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Agenda 07/08/2014 Item #16A137/8/2014 16.A.13. EXECUTIVE SUMMARY Recommendation to approve a release of a code enforcement lien with an accrued value of $235,580.86, for payment of $3,580.86, in the code enforcement action entitled Board of County Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement Board Case No. CESD20110007245, relating to property located at 4530 20th St. 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 $235,580.86, for payment of $3,580.86, in relation to Code Enforcement Board Case No. CESD20110007245. CONSIDERATIONS: As a result of code violations at 4530 20t' St. NE, consisting of expired Collier County pen-nits for a pool and screen cage, failure to obtain 10 -day spot surveys, and an unpermitted shed on the property, the Code Enforcement Board ordered the imposition of a lien against Ofelina M. and Dean L. Patten, in Case No. CESD20110007245. The lien was recorded in the Official Public Records on December 8, 2011, at O.R. Book 4744, Page 1215, and it encumbers all real and personal property owned by Ofelina M. and Dean L. Patten. The lien amount of $235,580.86 is based on 942 days of accrued fines, at $250 per day (October 14, 2011 through May 12, 2014), plus $80.86 in operational costs. Ofelina M. and Dean L. Patten owned the property throughout this period. Following a foreclosure (Case No. 2009 -CA- 7645), a Certificate of Title was recorded on February 19, 2014 in favor of Nafdof22 LLC. The property was brought into compliance by the new owner on May 12, 2014. Because the County's lien was filed after the foreclosure lis pendens, it is not presently enforceable as to this property. 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 the settlement amount of $3,580.86. Nafdof22 LLC is requesting a waiver of $232,000 in accrued fines. FISCAL IMPACT: Payment of the settlement amount of $3,580.86 has been made, representing $3,500 in fines, plus $80.86 in operational costs. If approved by the Board, accrued fines in the amount of $232,000 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 Packet Page -529- 7/8/2014 16.A.13. RECOMMENDATION: That the Board waive the fines in the amount of $232,000, accept the settlement amount of $3,580.86, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachment: l) Release and Satisfaction of Lien 2) Lien Order Packet Page -530- 7/8/2014 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve a release of a code enforcement lien with an accrued value of $235,580.86, for payment of $3,580.86, in the code enforcement action entitled Board of County Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement Board Case No. CESD20110007245, relating to property located at 4530 20th St. NE, Collier County, Florida. Meeting Date: 7/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 6/10/2014 8:22:31 AM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 6/10/2014 12:47:43 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/11/2014 1:42:20 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/11/2014 2:08:35 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 6/12/2014 11:42:38 AM Name: K1atzkowJeff Title: County Attorney, Date: 6/13/2014 1:15:57 PM Name: IsacksonMark Packet Page -531- 7/8/2014 16.A.13. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/27/2014 10:22:51 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2014 8:08:34 PM Packet Page -532- 7/8/2014 16.A.13. 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: Ofelina M. and Dean L. Patten Respondent The lien was recorded on December 8, 2011, in Official Records Book 4744, Page 1215, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Nine thousand eighty dollars and eighty -six cents ($9,080.86), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality e oell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -533- Tom Henning, Chairman INSTR 4635270 OR 4744 PG 1215 RECORDED 12 /8/2011 3:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. OFELINA M. AND DEAN L. PATTEN, Respondents THIS CAUSE came on for public Respondents at which time the Board hear( and Conclusions of Law and thereupon s . and furnished to Respondents and was ecc 873, et. seq. on October 18, 2011. ) An Affidavit of Non -Comp ianc October 18, 2011, which Affidavit c rtifi ordered. Accordingly, it having been pro. Order dated September 30, 2011, it is 1tei CESD20110007245 i6ny under oath, receive oral Order which was n t t the Fbb c-R=W6 of to the Board's anentlim that r 7/8/2014 16.A.13. 22, 2011, after due notice to :e, and issued its Findings of Fact writing on September 30, 2011 Runty, Florida at OR 4728, PG Enforcement Official on ;ion has not been taken as have not complied with the ORDERED, that the Responde , Telina M. and Dean L. Pati.,pa,y ` Collier County fines in the amount of 59,000 (Order Item 1 and 2) for 'off Of October 14 ' hr gh November 18, 2011 (36 days) at S250 per day plus S80.86 operational costs in ed1fr�r i�6 es, for a total of 59,080.86. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rcndcred in a suit to foreclose on a lien tiled 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 an 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 Respondents. DONE AND ORDERED this 2-L r day of i v • , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD El tlk 0' F t.1:K1JJ(% COLLIER COUNTY, FL DAB 'cunty of,COt,CM Vic;: ,,....,, LY, . BY: C--- j f HE0'Y£ERTI &T4AT this Is a true Ono Kenneth 'Urrect Copy. ot'e aocz*ni an file in 2800 North Horseshoe Drive cs - ` Naples, Florida 34104 3oa�d: t:; nut _ an cores of Co :lier Cohn p Nt 5� rnv' ts3,4nq:offici&I seal this Of'2 OYr'1G�SffIAI`K` '(/ CLERK OF COURTS _ Packet Page -534- * ** OR 4744 PG 1216 * ** 7/8/2014 16.A.13. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2-2 day of l --+y • , 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collicr County, Florida, who is / personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE NOTARY PUBLIC ::�` •w �, Noaty Pubtic -State of Ftoride • .€ qy Comm. Wire, Jun 18.20`15 My commission expires: a Commission a EE 87272 ERTIFICATE OF SERVICE 'Nd: Bonded Though National wary Asm. rIFT at a true and correct copy of this ORDER has been sent by U. S. Mail to Ofelina M. and Dean L. Patten, 4530 20'" Street N.E., Naples, FL, 34120 thi ?�-'�-:'day of t,_- ±h�j . , 2011. l C 4- e- � G� M. Jea Esq. Florida a e. 0311 At�ttney for e C de Enforcement Board 2375 . Tamialm il, Ste. 208 p41 3 2 - 06 y� �ry L C1 Packet Page -535-