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Agenda 05/13/2014 Item #16A 7 5/13/2014 16.A.7. EXECUTIVE SUMMARY Recommendation to approve a release of lien with an accrued value of$113,080.29, for payment of $530.29,in the code enforcement action entitled Board of County Commissioners v. Manuel Olvera, Code Enforcement Board Case No. CESD20110010712, relating to property located at 1823 43rd Street SW, 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$113,080.29, in Code Enforcement Board Case No. CESD20110010712, for payment of$530.29. CONSIDERATIONS: As a result of code violations at 1 823 43rd Street SW for an unpermitted re-roofing, and for unlawful conversion of a garage to living space, the Code Enforcement Board ordered the imposition of a lien against Manuel Olvera, in Case No. CESD20110010712. The lien was recorded on August 10, 2012, at O.R. Book 4825, Page 839, and it encumbers all real and personal property owned by Mr. Olvera. The lien amount of $113,080.29 is based on accrued fines of $113,000 ($250 per day, for 452 days, from June 23, 2012 to September 17, 2013), plus operational costs of$80.29. Mr. Olvera owned this property through July 9, 2013. Following a foreclosure (Case No. 09-5097-CA), a Certificate of Title was recorded on July 9, 2013 in favor of MFC Investments, LLC. The property was brought into compliance by MFC Investments, LLC on September 17, 2013. The County's lien was recorded after the lis pendens, making it unenforceable against as to 1823 43rd Street SW. 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. The lien instrument has been foreclosed with respect to the property containing the violation, and is therefore unenforceable against same. The property is in compliance, is being actively maintained, and an amount of $530.29 has been paid, representing $450.00 in fines and $80.29 in operational costs. The property owner is requesting a waiver of$112,550.00 in accrued fines. FISCAL IMPACT: Payment of $530.29 has been paid, representing $450.00 in fines and $80.29 in operational costs in relation to Code Enforcement Board Case No. CESD20110010712. If this item is approved, accrued fines of$1 12,550 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 fines in the amount of $112,500, accept payment of$530.29, and authorize the Chairman to sign the attached lien release. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachments: 1)Release and satisfaction of lien 2) Order imposing lien Packet Page-439- 5/13/2014 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Item Summary: Recommendation to approve a release of lien with an accrued value of $113,080.29, for payment of$530.29, in the code enforcement action entitled Board of County Commissioners v.Manuel Olvera, Code Enforcement Board Case No. CESD20110010712,relating to property located at 1823 43rd Street SW, Collier County,Florida. Meeting Date: 5/13/2014 Prepared By Name: MarleneSerrano Title: Manager-Code Enforcement Operations, Code Enforcement Approved By Name: puigj Title: Operations Analyst, Community Development&Environmental Services Date: 04/09/2014 02:15:22 PM Name:jeffwright Title: Director-Code Enforcement, Code Enforcement Date: 04/10/2014 01:18:52 PM Name: kevinnoell Title: Assistant County Attorney, CAO General Services Date: 04/10/2014 01:47:00 PM Name: marcellajeanne Title: Executive Secretary,Transportation Planning Date: 04/23/2014 07:45:13 AM Name: klatzkowjeff Title: County Attorney, Date: 04/24/2014 08:52:30 AM Name: markisackson Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 04/30/2014 03:52:05 PM Packet Page-440- 5/13/2014 16.A.7. Name: durham_t Title: Executive Manager of Corp Business Ops, Date: 05/01/2014 09:19:54 AM Packet Page-441- 5/13/2014 16.A.7. 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: Manuel Olvera Respondent The lien was recorded on August 10, 2012, in Official Records Book 4825, Page 839, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight thousand five hundred eighty dollars and twenty-nine cents ($8,580.29), 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 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 Tom Henning, Chairman Approved as to form and legality ' 7C)%74 Kevin Noell Assistant County Attorney Packet Page -442- 5/13/2014 16.A.7. INSTR 4727293 OR 4825 PG 839 RECORDED 8/10/2012 10:56 Art PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20I 100107 12 vs. MANUEL OLVERA, Respondent I R. R ":i:,i.;as.c IEN mar THIS CAUSE came on for public•.. i+� !..-•• , bruary 23,2012,after due notice to Respondent at which time the Board he--• ••ny under oat F dencc,and issued its Findings of Fact and Conclusions of Law and thereupo• t• • its oral Order which was duc •to writing on February 28,2012, and furnished to Respondent and • rec. • . ' • •ublic Rec. • of • tier County,Florida at OR 4772,PG 1310 on March 8,2012 and furnish' toe e •: • . 0 • 4.covere•the real property located at 1823 43' Street S.W.,Naples,FL,Folio 357 524U'E "la • , -_. — ,of I ,Block 45,GOLDEN GATE ESTATES,UNIT NO.2,according to rr�a• • p: ��- • .. n •tat ook 5,Pages 65 through 77 of the Public Records of Collier Comity,F,o •- � ' ) An Affidavit of Non-C 'I ^ • • B.„ Enforcement Official on June 25,2012 which Affidavit certified t ¢'ca th that the required c• ,dive ac ct not been taken as ordered. Accordingly,it having been if ».t to the Board's atten . spAndrnt has not complied with the Order dated February 28,2012,it is he �y l../ ORDERED,that the Respondent, ralt{l : : • Item ounty fines in the amount of$8,500.00 (Order Item 1 and 2)for the period of Junc 23,'. 2tt iut'T}t' .,• 112(34 days)at$250 per day plus$80.29 operational costs incurred for the imposition of fines, • . .. o $8,580.29. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of-the Board 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. Filing art Appeal shall not stay the Board's Order, This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this(i~ day o C t. ,2012 at Collier County,Florida. sts{+ 3: t a_•.kttsn CODE ENFORCEMENT BOARD ..ourtty at COLLkIiR,: C£} 1ER �O OR1DA I HEREBY,CERTIFYTHAT tin ieattuits B = � :watt coby ors air-uait3gt tin tie in f*o• Raul •n,C -%r Board MitYUtel and Redorh ConierOm 2800 h±a •ors Drive tT SS.mY ri 0 itirtti, ii clit set Naples, • on.a 34104 f 0 4 G. $RQCi1C,-'CLEitK a 03t!M1 ------ --Packet Page -443- _ __ __- ___- 5/13/2014 16.A.7. *'* OR 4825 PG 840 *"'* STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) _ The foregoing instrument was acknowledged before me this day of ri. ,2012,by Robert g° 8 8 Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is me or who has produced a Florida Driver's License as identification. personally known to o"'"'"'• KR'STINE TWERTE �/ _s,✓ w +' r` Notary Public•State of Ronda }' try Comte EsPuat Jun tE.20t5 , \ \∎..'a-C.�^hSi l,,f�.t,� L V.,-_-_"-,,, Commta:an r EE eT272 NOTARY PUBLIC '4't +' flooded Throw,to-•.:"rN.y assn My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct c.p of Ibis ORDER has been sent by U.S.Mail to Manuel Olvera,1823 43"'Street S.W.,Naples,FL 3411. 4._ of 2012. (-) r /I C7i � ; t1 • Je a-wson Es . I.I. 'cis 11 p$ rnOaTd r L .....____:,/,xv_ fir-, ci.0 Packet Page -444-