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Agenda 02/25/2014 Item #16A122/25/2014 16.A.12. EXECUTIVE SUMMARY Recommendation to approve two releases of lien — (1) in the accrued amount of $40,290.43 for payment of $3,740.43, in Special Magistrate Case No. CEPM20110011.365; and (2) in the amount of $1,912.29 for payment of $112.29, in Special Magistrate Case No. CENA20110011385, both actions entitled Board of County Commissioners v. Urmas A. Kask and Robert Schultz, relating to property located at 121 Doral Circle, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board), accept an offer to release two code enforcement liens in the combined accrued amount of $42,202.72, for payment of $3,852.72, in Special Magistrate Case Numbers CEPM20110011365 and CENA20110011385, both entitled Board of County Commissioners v. Urmas A. Kask and Robert Schultz. CONSIDERATIONS: As a result of code violations at 121 Doral Circle, the Code Enforcement Special Magistrate ordered the imposition of liens against Urmas A. Kask and Robert Schultz, in Case Numbers CEPM20110011365 and CENA20110011385. Both liens were recorded in the Official Public Records on April 24, 2012 — the first at O.R. Book 4789, Page 1090 in the amount of $40,290.43, and the second in O.R. Book 4789, Page 1104 in the amount of $1,912.29. These liens encumber all property owned by Unnas A. Kask and Robert Schultz. The first lien amount of $40,290.43 is based on accrued fines (74 days at a combined $500 per day), plus $3,290.43 in costs ($112.38 in operational costs, and $3,178.05 in abatement costs). The violations consist of a pool with green stagnant water, pool enclosure screens in state of disrepair, tall weeds, grass and mold in enclosure area on the property. The second lien amount of $1,912.29 is based on accrued fines for the non - compliance period of 18 days ($100 per day), plus $112.29 in operational costs. The violation consists of weeds and grass in excess of 18 inches tall in rear, side, and pool lanai area on the property. Urmas A. Kask and Robert Schultz owned the property during this time. The property was brought into compliance by the County on December 27, 2011. A Certificate of Title was recorded in favor of Wells Fargo Bank, NA on July 9, 2013. Pursuant to Resolution No. 2012 -46, a request for waiver of fines would be considered when a code enforcement lien encumbers property that is under new ownership, fines accrued prior to transfer of title, and compliance has been achieved. In this case, both violations were abated prior to transfer of title. The property is in compliance and an amount of $3,852.72 has been paid. This amount represents $450.00 in fines and $3,178.05 in abatement costs for both cases. Wells Fargo is requesting a waiver of $38,350.00 in accrued fines. FISCAL IMPACT: Payment of $3,852.72 has been paid, representing all County costs (total of $3,402.72) plus $450 in fines, in Case Numbers CEPM20110011365 and CENA20110011385. If approved by the Board, accrued fines in the amount of $38,350.00 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -390- 2/25/2014 16.A.12. 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 $38,350.00, accept payment of $3,852.72 and release the liens, and also authorize the Chairman to sign the attached lien releases. Prepared by: Jeff Wright, Director, Code Enforcement Department Attachments: Release and satisfaction of liens (2) Packet Page -391- 2/25/2014 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to approve two releases of lien - (1) in the accrued amount of $40,290.43 for payment of $3,740.43, in Special Magistrate Case No. CEPM20110011365; and (2) in the amount of $1,912.29 for payment of $112.29, in Special Magistrate Case No. CENA20110011385, both actions entitled Board of County Commissioners v. Urmas A. Kask and Robert Schultz, relating to property located at 121 Doral Circle, Collier County, Florida. Meeting Date: 2/25/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 1/24/2014 2:00:42 PM Approved By Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/24/2014 2:49:15 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/30/2014 10:13:24 AM Name: NoellKevin Title: Attorney of Record (CAO) Date: 1/30/2014 2:39:01 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 1/30/2014 4:04:49 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 11:16:02 AM Packet Page -392- 2/25/2014 16.A.12. Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 2/10/2014 11:08:18 AM Packet Page -393- 2/25/2014 16.A.12. This Instrument Prepared By: Jeff E. 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: Kask A. Urmas and Robert Schultz Respondent The lien was recorded on April 24, 2012, in Official Records Book 4789, Page 1090, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Forty Thousand Two Hundred Ninety Dollars and Forty -Three Cents ($40,290.43), 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 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noel[ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -394- 2/25/2014 16.A.12. This Instrument Prepared By: Jeff E. 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: Kask A. Urmas and Robert Schultz Respondent The lien was recorded on April 24, 2012, in Official Records Book 4789, Page 1104, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Thousand Nine Hundred Twelve Dollars and Twenty -Nine Cents ($1,912.29), 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 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -395-