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Agenda 12/09/2014 Item #16A22 12/9/2014 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $26,862.20, for payment of $562.20, in the code enforcement action entitled Board of County Commissioners v. Lorrie L. Callow, Code Enforcement Special Magistrate Case No. CEV20090013615, relating to property located 786 103rd Avenue N., Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of$26,862.20, for payment of$562.20, in relation to Code Enforcement Special Magistrate Case No. CEV20090013615. CONSIDERATIONS: As a result of a code violation at 786 103rd Avenue N., consisting of two vehicles with expired tags on the property, the Code Enforcement Special Magistrate ordered the imposition of a lien against Lorrie L. Callow in Case No. CEV20090013615. The lien was recorded in the Official Public Records on November 8, 2010, at O.R. Book 4621, Page 2355, and it encumbers all real and personal property owned by Lorrie L. Callow. The accrued lien amount of $26,862.20 is based on 535 days of accrued fines (September 8, 2010 through February 24, 2012) at $50 per day, plus $112.20 in operational costs. Following a foreclosure (Case No. 2009-CA-5233), a Certificate of Title was recorded on March 21, 2014 in favor of Federal National Mortgage Association. The property was brought into compliance on February 24, 2012. The County"s lien for this property was filed after the foreclosure lis pendens, and is not presently enforceable as to the property in question. 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 and the violation has been abated. The property is being actively maintained and the new owner has paid $562.20. The owner is requesting a waiver of$26,300 in accrued fines. FISCAL IMPACT: Payment of$562.20 in accrued fines has been made, representing $450 in fines plus $112.20 in operational costs. if approved by the Board, accrued fines in the amount of $26,300 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 of County Commissioners waive the fines in the amount of$26,300, accept payment in the amount of$562.20, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. [1 4-CED-00965/1 1 3 1 780/1] Packet Page -1169- 12/9/2014 16.A.22. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division Attachments: 1) Release and Satisfaction of Lien 2)Lien Order [1 4-CED-00965/1 1 31 780/1] Packet Page -1170- 12/9/2014 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$26,862.20,for payment of$562.20, in the code enforcement action entitled Board of County Commissioners v. Lorrie L. Callow, Code Enforcement Special Magistrate Case No. CEV20090013615, relating to property located 786 103rd Avenue N., Collier County, Florida. Meeting Date: 12/9/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 11/12/2014 10:57:17 AM Approved By Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 11/14/2014 9:52:06 AM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 11/14/2014 3:54:34 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 11/17/2014 9:23:56 AM Name: CasalanguidaNick Title:Administrator-Growth Management Div,Business Management&Budget Office Date: 11/23/2014 10:52:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2014 9:01:13 AM Name: IsacksonMark Packet Page-1171- 12/9/2014 16.A.22. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 11/24/2014 9:38:03 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 11/25/2014 10:45:03 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/25/2014 12:00:27 PM Packet Page-1172- 12/9/2014 16.A.22. This Instrument Prepared By: Jeff 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: Lorrie L. Callow Respondent The lien was recorded on November 8, 2010, in Official Records Book 4621, Page 2355, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two thousand twelve dollars and twenty cents ($2,012.20), 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 Noell Assistant County Attorney Packet Page -1173- cow INSTR 4493335 OR 4621 PG 2355 RECORDED 11/B/2010 9:39 AM PAGES 3 12/9/2014 16.A.22. DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CEV-2009-0D13615 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LORRIE L.CALLOW, Respondent. --/ ORDER fi Ei ECiAIr t46TSTRATE j/C IMPOSING FINES/LIENS. THIS CAUSE came before toe-zweial magistrate for publ c hearing upon the Petitioner's Motion for Imposition of Fines/Lie O,.0 'r'.S�Q4 '-ata4e Special Magistrate, having heard •argument respective to all appropriiaatte in to s here7T 's ye , s'Findings of Fact and Order of the Special Magistrate,as follo�rs� � ,� I;� `ter\ FINDINGS OF-ACT; 1. On September 3, 2010, Respondent was found guiltyof jialation of the Collier County Land Development Code 2004-41,as arrierid ,S ction 2.01.00 \f . o vehicles with expired tags and one of the two is inoperable,which violation.-cqtyre•.• , opt? y`Ioeated at 786 103'd Ave N,Naples,FL, Folio#62650320000. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before September 7, 2010, or a fine of S50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4606,PG 653). 3. Operational costs of S1 12.20 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: Packet Page-1174- OR 4621 PG 2356 12/9/2014 16.A.22. A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of 550.00 per day are assessed against Respondent for 38 days for the period from September 8,2010 to October 15,2010 for a total amount of fines of 51,900.00. C. Respondent shall pay the previously assessed operational costs of S112.20. D. Respondent is ordered to pay fines and costs in the total amount of$2.012.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida. E. The daily fine of 550.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this iS� day of (�1 . ,2010 at Collier County,Florida. P COLLIER COUNT .CODE ENFORCEMENT `J" / --=ti SpE'CTA'I,Tv1AGISTRATE udispr, v1 h . t BRENDA.,C.GARRETS ON . PAYMENT OF FINES: Any fines brderet�tab�"pat ,p�r�strnt to this order may be paid at the Collier County Code Enforcement Department,2800: -North f r she Drive,Naples,FL 34104,fax#(239) 252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)—Lorrie L.Callow CoIIier Co. Code Enforcement Dept. ,0 ;. :.1k1J11 ;ounty of COLLItk i HERE^Y CERTIFYJxAT thts is a trua anti -orreCt copy or„altrOCurnEPt On the in 3oa rd Minute& and R .cf=Cower Courttl► N TN ESS m . a'‘and off it'9eal this (1-21-1 oay crte l isk. e4o .. • HT E.4 ,OC; ,C ERK Of.••URTS Packet Page -1175- . **= OR 4621. PG 2357 **= 12/9/2014 16.A.22. Search Results Page 1 of 2 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 2010 Tax Roll Inquiry System Print this page OWNER INFORMATION PROPERTY INFORMATION Name:'CALLOW,LORRIE L Parcel:162650320000 I Acre: .14 1 Address:"786 103RD AVE N Loc: 786 103RD AVE NAPLES cMapl(GIS View! Address: Legal:(NAPLES PARK UNIT 3 BLK 41 I Address:11 Legal:'LOT 4 I Address:' Legal: I Address:'NAPLES,FL 34108-3221 Legal: I VALUE/EXEMPTIONS 1 TAX INFORMATION ii PAY TERMS PAYMENT INFO ' Market Value:'142,185 I County:I 525:3,.25.;RI hr',;'-Nov: 1865.39 Pald Dt: 00/00/0000 Taxable Value: 142,185 j School St:1419vwo- I1" —�/'3ef'j 1884.82 Recpt:'0 !Village Code:168 I School loc:1 319.63 1 'Jar• 1904.25 Mach: 0 Homested Ex: 0 City Tax: 0.00 . 1 Feb 1923:68 Paymt: 0.00 AgrIcItr Ex:10 Dependt:I4225t I --,) \ Mar. 1843.11 Mort:1200153 j Widow Ex: 0 / Water,II68.44- I Dr ,\ i STATUS INFO. I Blind Ex: 0 I IndepenC !183.93 )1 )' May; `.0 1 i Non Ad Va: Y Disabled:I10 1 I VoierlAptir. 2441 I, / I 1 4,Now ti 5 e:I1186 39l 1 Installment: N I Veteran Ex:1 0 , I •Grosi,Tax: 1943.11 —Pay` urrent'7axes'(Saline Deferred: N Wholly Ex: 0 1 A lee: .0 ri.,:..�r- ii ii/ I V15ti Bankrupt: N Civilian Ex: 0 ' : . � TOA:I 0 Advert' 0.00 -�^^ -74! :-....;.0-,OMIt EN, := " Non Ad Valorem Amount Included in Gross Tax i Non Ad Valorem Authorities NON AD VALOREM INFORMATION I Type (Ruth# I1Auth Name 11Per 'Amount 1 Garbage 119013 I1Garbage Dist 1 173.49 !Naples Park Area Drainage 19015 I Naples Park Area Drainage I NPAD 68.03 i COMMENTS • Non Ad Valorem Amount Included in Gross Tax CERTIFICATE INFORMATION Tax Year Split 11Cert.# ('Date Issued IlPaid Date Rec# 'Mach 11Sts I1TDA Amount Pald 12007 0 18396-08 05/28/2008 107/17/2008 11124 15 IP 10 1 1,340.36 I Comment: 2005 0 3742-06 05/3112006 1 07/1212006 1673 J 5 P 10 1,388.97 Comment: Certificates must be paid with cash,cashiers check or money order. http://ww}w.colliertax.com/searchWvici.v.l Packet Page -1176-age=I&tc=l&tax_year=2010 11/3/2010