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Agenda 09/23/2014 Item #16A179/23/2014 16.A.17 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $431,864.18, for payment of $714.18, in the code enforcement action entitled Board of County Commissioners v. Jeffrey A. Macasevich, Code Enforcement Board Case No. 2006100314, relating to property located at 4469 Lakewood Boulevard, 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 $431,864.18, for payment of $714.18, in relation to Code Enforcement Board Case No. 2006100314. CONSIDERATIONS: As a result of code violations at 4469 Lakewood Blvd., consisting of a home completely enclosed with sliding doors and windows without first obtaining all required Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Jeffrey A. Macasevich, in Case No. 2006100314. The lien was recorded in the Official Public Records on October 6, 2008, at O.R. Book 4398, Page 3859, and it encumbers all real and personal property owned by Jeffrey A. Macasevich. The lien amount of $431,864.18 is based on 2,158 days of accrued fines (Aug. 4, 2008 through June 23, 2014) at $200 per day, plus $264.18 in operational costs. Following a foreclosure (Case No. 2008 -CA- 3412), a Certificate of Title was recorded on October 31, 2013 in favor of JP Morgan Chase Bank, NA. The property was then conveyed to the current owner, Dayneris Gonzalez, on May 14, 2014. The property was brought into compliance by this new owner on June 23, 2014. The County's lien for this property was filed after the foreclosure lis pendens; therefore it is not presently enforceable. 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, the new owner has diligently pursued abatement, and compliance has been achieved within 30 days of acquisition. In this case, the new owner abated the violation within approximately 41 days of acquisition, incurring fines for 10 days (at $200 per day) under this policy. The property is being actively maintained and the owner has paid $714.18 in accrued fines and costs. The new owner is requesting a waiver of $431,150 in accrued fines. FISCAL IMPACT: Payment of $714.18 has been made, representing $450 in fines, plus $264.18 in operational costs. If approved by the Board, accrued fines in the amount of $431,150 in accrued fines 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 [ 14 -CED- 00912/1107771 /1 Packet Page -1468- 9/23/2014 16.A.17. RECOMMENDATION: That the Board of County Commissioners waive the fines in the amount of $431,150, accept payment amount of $714.18, release the lien, and authorizes 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: 1) Release and Satisfaction of Lien 2) Lien Order 3) Hardship Letter [ 14 -CED- 00912/1107771 /1 ] Packet Page -1469- 9/23/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $431,864.18, for payment of $714.18, in the code enforcement action entitled Board of County Commissioners v. Jeffrey A. Macasevich, Code Enforcement Board Case No. 2006100314, relating to property located at 4469 Lakewood Boulevard, Collier County, Florida. Meeting Date: 9/9/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 8/8/2014 8:55:55 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 8/11/2014 11:26:11 AM Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 8/13/2014 8:19:29 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/13/2014 9:23:45 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 8/21/2014 10:16:12 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 2:55:30 PM Name: IsacksonMark Packet Page -1470- 9/23/2014 16.A.17. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 8/21/2014 3:52:47 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 8/21/2014 4:33:27 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/25/2014 2:33:51 PM Packet Page -1471- 9/23/2014 16.A.17. 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: Jeffrey A. Macasevich Respondent The lien was recorded on October 6, 2008, in Official Records Book 4398, Page 3859, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand sixty -four dollars and eighteen cents ($2,064.18), 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: Deputy Clerk Approved as to form and legality — e'-2111v Kevin Noell Assistant County Attorney By: Tom Henning, Chairman Packet Page -1472- 9/23/2014 16.A.17. Reta: w wkwow 4'21919'4 OR: 4'398 FG: 3$59 cool JIlo MIff tiCORDIC in the OLLICIA! RECORDS of CQLLIiR CODIti. IL Ric !ti 11.9 240 1 E01SIR0E1D1 ODES BLDG 10/01/2061 at 0315" DiCiET I. Blon. Cull Il US LL 34101 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. Petitioner, vs. JEFFREY A. MACASEVICH, Respondent CES NO. 2006100314 ORDER IMPOSINf FINEILIEN THIS CAUSE came on for public hearing before the Board on March 27, 2008, after due notice to Rent at which time the Board heard testitne}ir ved evidence. and issued its Findings of Fact and Conchtsicons of Law and thereupon i Order wh' to writing on April 2, 2008 and furnished to Respondent and was � �u1 Records olii � ur: Florida at OR 4347, PG 0366 . et. seq. on April 8, 2008. t j An Affidavit of Non-C b Cade EnfomccmcntO[ficial on August 4, 2008, which Affidavit c under oath that the regted co(rtctition has not been taken as ordered... Accordingly, it having bt en brat :t'ftZ-Qp!' r d "s attar ' Q f dent has not complied with the Order dated April 2, 2008, it is hereby ORDERED, that the Respondent, Jeffrey A. Macasevich, pay to Collier County fines in the amount of 57.800 for the period of July 27, 2048 through August 4, 2008 (9 days) at a rate of S200 per day, plus $264.18 for the operational costs incurred in the prosecution of this cast fora total of 5'_064.18. IT IS FURTHER ORDERED that the fines and operational oasts 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 162.04 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 Appall shall not MY the Board's Order. Packet Page -1473- 9/23/2014 16.A.17. *** OR: 4398 PG: 3860 It** f This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutcs, constitute a lien against the property as described and/or any other real or personal property owned by Respondent. '9 DONE AND ORDERED this I day of 2008 at Collier County, Florida . STATE OF FLORIDA ) )SS; COUNTY OF COLLIER) The foregoing instrument was ac Lefebvre, Chair of the Code Enforcement me or ✓ who has produced a Florida• NYCM"SS"j76jjX , 0!!S4 V I& 2M I I HEREBY CERTIFY Jeffrey A. Macasevich, 4469 U .Asnty of COLLIER CODE ENFORCEMENT BOARD. COLLIER COUNTY. eRJ B . crald Lefeb it 2800 North Horseshoe Qi(ve Naples, Florida 34104 fl-M vc and correct copy of E]Alvd., Naples. Florida HEREBY CERTIFY T14AT this is a ton SW Offs= amrw a '9*14110 = Imm Minum 846 08W#j E"My of CLP• OF 00 U I DO �"Oday of nr+ 2008, by Gerald ,*, who is _ personally known to v sent by U. S. Mail to day of Q C-1- . . 2008. "'W M. Jc­s$4awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avcnue.S., Sit. 300 Naples, Florida 34102 (239) 2634206 I Packet Page -1474- 11�1 Naples FL Attention to code enforcement office. 9/23/2014 16.A.17. 06/23/2014 My name is Dayneris Gonzalez, I am the owner of the house 4469 Lakewood Blvd. Naples FL 34112. 1 am writing this letter to explain my delete for the removal of the wall and installment of the 2 hurricane doors (having the lanai back to its original version ). I did the closing on the house the 14 of May 2014, 1 did not know that the title of the house was recorded till the 23 of May. The survey of the house was done the 30 of May. We did apply for the permit and we receive the approval the 6 of June 2014. The 18 June 2014.1 had the inspection at the house, and only the plumbing pass. The 19 June 2014 the final construction and the impact doors pass the inspection, but not the electrical. I could not made an appointment for the 20 so the first available date was the 23 of June and the inspection pass. I hope this delete will be take in consideration, is all new for me. Thank you for your time and best regards. Dayneris Gonzalez f t Packet Page -1475-