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Agenda 06/10/2014 Item #16A12 6/10/2014 16.A.12. EXECUTIVE SUMMARY Recommendation to approve a release of lien with an accrued value of$355,800 for payment of $450,in the code enforcement action entitled Board of County Commissioners v. Reinhard Marton, Code Enforcement Board Case No. CESD20080010163, relating to property located at 3107 Cottage Grove Avenue,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$355,800.00 for payment of$450.00, in relation to Code Enforcement Board Case No. CESD20080010163. CONSIDERATIONS: As a result of a code violation at 3107 Cottage Grove Avenue, consisting of demolition of a 30' x 10' structure and the rebuilding of a 15' x 10' structure in its place, without first obtaining required permits, inspections and a certificate of completion, the Code Enforcement Board ordered the imposition of a lien against the property owner, Reinhard Marton, in Case No. CESD20080010163. The lien was recorded in the Official Public Records on June 10,2009, at O.R. Book 4460,Page 2911, and it encumbers all real and personal property owned by Reinhard Marton. The lien amount of$355,800.00 is based on accrued fines for 1,779 days at $200 per day from April 28, 2009 through March 12, 2014. A Certificate of Title was recorded on February 27, 2014 in favor of Simon Hunt. This new owner abated the violation on March 12,2014, less than 30 days after taking title. 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, fines accrued prior to transfer of title, and compliance has been achieved. The property is in compliance and the new owner has paid $450.00 in fines. Operational costs ($87.57) were paid prior to the tendering of this settlement offer. The new owner, Mr. Hunt, is requesting a waiver of $355,350.00 in accrued fines. FISCAL IMPACT: Payment of$450.00 in fines has been made, and all County costs have been reimbursed. If approved by the Board, accrued fines in the amount of$355,350.00 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$355,350.00, accept payment of$450.00, release the lien, and authorize the Chair to sign the attached lien release for recording in the Official Public Records. 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-809- 6/10/2014 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Item Summary: Recommendation to approve a release of lien with an accrued value of$355,800 for payment of$450, in the code enforcement action entitled Board of County Commissioners v. Reinhard Marton, Code Enforcement Board Case No. CESD20080010163, relating to property located at 3107 Cottage Grove Avenue, Collier County, Florida. Meeting Date: 6/10/2014 Prepared By Name: MarleneSerrano Title: Manager-Code Enforcement Operations, Code Enforcement Approved By Name:jeffwright Title: Director-Code Enforcement, Code Enforcement Date: 05/1 3/2014 03:44:46 PM Name: puigj Title: Operations Analyst, Community Development&Environmental Services Date: 05/16/2014 02:31:08 PM Name: kevinnoell Title: Assistant County Attorney, CAO General Services Date: 05/19/2014 11:05:17 AM Name: marcellajeanne Title: Executive Secretary,Transportation Planning Date: 05/28/2014 07:50:38 AM Name: markisackson Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget Date: 05/28/2014 09:07:42 AM Name: klatzkowjeff Title: County Attorney, Date: 05/28/2014 03:37:08 PM Packet Page-810- 6/10/2014 16.A.12. Name: ochs_l Title: County Manager, County Managers Office Date: 05/29/2014 03:27:56 PM Packet Page-811- 6/10/2014 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: Reinhard Marton Respondent The lien was recorded on June 10, 2009, in Official Records Book 4460, Page 2911, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand eighty-seven dollars and fifty-seven cents ($6,087.57),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 Kevin Noeli Assistant County Attorney Packet Page -812- 6/10/2014 16.A.12. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20080010163 vs. REINHARD MARTON, Respondent. / ORDER IMPOSING FINE/LIEN THIS CAUSE having come/befoke er, ,Code Enforcement Board at public a hearing on May 28, 2009, on County" y otion for Imposit 6nJo ,Fines/Liens, and the Board having c.a ° heard the matter and being duly,advised.in_thespremises; and`` 04 MI o WHEREAS, this matter w dr. e E fereement Board on February 26, 2009, 0 o m after due notice to Respondent t ?Audi time tie 11Boar€d heard testimony under oath, received p evidence, and issued its Findings\of Fact and ( ion's of taw ;and thereupon issued its oral Order which was reduced to Writing on h 3 009 an fu"riii�shed to Respondent and was c- o recorded in the Public Records,i f Collier County, Flohd.a at OR pok 4434, PG 1373, et. seq. on March 11, 2009; and WHEREAS, an Affidavit o I4bn- pliaties n filed with the Board by the Code o ° Enforcement Official, which Affidavit cerwied ande_,j oatfi that the required corrective action has •r a o not been taken as ordered; and -- 0 0 04 o WHEREAS, it having been brought to the Board's attention that Respondent has not "` complied with the Order dated March 3,2009, it is hereby ORDERED that Respondent, REINHARD MARTON, pay to Collier County fines in the • amount of$6,000.00 for the period of April 28, 2009 through May 28, 2009 (30 days) at a rate of 0$200.00 per day, plus $87.57 for the operational costs incurred in the prosecution of this case for a total of$6,087.57. d Fq 7E o•• a :� IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue : 'until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a tc lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, n but shall be limited to appellate review of the record created within. Filing an Appeal shall not Packet Page-813- 6/10/2014 16.A.12. stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this ) day of June, 2009,at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA "e Gerald Lefeb hair cv 2800 North Horseshoe Drive Crt Naples,Florida 34104 N STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument knowledged be this Src day of June, 2009, by 0 Gerald Lefebvre, Chair of the Code-E.rif cement Board�nf Collier County, Florida, who is x ✓ personally known to me oT—' vlC o produced a Florida Driver's License as identification. °"' 6317 ‘.i, y, / <1;": ■tea' eo.d�a�.onrer eoo�es ,9 RIOT ' L9 PAL \ hi -„,co o "i S \ � �pn expires: CE R p QEN CE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Reinhard Marton, 2620 Fountain View Circle, #208, Naples, FL 34109 this(ft -day of June,2009. 11--- 0(0 H IDI ASHTON-CICKO, ESQUIRE .tare a F ,Flwida Bar No. 966770 ;aunty of COWER nney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY i HEREBY CERTIFY THAT this Is 4*US 4110 3301 East Tamiami Trail .errect cony or a aocument on Ma in Naples,Florida 34112 ioard Minutes and Recoras of,Paler( (239) 252-8400 =SS my ha a a. 'al this ay o} )WI BROCA CLERK OF COUIiT$ • Packet Page-814-