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Agenda 02/11/2014 Item #16A2 2/11/2014 16.A.2. EXECUTIVE SUMMARY Recommendation to approve a release of lien in the accrued amount of$166,583.43 for payment of $39,583.43, in the Code Enforcement Action entitled Board of County Commissioners vs. Senen Lugo, Code Enforcement Board Case No. CESD20090019403, relating to property located at 4287 12th Ave NE, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $166,583.43 code enforcement lien, for payment of$39,583.43, in relation to Code Enforcement Board Case No. CESD20090019403. CONSIDERATIONS: As a result of code violations at 4287 12th Ave. NE,the Code Enforcement Board ordered the imposition of a lien against the owners Senen Lugo in Code Enforcement Case Number CESD20090019403. The lien was recorded in the Official Public Records on June 8, 2011, at O.R. Book 4690, Page 254, and it encumbers all real property owned by Senen Lugo. The accrued lien amount of $166,583.43 is based on operational costs ($83.43), plus accrued fines for the non-compliance period of 666 days at $250 per day ($166,500). The underlying violation was for unpermitted improvements to property and a fence with an expired building permit. A Certificate of Title was recorded to Federal National Mortgage Association (Fannie Mae) on June 19, 2012 and the property was brought into compliance on February 20, 2013 (approximately 247 days after acquisition). Pursuant to Resolution 2012-46, where a code enforcement lien encumbers property that is under new ownership, fines that accrued prior to transfer of title and thirty days following transfer of title would be considered for waiver as long as the new owner has diligently pursued abatement and compliance has been achieved. The property is in compliance and an amount of$39,583.43 has been paid, representing approximately 73%of the accrued post-acquisition fines, plus operational costs. FISCAL IMPACT: Payment of$39,583.43 represents the County's costs ($83.43) and fines ($39,500). If approved by the Board, accrued fines in the amount of$127,000 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$127,000, accept payment of $39,583.43 and release the lien, and also authorize the Chairman to sign the attached release of lien. Prepared By: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachment: Release and Satisfaction of Lien Packet Page-241- 2/11/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve a release of lien in the accrued amount of $166,583.43 for payment of$39,583.43, in the Code Enforcement Action entitled Board of County Commissioners vs. Senen Lugo, Code Enforcement Board Case No. CESD20090019403, relating to property located at 4287 12th Ave NE, Collier County, Florida. Meeting Date: 2/11/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 1/21/2014 8:10:07 AM Approved By Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/21/2014 11:39:12 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 1/22/2014 10:46:05 AM Name: NoellKevin Title: Attorney of Record (CAO) Date: 1/22/2014 10:56:38 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/30/2014 3:13:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 1:58:33 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Packet Page-242- 2/11/2014 16.A.2. Date: 1/31/2014 4:48:41 PM , Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 2/4/2014 6:18:00 AM Packet Page-243- 2/11/2014 16.A.2. This Instrument Prepared By: Jeff Wright Code Enforcement Department 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: Senen Lugo, Respondents The lien was recorded June 8, 2011 in Official Records Book 4690 Page 254, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seven thousand eight hundred thirty-three dollars and forty-three cents ($7,833.43), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. 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 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 Commissioner Tom Henning Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page-244-