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Agenda 04/08/2014 Item #16A124/8/2014 16.A.12. EXECUTIVE SUMMARY Recommendation to approve a release of lien with an accrued value of $96,412.56 for payment of $11,812.56, in the Code Enforcement Action entitled Board of County Commissioners v. Sandra L. Castro, et al., Special Magistrate Case No. CESD20100003742, relating to property located at 3950 31st Avenue NE, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of $96,412.56, for payment of $11,812.56, in relation to Special Magistrate Case No. CESD20100003742. CONSIDERATIONS: As a result of a code violation (for unpernitted fence and structures) at 3950 31st Avenue NE, the Special Magistrate ordered the imposition of a lien against Sandra L. Castro, in Special Magistrate Case No. CESD20100003742. This lien was recorded on August 19, 2011, at O.R. Book 4712, Page 457, and it encumbers all property owned by Sandra L. Castro. The lien amount of $96,412.56 is based on accrued fines of $96,300 (963 days at $100 per day, from June 4, 2011 through January 21, 2014), plus $112.56 in operational costs. Following a foreclosure. a certificate of title was recorded on August 27,. 2013 in favor of the Bank of New York Mellon. The property was brought into compliance on January 21, 2104. 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. In these cases, as long as compliance has occurred, fines that accrued prior to transfer of title, plus 30 days after transfer of title, can be considered for waiver. The property is in compliance, is being actively maintained, and an amount of $11,812.56 has been paid by the new owner. This amount represents $112.56 in operational costs and $11.700.00 in accrued fines (representing post - acquisition fines of $100 for 117 days). The new owner is requesting a waiver of $84,600.00 in accrued fines. FISCAL IMPACT: Payment of $l 1,812.56 has been paid, representing the County's hard costs ($112.56), plus $11.700.00 in accrued fines. If approved by the Board, accrued fines in the amount of $84.600.00 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 $84,600.00, accept payment of $11.812.56 and release the lien, and also authorize the Chair to sign the attached lien release. Packet Page -727- 4/8/2014 16.A.12. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Release and satisfaction of lien Packet Page -728- 4/8/2014 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to approve a release of lien with an accrued value of $96,412.56 for payment of $11,812.56, in the Code Enforcement Action entitled Board of County Commissioners v. Sandra L. Castro, et al., Special Magistrate Case No. CESD20100003742, relating to property located at 3950 31st Avenue NE, Collier County, Florida. Meeting Date: 4/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 3/12/2014 4:09:00 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 3/12/2014 4:43:55 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 3/13/2014 4:55:53 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 3/18/2014 4:56:27 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 3/25/2014 9:17:15 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/25/2014 1:41:16 PM Name: IsacksonMark Packet Page -729- 4/8/2014 16.A.12. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/25/2014 2:40:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 8:23:49 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 3/31/2014 9:12:35 AM Packet Page -730- 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s certain lien against all real and personal property owned by Sandra L. Castro Respondent 4/8/2014 16.A. 12. the BOARD OF COUNTY the owner and holder of a The lien was recorded on August 19, 2011, in Official Records Book 4712, Page 457, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Six Thousand Four Hundred Twelve Dollars and Fifty -Six Cents ($6,412.56), 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 -731-