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Agenda 10/28/2014 Item #16A2110/28/2014 16.A.21. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $20,180.86, for payment of $9,180.86, in the code enforcement action entitled Board of County Commissioners v. Park East Dev. Ltd., Code Enforcement Board Case No. CESD20120006530, relating to property located at 5100 27th Place SW, 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 $20,180.86, for payment of $9,180.86, in relation to Code Enforcement Board Case No. CESD20120006530. CONSIDERATIONS: As a result of a code violation at 5100 27th Place SW, consisting of failure to submit a PUD monitoring report as required, the Code Enforcement Board ordered the imposition of a lien against Park East Dev. Ltd. in Case No. CESD20120006530. The lien was recorded in the Official Public Records on November 8, 2012, at O.R. Book 4853, Page 684, and it encumbers all real and personal property owned by Park East Dev. Ltd. The accrued lien amount of $20,180.86 is based on 201 days of accrued fines (September 23, 2012 through April 11, 2013) at $100 per day, plus $80.86 in operational costs. Following a foreclosure (Case No. 2010 -CA- 2148), a Certificate of Title was recorded on December 11, 2012 in favor of Central Bank. The property was brought into compliance on April 11, 2013 by the new owner. 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. In this case, the new owner abated the violation and incurred fines for ninety -one (91) days beyond the 30 -day grace period. The property is being actively maintained and the owner has paid $9,180.86 in fines accrued during its new ownership. Central Bank is requesting a waiver of $11,000 in accrued fines. FISCAL IMPACT: Payment of $9,180.86 in accrued fines has been made, representing $9,100 in accrued fines and $80.86 in operational costs. if approved by the Board, accrued fines in the amount of $11,000 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 $11,000, accept payment in the amount of $9,180.86, 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 Attachments: 1) Release and Satisfaction of Lien 2) Lien Order 14 -CED -00941 /1 1 1 9490/11 Packet Page -1228- 10/28/2014 16.A.21 COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.21. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $20,180.86, for payment of $9,180.86, in the code enforcement action entitled Board of County Commissioners v. Park East Dev. Ltd., Code Enforcement Board Case No. CESD20120006530, relating to property located at 5100 27th Place SW, Collier County, Florida. Meeting Date: 10/28/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 9/26/2014 2:40:25 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement -Date: 10/2/2014 9:51:47 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 10/2/2014 10:04:01 AM Name: Puigiudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/2/2014 4:31:39 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/13/2014 9:18:56 AM r Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 10/14/2014 9:22:24 AM Name: IsacksonMark Packet Page -1229- 10/28/2014 16.A.21. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 10/15/2014 1:07:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/15/2014 2:37:21 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/18/2014 4:49:34 PM Packet Page -1230- 10/28/2014 16.A.21. 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: Park East Dev. Ltd. Respondent The lien was recorded on November 8, 2012, in Official Records Book 4853, Page 684, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three thousand three hundred eighty dollars and eighty -six cents ($3,380.86), 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 0 By: Deputy Clerk Tom Henning, Chairman Approved as to form and legality Kevin Noel[ Assistant County Attorney Packet Page -1231- INSTR 4760695 OR 4853 PG 684 RECORDED 11/8/2012 12:13 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 335.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. PARK EAST DEV. LTD., Respondent 10/28/2014 16.A.21. CASE NO.: CESD20120OMS30 THIS CAUSE came on for public ; I' �bk_rAVn -August 23, 2012, after due notice to Respondent at which time the Board h yto iy under oath, lly "eyidence, and issued its Findings of Fact and Conclusions of Law and theteupotf i�zed�its oral Order which w�d'uoed to writing on August 28, 2012, and furnished to Respondent and was reciird iR- dK-Pab 'c Records of Collib� Carroty, Florida at OR 4832, PG 1934, et. seq. on September 5, 2011. The dgcok*red4he rea pro located .1t 5 t00 27'" Place SW, Naples, FL 34116, Folio 36453120006, more �artit ul 1 ), more particularly desm as of the Public Records of Collier Cpunty,/ F�� ] An Affidavit of Non -Cor pTiasti i n�file e Board by t)ie Q ddc Enforcement Official on September 24, 2012, which Affidavircertified under oath thaiThe required co kdive action has not been taken as ordered. Accordingly, it having been brt tghtto the Board's anentiotn6 Etes{xrndent has not complied with the Order dated August 28, 2012, it is hereby,C ORDERED, that the Respondent, Park t✓ast ev d qty CD�otlier Count}, fines in the amount of $3,300.00 (Order Items 18.. 2) at a rate of $I 00l&a �fbF:tbe= period of September 23, 2012 through October 25, 2012 . (33 days), plus the operational costs of $80.86, for a total of $3,380.86. IT IS FURTHER ORDERED that the fines and costs 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 162.09 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 Appeal shall not stay the Board's Order. DONE AND ORDERED this '50 day of �. 2012 at Collier County, Florida. Jtatr! 0: � U JkStM ;ounry of COWER 1 HEREBY CERTIFY - THAT "ths =rroct coDy a) a at tnarrc n ftlt! M 3amrd Minutes and RttrorM—iif C4tllarC>os* w11WEsS rrl�•npa o thk% aar- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: - .— _ Robert Whda hair 2800 No hoe Drive Naples, 04 Packet Page -1232- 10/28/2014 16.A.21. OR 4853 PG 685 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) - The foregoing instrument was acknowledged before me this -w day of QC10 2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is ✓/ personally known to me or who has produced a Florida Driver's License as identification. KRISTINE W ELATE NARY PU�I3LIC� — ,o� - Notary Public -State of Florida My commission expires' My Gomm. Expires Jun 18.2�t5 =�• 'F` commission # EE 87272 V ss� ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true an copy 6f)thiis%, MER has been sent by U. S. Mail to Park Fast Dev. LTD, do James G. O'Gara, `(r , ate ap1FS; FL 34116 this�"aay of QCJ 2012.'` (06 1 1lG" R d SIT., Sit. 210 a fe FlondB 40111 ! .-1 (2� -82 Packet Page -1233- OR 4853 PG 686 • u OR 4832 PG 1436 0 0 m utx: 2386418 0R: 26i 5 PG; 4984 cDd5 rnr`rc17u :ITti i C12STI C=VC it W 0171:11 UMI:t t MIMI mail, 11 U. nl JICl dJ ll/I5 /IItJ at 11:11TI mm r 1. L"s. 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