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Agenda 03/27/2018 Item #16A 303/27/2018 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $1,077,314.36 for payment of $1,014.36 in the code enforcement action entitled Board of County Commissioners v. Curtis D. and Brenda Blocker, Code Enforcement Board Case No. 2000010616 relating to property located at 511 New Market Rd, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement lien with an accrued value of $1,077,314.36 for payment of $1,014.36 in relation to Code Enforcement Board Case No. 2000010616. CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the imposition of a lien against Curtis D. and Brenda Blocker, in Case No. 2000010616 for code violations at 511 New Market Rd, consisting of mobile homes that have been placed on “C-5-AOSD” zoned property in Collier County, increasing the density without prior Collier County Zoning and Planning review, without first obtaining a Collier County Building Permit. The lien was recorded in the Official Records on March 30, 2007, at O.R. Book 4205, Page 0799. The lien amount of $1,077,314.36 is based on 4,307 days of accrued fines ($250 per day from April 5, 2006 through January 18, 2018) $1,0 76,750 plus $564.36 in operational costs. The property was brought into compliance on January 18, 2018. Before a code enforcement lien settlement recommendation is made to the Board, the following conditions must be taken into consideration: a code enforcement lien encumbers property that the fine/lien amount is fixed and no longer accruing on a periodic basis; the underlying violation(s) resulting in the fine/lien has been abated or corrected; history of violations involving the offering party; the amount recovered will equal or exceed the costs and expenses incurred by the County in prosecuting the violation and obtaining, recording, and enforcing the fine/lien. These conditions have been taken into consideration in making this recommendation for reduction. The Board of County Commissioners approved on January 14, 2014, a partial release accommodating compliance options for this and other Immokalee mobile home parks. Because the mobile home park(s) were under an ongoing review, compliance options for the underlying code violation(s) were not possible. The requirements were amended in Ordinance No. 16-27 Subsection 3.F. Section 2.03.07(6) and approved by the Board on September 13, 2016. The property owners were unable to abate the violation in a timely manner since the County was in the process of amending the land development code. Once the process was accepted by the Board, the owners diligently abated the violations and the final Site Improvement Plan was approved on January 18, 2018. The property is being actively maintained and $1,014.36 has been paid in settlement of fines. The owner is requesting a waiver of $1,076,300 in accrued fines. There are no known violations. FISCAL IMPACT: Payment of $1,014.36 in settlement of fines has been made, representing $450 in fines and $564.36 in operational costs. If approved by the Board, accrued fines in the amount of $1,076,300 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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. - KLN 16.A.3 Packet Pg. 498 03/27/2018 RECOMMENDATION: To waive the fines in the amount of $1,076,300, accept payment amount of $1,014.36, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Release and Satisfaction of Lien - KN signed (PDF) 2. Lien (PDF) 16.A.3 Packet Pg. 499 03/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 4793 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $1,077,314.36 for payment of $1,014.36 in the code enforcement action entitled Board of County Commissioners v. Curtis D. and Brenda Blocker, Code Enforcement Board Case No. 2000010616 relating to property located at 511 New Market Rd, Collier County, Florida. Meeting Date: 03/27/2018 Prepared by: Title: Administrative Assistant – Code Enforcement Name: Nancy CardinaleLower 02/06/2018 10:52 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 02/06/2018 10:52 AM Approved By: Review: Code Enforcement Marlene Serrano Additional Reviewer Completed 02/06/2018 10:55 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 02/06/2018 1:12 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 02/12/2018 10:17 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/12/2018 10:50 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/12/2018 12:11 PM Growth Management Department James French Deputy Department Head Review Completed 03/05/2018 1:35 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/05/2018 3:09 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/06/2018 11:16 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/08/2018 9:12 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2018 11:04 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM 16.A.3 Packet Pg. 500 16.A.3.a Packet Pg. 501 Attachment: Release and Satisfaction of Lien - KN signed (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 502 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 503 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 504 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 505 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 506 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 507 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 508 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 509 Attachment: Lien (4793 : Blocker, Release of Lien) 16.A.3.b Packet Pg. 510 Attachment: Lien (4793 : Blocker, Release of Lien)