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Agenda 09/23/2014 Item #16A229/23/2014 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a present accrued value of $54,550, for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Taylor Bean and Whitaker Mortgage Corp., Special Magistrate Case No. CEPM20120012329, relating to property located at 717 Crossfield Circle, 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 $54,550, for payment of $450, in relation to Special Magistrate Case No. CEPM20120012329. CONSIDERATIONS: As a result of a code violation at 717 Crossfield Circle, for an unmaintained pool and damaged screen enclosure panels and front door, the Special Magistrate ordered the imposition of a lien against Taylor, Bean, and Whitaker Mortgage Corp., in Case No. CEPM20120012329. The lien was recorded in the Official Public Records on July 17, 2013, at O.R. Book 4944, Page 3737, and it encumbers all real and personal property owned by Taylor, Bean, and Whitaker Mortgage Corp. The lien amount of $54,550 is based on a total of 220 days of accrued fines (Dec. 15, 2012 through Feb. 21, 2013, or 69 days, to clean the pool; and Dec. 15, 2012 through May 14, 2013, or 151 days, to fix the remaining violation), at $250 a day, less $450 in fines. The County's abatement and operational costs of $1,555.06 were previously paid, in connection with a partial release of this same lien on another property (see O.R. Book 5021, Page 3498). The current owner took title on Dec. 31, 2013, as the result of a foreclosure (Case No. 2008 -CA- 4523). The property was brought into full compliance on May 14, 2013. The County's lien for this property was filed after the foreclosure Hs 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, fines accrued prior to transfer of title, and compliance has been achieved. The property is in compliance and the new owner has paid a $450 fine, and the County's costs were previously recouped. The owner is requesting a waiver of $54,100 in accrued fines. FISCAL IMPACT: Payment of a $450 fine has been made, and all costs were previously recouped. If approved by the Board, accrued fines in the amount of $54,100 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 $54,100, accept payment amount of $450, release the lien, and authorizes the [ 14 -CED- 00916/1108429/11 Packet Page -1505- 9/23/2014 16.A.22. 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 [ 14 -CED- 00916/1108429/11 Packet Page -1506- 9/23/2014 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 a present accrued value of $54,550, for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Taylor Bean and Whitaker Mortgage Corp., Special Magistrate Case No. CEPM20120012329, relating to property located at 717 Crossfield Circle, Collier County, Florida. Meeting Date: 9/9/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 8/12/2014 3:57:26 PM Approved By Name: Wrightleff Title: Director - Code Enforcement, Code Enforcement Date: 8/13/2014 8:49:52 AM Name: PuigJudy Title: Operations Analyst, Community Development & Enviro Date: 8/13/2014 5:07:03 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/14/2014 8:11:06 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 8/21/2014 10:40:18 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 2:59:05 PM Name: IsacksonMark Packet Page -1507- 9/23/2014 16.A.22. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 8/21/2014 3:54:42 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 8/21/2014 4:35:08 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/25/2014 2:33:37 PM Packet Page -1508- 9/23/2014 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: Taylor Bean and Whitaker Mortgage Corp. Respondent The lien was recorded on July 17, 2013, in Official Records Book 4944, Page 3737, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty - six thousand five hundred fifty -five dollars and six cents ($56,555.06), 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 Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -1509- INSTR 4866550 OR 4944 PG 3737 RECORDED 7/17/2013 8:29 AM PAGES 3 9/23/2014 16.A.22. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 , ,,., COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120012329 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. TAYLOR, BEAN, AND WHITAKER MORTGAGE CORP., Respondent. f V o THIS CAUSE came befbi,+ t }S ,ltai ira yr ulblic�jhearing upon the Petitioner's Motion for Imposition of Fine/Lisn r y0 a{d ttseS}iial. Magistrate, having heard argument respective to all appropriate hkztt s, nc!p zpbn issu�stuts Fi itlgs icy f act and Order of the Special Magistrate, as follows: ; �- �` '` —'J — %T `% FINDrNGS' OF t 4` 1. On December 7, 2012, RespoQ& found guil }� `;V laiion of Collier County Code of Laws and Ordinances, Chapter Z, A`T14 e o 73 ubsections 12k, 12n, and 15 for screen panels missing/tom for pool enclosure, sing hardware, and unmaintained. swimming pool, which violation occurred on the property located at 717 Crossfield Circle, Naples, FL Folio #56570005408 (Legal Description: MAPLEWOOD UNIT 3 LOT 105). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 14, 2012, or a fine of $250.00 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 4868, PG 1963). 3. Operational costs of 5112.56 incurred by the County in the prosecution of this case have not been 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 2010 -04 has been timely filed. 6. Part B of the Order has been abated as of February 21, 2013 and Part D of the Order has been abated as of May 14, 2013. Packet Page -1510- OR 4944 PG 3738 9/23/2014 16.A.22. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Part B of the Order: Daily fines of S250.00 per day are assessed against Respondent for 69 days for the period from December 15, 20I2 to February 21, 2013, for a total amount of fines of S17,250.00. C. Part D of the Order. Daily fines of 5250.00 per day are assessed against Respondent for 151 days for the period from December 15, 2012 to May 14, 2013, for a total amount of fines of $37,750.00. D. Respondent shall pay the previously assessed operational costs of 5112.56. E. Respondent shalt pay the costs of abatcrnent4ricurrrd by the county in the amount of $1,442.50. F. Respondent is ordered to payK� its in t e r unt of 556:555.06 or be subject to Notice of Assessment of nst all properties ovv�c�espondent in Collier County, Florida. DONE AND ORDERED this( `U-sliankf i K /U tt l 4013 4:gAlier County, Florida. `-! LOLL Udti `CODE ENFORCEMENT 4 SPECIAL M • TE '�A (:LIND4ACG ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe 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: 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 Taylor, Bean, and Whitaker Mortgage Corp. Collier Co. Code Enforcement Dept. Packet Page -1511- *** OR 4944 PG 3739 *** r r ,,�j I �fp Packet Page -1512- .4Z) State ol t- lut t,;d county of COLLIER 9/23/2014 16.A.22. V I HEREBY CERTIFY Via' , a true and �s correct copy of a docq=�r& file irk '-,. -' �.- ' Board t.iinutes and -R�.6td�,vt.toVf�,rCo bnt 9dayofN S my hand a��,Tfjci;seii this ALa�-. (b....•