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Agenda 09/23/2014 Item #16A249/23/2014 16.A.24. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $11,622.86, for payment of $1,272.86, in the code enforcement action entitled Board of County Commissioners v. Joseph and Maria Ranghelli, Code Enforcement Board Case No. CEPM20100007867, relating to property located at 11169 Longshore Way W., 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 $11,622.86, for payment of $1,272.86, in relation to Code Enforcement Board Case No. CEPM20100007867. CONSIDERATIONS: As a result of code violation at 11169 Longshore Way W., consisting of an unmaintained pool, the Code Enforcement Board ordered the imposition of a lien against Joseph and Maria Ranghelli, in Case No. CEPM20100007867. The lien was recorded in the Official Public Records on April 8, 2011, at O.R. Book 4670, Page 150, and it encumbers all real and personal property owned by Joseph and Maria Ranghelli. The lien amount of $11,622.86 is based on 108 days of accrued fines (October 24, 2010 through February 8, 2011) at $100 per day, plus $80.86 in operational costs and $742 in County abatement costs. Following a foreclosure (Case No. 2010 -CA- 5086), a Certificate of Title was recorded on January 22, 2014 in favor of Federal National Mortgage Association. The property was brought into compliance on February 8, 2011 (nearly three years prior to the bank taking title) by a County vendor. 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. Although the County abated the violation, the property is being actively maintained and the new owner has paid $1,272.86 to settle this matter and obtain a release of lien. Federal National Mortgage Association is requesting a waiver of $10,350 in accrued fines. FISCAL IMPACT: Payment of $1,272.86 has been made, representing $450 in fines, $742 in County abatement costs, and $80.86 in operational costs. If approved by the Board, accrued fines in the amount of $10,350 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- 00924/1110409/1 ] Packet Page -1525- 9/23/2014 16.A.24. RECOMMENDATION: That the Board of County Commissioners waives accrued fines in the amount of $10,350, accept payment amount of $1,272.86, 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 [ l4 -CED- 00924/1110409/1 ] Packet Page -1526- 9/23/2014 16.A.24. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.24. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $11,622.86, for payment of $1,272.86, in the code enforcement action entitled Board of County Commissioners v. Joseph and Maria Ranghelli, Code Enforcement Board Case No. CEPM20100007867, relating to property located at 11169 Longshore Way W., Collier County, Florida. Meeting Date: 9/23/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 8/25/2014 10:16:48 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 8/26/2014 12:06:22 PM Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 8/27/2014 8:16:55 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/27/2014 8:54:24 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 9/8/2014 8:58:32 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 9/9/2014 9:03:50 AM Name: FinnEd Packet Page -1527- 9/23/2014 16.A.24. Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 9/9/2014 7:30:04 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/10/2014 2:51:25 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/12/2014 8:08:03 AM Packet Page -1528- 9/23/2014 16.A.24. 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: Joseph and Maria Ranghelli Respondents The lien was recorded on April 8, 2011, in Official Records Book 4670, Page 150, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven thousand six hundred twenty -two dollars and eighty -six cents ($11,622.86), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Torn Henning, Chairman Packet Page -1529- INSTR 4546827 OR 4670 PG 150 RECORDED 4/$/2011 9:37 AM 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. JOSEPH AND MARIA RANGHELLI, Respondents CEPM20100007867 ORDER IMPOSING FINE/LIEN 9/23/2014 16.A.24. THIS CAUSE came on for public hearing befo oArd on September 23, 2010, after due notice to Respondents at which time the Board heard testi evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issu to writing on September 24, 2010 and furnished to Respondents and was rec a Public Records County, Florida at OR 4610, PG 2374, et. seq. on October I, 2010. An Affidavit of Compliance 8, 2011, which Affidavit certified unc Accordingly, it having been Order dated September 24, 2010, it i! ment Official on February taken as ordered. have complied with the ORDERED, that the RespondFoimoseph and Maria Ran li, pity t Ater County fines in the amount of $10,800 (Order item 2 and 4) for the f October 24, 2010 F 8, 2011 (108 days) at $100 per day, plus $80.86 for the operational c %72� d for the imposition o ,� $742.00 for abatement costs, for a total of $11,622.86. Any aggrieved party may appori? e o ircuit Court within thirty (30) days of the execution of the Order appealed. An appeal sisa !h a 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 day ornli R t h , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 states a: FiJJRJI;A 'ioc►nw Of COU" i H£REm CERTIFY t fi4 -j,a tnm and mrra= CODy of a ce 4int* .� , Board Mlitntes.an# #iretESS nW .IL41� oay of N! Ti", ?WtQ E. SRO SEC Packet Page - 1530 - -� * ** OR 4670 PG 151 * ** 9/23/2014 16.A.24. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this :�ddray of 01 al ch . 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's Licensee as identification. KRtST1t:EHOLTON NOTARY PUBLIC mycokl«US EXPIRES: dene 18,2D11 My commission expires: 8-1h "'I"*'"�"� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Joseph and Maria Ranghelli, 11169 Longshore Way W., Naples, FL 34119 this -2)Cfrday of r' /W c 1--, 2011. 3R C M. IT Florida for / 1 1�Y" r" 4"u i(j` j{1{ i 6 C CjA?,C ' Packet Page -1531- it Enforcement Board it, Ste. 208