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Agenda 10/28/2014 Item #16A2210/28/2014 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $44,236.80, for payment of $1,036.80, in the code enforcement action entitled Board of County Commissioners v. Amerada Hess, Corp., Code Enforcement Board Case No. 2005 -38, relating to property located at 6300 Davis Blvd., 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 $44,236.80, for payment of $1,036.80, in relation to Code Enforcement Board Case No. 2005 -38. CONSIDERATIONS: As a result of a code violation at 6300 Davis Blvd., consisting of the addition of panels to a pole sign without a valid Collier County permit, the Code Enforcement Board ordered the imposition of a lien against Amerada Hess Corp. in Case No. 2005 -38. The lien was recorded in the Official Public Records on February 20, 2006, at O.R. Book 3985, Page 0733, and it encumbers all real and personal property owned by Amerada Hess Corp. The accrued lien amount of $44,236.80 is based on 291 days of accrued fines (December 20, 2005 through October 6, 2006) at $150 per day, plus $586.80 in operational costs. A special warranty deed was recorded on July 10, 2014 in favor of Hess Retail Stores, LLC. The property was brought into compliance on October 6, 2006. 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, compliance was achieved approximately. The property is being actively maintained and the owner has paid $1,036.80. Hess Retail Stores, LLC is requesting a waiver of $43,200 in accrued fines. FISCAL IMPACT: Payment of $1,036.80 in accrued fines has been made, representing $450 in fines and $586.80 in operational costs. If approved by the Board, accrued fines in the amount of $43,200 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 $43,200, accept payment in the amount of $1,036.80, 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: l ) Release and Satisfaction of Lien 2) Lien Order 114 -CED- 00945/1121 178/1 Packet Page -1236- 10/28/2014 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 an accrued value of $44,236.80, for payment of $1,036.80, in the code enforcement action entitled Board of County Commissioners v. Amerada Hess, Corp., Code Enforcement Board Case No. 2005 -38, relating to property located at 6300 Davis Blvd., Collier County, Florida. Meeting Date: 10/28/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 10/1/2014 4:23:04 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 10/2/2014 9:54:10 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 10/2/2014 11:13:43 AM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/2/2014 4:43:54 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/13/2014 9:19:20 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 10/14/2014 9:21:10 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Packet Page -1237- Date: 10/15/2014 1:08:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/15/2014 2:50:16 PM 10/28/2014 16.A.22. Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/18/2014 3:27:19 PM Packet Page -1238- 10/28/2014 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: Amerada Hess Corp. Respondent The lien was recorded on February 20, 2006, in Official Records Book 3985, Page 0733, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five thousand two hundred twenty -six dollars and eighty cents ($5,226.80), 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 Noell Assistant County Attorney Packet Page -1239- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. AMERADA HESS, CORP., Respondents THIS CAUSE came on for p ing before the Doi Respondent at which time the Bo he s ny and Conclusions of Law and then d November 23, 2005 and furnish tQ R sp d t Florida at OR 3941, PG 0961, et. sexp November 23, 2005. ' An Affidavit of Non-Comp e' j s been filed with the December 20, 2005, which Affidavit r v� ordered. 1-1F C 10/28/2014 16.A.22. CEB NO. 2005-38 3787988 OR: 3985 PG: 0733 RSCORDSD iD OIIICIAL ucons of COLLIER cm, n 02/20/2006 at WSW DWIGHT E. BROCI, CLSRI RSC M 18.50 Retmirri: SHIRES! GUCIII COLLAR COOM CODS WICUT rytWORSSSHOS DR :�L 34104 5kPt tuber 22, 2005, after due notice to ` - evrdence, and issued its Findings of Fact `ed tt writing nunc pro tunc on Nc �eeords of Collier County, lie Code Enforcement Official on irrective action had not been taken as Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated November 23, 2005, it is hereby ORDERED, that the Respondent, Amerada Hess, Corp., pay to Collier County fines in the amount of $4,650.00 from December 20, 2005 through January 20, 2006 at VSO per day (Item 3) and $586.80 for the operational costs incurred in the prosecution of this case for a total of 55,226.80. IT IS FURTHER ORDERED that the fines and operational 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. Packet Page -1240- - 10/28/201416.A.22. * ** OR: 3985 PG: 0734 * ** 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, This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property described in Exhibit "A"anndlor any other real or personal property owned by Respondents. cc DONE AND ORDERED this 2ay of _5" 1. , 2006 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrum Raymond Bowie, of the ( known to me or who has CHFtt 't_ DD 24171 MY �µlSS10N / DD 2 ExpIRE5: t CODE ENFORCEMENT BOARD i;@ wie, Acting Chair eshoe Drive l� Naples' 11 j 04 k le jore �thi iT y of ( , -)C� • 2006, by n who is person a Florida Driver's Li44se as We etc iOIL NOT LIC f' e�r►m}tssion expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to CT Corporation System, Reg. Agent, 1200 South Pine Island Road, Plantation,� Florida 3332.4-and to Arnczada Hess Corp., Property Owner, 6300 Davis Blvd., Naples, Florida 34104 this day of fehriz,7pq 2006. state of t LORIUA ;Aunty of COLLSO . I H EREBY CgV0t -..ART fps is a two* correct copy bt o'ti0eutt49ttt Q!t file In Board M161fts and Reogms t -00111 r LTNESS arty tl and ,off dAl ! a" faL day ,Qr Tr DWIGHT E. "Sl&& G C OF COURT# ev: O.C. z M. Jean ,Ason, Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 Packet Page -1241-