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Agenda 01/22/2013 Item #16A 6 1/22/2013 Item 16.A.6. EXECUTIVE SUMMARY Recommendation to approve the release of two liens with a combined value of$514,933.41 for payment of $1,633.41, in the Code Enforcement Actions entitled Board of County Commissioners vs. Alexander and Joanka C. Diaz Dominguez Code Enforcement Case Numbers CESD20090015779 and CEPM20090015776, relating to property located at 669 99th Ave N,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners(Board) accept an offer to release two code enforcement liens with a combined value of $514,933.41, for payment of $1,633.41, in relation to Code Enforcement Board case number CESD20090015779 and Code Enforcement Special Magistrate Case Number CEPM20090015776. CONSIDERATIONS: As a result of code violations at 669 99th Ave N, the Code Enforcement Board ordered the imposition of a lien against the owners, Alexander and Joanka C. Diaz Dominguez Code Enforcement Board Case Number CESD20090015779. The lien was recorded in the Official Public Records on August 2, 2010, at O.R. Book 4591, Page 1753, and the lien encumbers all property owned by Alexander and Joanka C. Diaz Dominguez. The fine amount of$375,500 is based on accrued fines for the non-compliance period of 751 days at$500 per day pertaining to unpermitted electrical in the dwelling. After obtaining title via foreclosure on November 16, 2011, Citibank (the foreclosing lender) brought the violations into compliance (as of July 20, 2012). Citibank then conveyed the property to Naples Real Estate Trust XV, via Special Warranty Deed,which was recorded on October 5,2012. As a result of code violations at 669 99th Ave N, the Special Magistrate ordered the imposition of a lien against the owners, Alexander Dominguez and Joanka Diaz Dominguez in Code Enforcement Special Magistrate Case Number CEPM20090015776. The lien was recorded in the Official Public Records on November 8, 2010, at O.R. Book 4621, Page 2459, and the lien encumbers all property owned by Alexander and Joanka C. Diaz Dominguez. The fine amount of$13$,250 is based on accrued fines for the non-compliance period of 553 days at$250 per day pertaining to an unmaintained pool. This violation was brought into compliance on August 1, 2011,while the property was in foreclosure. Pursuant to the Board of County Commissioner's (BCC's) Resolution 2012-46, where Code Enforcement liens and fines encumber a property that is under new ownership, fines that accrued prior to transfer of title and thirty days following transfer of title would be considered for waiver, as long as the new owner has diligently pursued abatement and compliance has been achieved. The property is in compliance and an amount of $1,633.41 has been paid. This represents $990.20 in county abatement costs, $193.21 in operational costs,and $450.00 in fines. FISCAL IMPACT: Payment of$1,633.41 represents the County's costs and fines. If approved by the Board,accrued fines in the amount of$513,300 would be waived. GROWTH MANAGEMENT IMPACT: None. LE GAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient for Board action, and requires a majority vote for approval. -JW Packet Page-694- 1/22/2013 Item 16.A.6. RECOMMENDATION: That the Board waive the fines in the amount of $513,300, accept n payment of $1,633.41, release the liens, and authorize the Chairwoman to sign the attached release and satisfaction of liens. Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division,Planning and Regulation. Attachment: Release and Satisfaction of Liens /'■ Packet Page-695- 1/22/2013 Item 16A6. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6. Item Summary: Recommendation to approve the release of two liens with a combined value of$514,933.41 for payment of$1,633.41, in the Code Enforcement Action entitled Board of County Commissioners vs. Alexander and Joanka C. Diaz Dominguez Code Enforcement Case Numbers CESD20090015779 and CEPM20090015776, relating to property located at 669 99th Ave N, Collier County, Florida. Meeting Date: 1/22/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 12/19/2012 4:20:43 PM Submitted by Title: Code Enforcement Specialist Name: BakerJennifer 12/19/2012 4:20:44 PM Approved By Name: FlaggDiane Title: Director-Code Enforcement,Code Enforcement Date: 12/19/2012 4:33:32 PM Name:PuigJudy Title: Operations Analyst, GMD P&R Date: 12/27/2012 11:07:31 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 1/9/2013 7:31:32 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Packet Page-696- 1/22/2013 Item 16.A.6. Date: 1/14/2013 9:18:15 AM Name: KlatzkowJeff Title: County Attorney Date: 1/14/2013 9:55:46 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/14/2013 10:14:36 AM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 1/14/2013 10:25:14 AM Packet Page-697- 1/22/2013 Item 16.A.6. This Instrument Prepared By: Jen Baker 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: Alexander Dominguez and Joanka Diaz Dominguez, Respondents The lien was recorded on November 8, 2010 in Official Records Book 4621, Page 2459, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty seven thousand one hundred two dollars and eighty four cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: NAPLES PARK UNIT 3 BLK 28 LOT 8 669 99th Ave N Naples, FL 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 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 Georgia A. Hiller, Esq., Chairwoman Approved as to form and legal sufficiency Jeff ight Assis - -t County Attorney Packet Page-698- 1/22/2013 Item 16.A.6. This Instrument Prepared By: Jen Baker 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: Alexander and Joanka C. Diaz Dominguez, Respondents 1 The lien was recorded on August 2, 2010 in Official Records Book 4591, Page 1753, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Thirteen Thousand eighty dollars and fifty seven cents, plus accrued interest and • penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: NAPLES PARK UNIT 3 BLK 28 LOT 8 669 99th Ave N Naples, FL 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 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 Georgia A. Hiller, Esq., Chairwoman Approved as to form and legal sufficiency t Jeff eight Assi County Attorney Packet Page-699-