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Agenda 09/09/2014 Item #16A32 9/9/2014 16.A.32. EXECUTIVE SUMMARY Recommendation to approve the partial release of a code enforcement lien with an accrued value of$136,012.20 for payment of$562.20,in the Code Enforcement action entitled Board of County Commissioners vs. Dusan Petric, Special Magistrate Case No. CESD20100004782, relating to property known as 4609 Lakewood Boulevard,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code enforcement lien with an accrued value of$136,012.20, for payment of$562.20, as to property known as 4609 Lakewood Blvd. only, in relation to Code Enforcement Special Magistrate Case No. CESD20100004782. CONSIDERATIONS:, As a result of code violations at 3122 Santa Barbara Blvd., the Code Enforcement Special Magistrate ordered the imposition of a lien against Dusan Petric (deceased). The lien was recorded in the Official Public Records on February 1, 2011, at O.R. Book 4647, Page 2992, and it encumbers all real and personal property owned by Dusan Petric. The lien amount of $136,012.20 is based on accrued fines for the non-compliance period of 1,359 days (Nov. 16, 2010 through Aug. 5, 2014) at $100 per day ($135,900), plus the County's hard costs ($112.20). The underlying violation is for a shed on the property without the required Collier County permits. This violation has not been abated and therefore continues to accrue fines. This request for a partial release is for a different property, 4609 Lakewood Blvd.,which contains no code violations. This latter parcel was encumbered by the lien as a result of common ownership by Dusan Petric. This property is under contract and the lien continues to encumber the property due to the fact that it was owned by Dusan Petric at the time of lien imposition. FISCAL IMPACT: Payment of$562.20 has been made, consisting of$1 12.20 in operational costs $450 in fines. If approved by the Board, fines in the amount of$135,450 would be waived with respect to 4609 Lakewood Blvd. only. The lien balance would continue to encumber all other property owned by Dusan Petric. 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 $135,450 with respect to 4609 Lakewood Blvd. only, accept payment of $562.20, partially releases the lien as described above, and authorizes the Chairman to sign the attached partial release for recording in the Official Public Records. Prepared by: Jeff Wright,Director,Code Enforcement Department, Growth Management Division, Planning and Regulation Attachment: 1)Partial Release and Satisfaction of Lien 2)Lien Order [14-CED-00910/1107261/1] Packet Page-1331- 9/9/2014 16.A.32. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.32. Item Summary: Recommendation to approve the partial release of a code enforcement lien with an accrued value of$136,012.20 for payment of$562.20, in the Code Enforcement action entitled Board of County Commissioners vs. Dusan Petric, Special Magistrate Case No. CESD20100004782, relating to property known as 4609 Lakewood Boulevard, Collier County, Florida. Meeting Date: 9/9/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforcement 8/7/2014 10:11:03 AM �-. Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 8/11/2014 1:27:37 PM Name: WrightJeff Title:Director-Code Enforcement, Code Enforcement Date: 8/13/2014 8:14:29 AM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 8/13/2014 8:34:20 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 8/21/2014 10:15:40 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 8/21/2014 3:50:18 PM Name: KlatzkowJeff Packet Page-1332- 9/9/2014 16.A.32. Title: County Attorney, Date: 8/21/2014 4:33:04 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/21/2014 6:00:16 PM Name: DurhamTim Title:Executive Manager of Corp Business Ops, Date: 8/25/2014 2:11:01 PM Packet Page -1333- 9/9/2014 16.A.32. This Instrument Prepared By: Jeff Wright Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 PARTIAL 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: Dusan Petric Respondent The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2992, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand one hundred twelve dollars and twenty cents ($6,112.20), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Lot 7, Block B, Lakewood, Unit No. 5, according to the plat thereof, as recorded in Plat Book 12, at page 66, of the Public Records of Collier County, Florida. Site address: 4609 Lakewood Blvd. Collier County, a political subdivision of the State of Florida, by execution of this Partial Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as partial satisfaction of the lien and hereby cancels said lien with respect to the above-described property only. The Clerk of the Circuit Court is hereby directed to record this Partial Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 4609 Lakewood Blvd. 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 Noel! Assistant County Attorney Packet Page-1334- INSTR 4521583 OR 4647 PG 2992 RECORDED 2/1/2011 9:53 AM PAGES 2 9/9/2014 16.A.32. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD—2010-0004782 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DUSAN PETRIC, Respondent. / Co(- , ORDER` .,PI1crSPEcTM. ISTRATE // 'MPOSING FINES/LIENS'\.�\ THIS CAUSE came befo �`' tar Mag to for public hearing upon the Petitioner's Motion for Imposition of Finks/L.re.. •, J.••_-a ,• I k t'- a Special Magistrate, having heard argument respective to all a , ro i a : t h- -us s! sl Findings of Fact and Order of the '�• Special Magistrate,as follows f.--, - F1Tr'DINGS OF CT! /~ 1.0, 1. On October 15,2010,Res t1'cn vas found guilty of x,_'t`. •f the Florida Building Code,2007 Edition, Chapter 1 Permits, Sect 0 for shed wit . it, which violation occurred on the property located at 3122 Santa Barbara =fvtj?; rri, €0 6459080001. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 15, 2010, or a fine of S100.00 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 4621,PG 2412). 3. Operational costs of 5112.20 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: A. Petitioner's Motion for Imposition of Fines/Liens is granted. Packet Page-1335- *** OR 4647 PG 2993 *** 9/9/2014 16.A.32. B. Daily fines of S100.00 per day are assessed against Respondent for 60 days for the period from November 16,2010 to January 14,2011 for a total amount of fines of$6,000.00. 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$6,112.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida. E. The daily fine of 5100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this A day of a I ,t to 2011 at Collier County,Florida. 'c' 51 COLLIER CQtI NIY CODE ENFORCEMENT / ----�SPECIAL MASTRATE { / - GI i .0-••■ i '(.....C1----4.17.-----\`' *).Thil 111. 7- - ' r. '� '4 `;AC:a v , 'y' ON ..( ,....,-\\ PAYMENT OF FINES: Any fi d to be paid this order may be paid at the Collier County Code Enforcement Departmen, ,8p.� _• ` , . ' rive,Naples,FL 34104,fax#(239)252- 2343. Any release of lien or confirmatro .in •.•• = 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 nova, 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)-Dusan Petric Collier Co.Code Enforcement Dept. I HERESY CERTIFY THAT dies l:a true OW :orroct cop of a mourners balks is 3oard Minutes and Rooms otCollisrCo - Nrrbtas my ., *Ili 7 r - oay of � ill I., • .`it , 1WIGHT E.BROCit,CLERK o oa • Packet Page-1336- IL