the Sp eial Magistrate,having heard argument respective to all appropriate matte e euu`son'issuerlts Fttrtting ' (,'Fact and Order of the Special Magistrate,as follows: .rN ,. • \FINDINGS OF FACT/.. On May 3,2011,Respondent ii as fou-'d ut zy oia1ion of Collier County Code of Laws and Ordinances,Chapter 22,Buildings iid- 11 dlii�egulations,Article VI,Property Maintenance Code,Section 22-231(12)(m),and Section 22-131 (12)(1)for black mold on the exterior of the home and torn screens on the lanai,which violation occurred on the property located at 841 Bluebird Street,Naples,FL Folio#32454040007(Legal Description: FLAMINGO EST BLK E LOT 22). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 10,2011,or a fine of S250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4681, PG 2197). 3. Operational costs of SI 12.56 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing,and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of May 4,2012. Packet Page -660- *** OR 4818 PG 3948 *¢* 11/10/2015 16.A.21. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.2010-04,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of S250.00 per day are assessed against Respondent for 360 days for the period from May 11,2011 to May 4,2012, for a total amount of fines of$90,000.00. C. Respondent shall pay the previously assessed operational costs of$1 12.56. D. Respondent shall pay the costs of abatement incurred by the county in the amount of 51,697.33. E. Respondent is ordered to pay fines and costs in the total amount of S91,809.89 or be subject to Notice of Assessment of Lien against,a ropertiesowned by Respondent in Collier County, Florida. • t c oL DONE AND ORDERED this/ M da3'of, U T " 2012.at Collier County,Florida. r _ _l t s l �„\ C3L 1ER COtN f ODE ENFORCEMENT `--° —SPEmL h'6C1STaATE (j` 's 0 N.:'DA C.GA• • 'ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. :.a', u, . L' .nlVh cc: Respondent—Morad Bahrami 'aunty Of COI.!1tH Collier Co.Code Enforcement Dept. ,0.1TV wr. i HEREBY C£lT l.EY-THAT'thts Is a true ant :orrect cony o`.r'a t it etn on the in 3oard_'Ml�ip?s'g,'s and Rscortasfof:Coilier Cotttl ' t 3ESS?n' thi�nqq and official suet this as �} S'.Itittf , 2C�f • . ?WIGHT L. CLERK OF r+ RT$ Y,, Jt -' r i/ ` Packet Page-661-