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Agenda 11/18/2014 Item # 16A1411 /18/2014 16.A.14. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $20,612.47, for payment of $562.47, in the code enforcement action entitled Board of County Commissioners v. John M. Ferner, Code Enforcement Special Magistrate Case No. CEPM20110012778, relating to property located 789 107th Avenue N., 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 $20,612.47, for payment of $562.47, in relation to Code Enforcement Special Magistrate Case No. CEPM20110012778. CONSIDERATIONS: As a result of a code violation at 789 107th Avenue N., consisting of broken garage door windows and degraded soffit, the Code Enforcement Special Magistrate ordered the imposition of a lien against John M. Ferrier in Case No. CEPM20110012778. The lien was recorded in the Official Public Records on July 20, 2012, at O.R. Book 4818, Page 3949, and it encumbers all real and personal property owned by John M. Ferrer. The accrued lien amount of $20,612.47 is based on 82 days of accrued fines (May 26, 2012 through August 15, 2012) at $250 per day, plus $112.47 in operational costs. Following a foreclosure (Case No. 201 l -CA- 4052), a Certificate of Title was recorded on October 8, 2013 in favor of Nationstar Mortgage, LLC. The property was brought into compliance on August 15, 2012. The property was then sold to Rebecca J. Maddox on January 16, 2014. The County's lien for this property was filed after the foreclosure lis pendens, and is not presently enforceable as to the property in question. 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. The property is being actively maintained and the new owner has paid $562.47. Ms. Maddox is requesting a waiver of $20,050 in accrued fines. FISCAL IMPACT: Payment of $562.47 in accrued fines has been made, representing $450 in fines and $112.47 in operational costs. If approved by the Board, accrued fines in the amount of $20,050 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 $20,050, accept payment in the amount of $562.47, release the lien, and authorize the 14 -C ED- 00947/ 1122894/ 1 Packet Page -1067- 11/18/2014 16.A.14. 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 14 -CED- 00947/1122 894/1 Packet Page -1068- 11 /18/2014 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $20,612.47, for payment of $562.47, in the code enforcement action entitled Board of County Commissioners v. John M. Ferner, Code Enforcement Special Magistrate Case No. CEPM20110012778, relating to property located 789 107th Avenue N., Collier County, Florida. Meeting Date: 11/18/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 10/9/2014 10:08:27 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/14/2014 4:50:26 PM Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 10/15/2014 8:35:58 AM Name: 'Noel lKevin Title: Assistant County Attorney, CAO General Services Date: 10/15/2014 11:43:06 AM Name: Marcel I a.Teanne Title: Executive Secretary, Transportation Planning Date: 11/3/2014 11:24:23 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2014 2:24:28 PM Name: IsacksonMark Packet Page -1069- 11 /18/2014 16.A.14. Title: Director -Corp Financial and Mngint Svs, Office of Management & Budget Date: 11/4/2014 9:20:36 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 11 /4/2014 12:57:52 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/6/2014 3:38:19 PM Packet Page -1070- 11 /18/2014 16.A.14. 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: John M. Ferner Respondent The lien was recorded on July 20, 2012, in Official Records Book 4818, Page 3949, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of ten thousand six hundred twelve dollars and forty -seven cents ($10,612.47), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tom Henning, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page -1071- INSTR 4720115 OR 4818 PG 3949 RECORDED 712012012 3:57 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC b18.50 COLLIER COUNTY CODE. ENFORCEMENT SPECIAL NIAGISTRATE Case No. - CEPN120110012778 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, \'S. JOHN M. FERNER, Respondent. 1v I THIS CAUSE came hefc��`e iihe'�' Motion for Imposition of Finch jgtiss on R: respective to all appropriate `triauers meter Magistrate, as follows: F 11 /18/2014 16.A.14. /LIENS \ �ofr Oliclhearing upon the Petitioner's thpdcial Lagistrate, having heard argument s Fm?ii i�st� Fact and Order of the Special r ACT 1. On May 18, 2012, Respondent-4 s Sn}tn *�} �f iii>iation of Collier County Code of Laws and Ordinances, Chapter 22 Buildings and$u' tieulations, Article VI Property Maintenance Code, Section 22 -228 and Section 22- 231(12)(i) and Section 22- 231(12)(c) for windows broken in gamge door and soffit that is falling down, which violation occurred on the property located at 789 107" Avenue N, Nanles, FL Folio 1-62423160002 (Legal Description: NAPLES PARK UNIT 1 BLK 13 LOT 3 OR 1727 PG 2052). 2. An Order was entered by the Spccial lagistrate ordering Respondent to abate the violation on or before May 25, 2012, or a ine of S250.00 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 4804, PG 2720). 3. Operational costs of SI 12.47 incurred by the County in the prosecution of this case were ordered to be 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. The violation has not been abated as of the date ofthe hearing_ Packet Page -1072- * ** OR 4818 PG 3950 * ** ORDER 11/18/2014 16.A.14. 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. Daily fines of S250.00 per day are assessed against Respondent for 42 days for the period from May 26, 2012 to July 6, 2012, for a total amount of fines of S 10,500.00. C. Respondent shall pay the previously assessed operational costs of Sl 12.47. D. Respondent is ordered to pay fines and costs in the total amount of 510.612,4-7 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The daily fine of 5250.00 shall wtltgnb -t t Iec� en eetC�rttt� -at atement has been confirmed by a Collier County Code Enforcement Inesigiliar ^�'�//11` f DONE AND OP.DERED this' iS? r of 20H;-'at Collier County, Florida. -= t o _R C0L- NTYCODE ENFORCEMENT SPECKS 1IAGI$TRATE V, r�;� f PA1'MFNT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2500 North Horseshoe Drive, 'Naples, FL 34104, fax (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the oblivations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special i,fagistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. slams Ot f v;Ktut+ ;ounty of CGi;Ci cc: Respondent -John M. Ferrier Collier Co. Code Enforcement Dept. t H1Ei4E$Y,1t tA�T then g trr;e asd 9r ' �a�tsocuTi�m on file to ca unutes andAeco of CcStiet Ctyot t wli SS tfL h t►a t�r►C efflcial seal" �WIGH{T.'f .CLERK � COURTS '� Packet Page - 1073 -