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Agenda 01/14/2014 Item # 16A 9 1/14/2014 16.A.9. EXECUTIVE SUMMARY Recommendation to approve a partial release of lien, in the Code Enforcement Action entitled Board of County Commissioners vs. Curtis D. and Brenda Blocker, Code Enforcement Board Case No. CEB 2005-35, relating to release of three condominium units located at the Port of the Islands Resort,in Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to partially release a code enforcement lien with an accrued value of$709,064.36, for payment of$450, in relation to Code Enforcement Board Case No. CEB 2005-35. CONSIDERATIONS: As a result of a code violations at 511 New Market Road East, Immokalee, the Code Enforcement Board ordered the imposition of a lien against Curtis D. and Brenda Blocker (Respondents), in Case Number 2005-35. The lien was recorded in the Official Public Records on March 30, 2007, at O.R. Book 4205, Page 0799, and it encumbers all real property owned by either Respondent at the time of imposition. The accrued amount of $709,064.36 is based on fines for the non-compliance period of 2,834 days at $250 per day ($708,500), plus operational costs ($564.36), pertaining to increased density at their Immokalee mobile home park without first obtaining appropriate building permits. Because the mobile home park at issue falls under an ongoing review of mobile home parks in Immokalee, compliance options for the underlying code violations are still being considered. Because the lien encumbers all real property owned by the Respondents, the lien also encumbers three condominium units at the Port of the Islands Resort, which are either owned by the Respondents, or were owned by the Respondents on the date of lien imposition. This partial release recommendation relates only to the three condominium units at the Port of the Islands Resort. There are no known outstanding code violations at the three condominium properties. This partial release will accommodate ongoing review of compliance options for this and other Immokalee mobile home parks, while allowing free alienation of compliant properties encumbered by the liens resulting from the mobile home park violations. FISCAL IMPACT: Respondents have agreed to pay $450, representing fines, which is consistent with historical practice. Operational costs of$564.36 will continue to encumber the Respondents' property, and would be addressed as part of any resolution of the Immokalee mobile home park issues. Although three condominium properties will be released from the lien, the lien will continue to encumber all real and personal property owned by the Respondents, including the Immokalee mobile home property that is the source of the lien. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved it as to form and legality, and requires majority support for approval. -JAK Packet Page -464- 1/14/2014 16.A.9. RECOMMENDATION: That the Board partially release the lien as to the three condominium units listed above, and authorize the Chairwoman to sign the attached Partial Release of Lien. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Partial Release of Lien Packet Page -465- 1/14/2014 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve a partial release of lien, in the Code Enforcement Action entitled Board of County Commissioners vs. Curtis D. and Brenda Blocker, Code Enforcement Board Case No. CEB 2005-35, relating to release of three condominium units located at the Port of the Islands Resort, in Collier County, Florida. Meeting Date: 1/14/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 1/7/2014 10:05:59 AM Approved By r Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/7/2014 10:25:53 AM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 1/7/2014 1:03:07 PM Name: KlatzkowJeff Title: County Attorney Date: 1/7/2014 2:22:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/8/2014 10:06:54 AM Name: KlatzkowJeff Title: County Attorney Date: 1/8/2014 11:17:23 AM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -466-