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Agenda 02/12/2013 Item #16A 22/12/2013 16.A.2. /0-%\ EXECUTIVE SUMMARY Recommendation to approve the release of two liens with a combined value of $183,407.20 for payment of $6,707.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Sylvia Derrick Code Enforcement Case Numbers CEPM201000093% and CEAU20100009395, relating to property located at 616 92 °d Avenue N, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $183,407.20 code enforcement liens, for payment of $6,707.20, in relation to Code Enforcement Special Magistrate case number CEPM20100009396 and Code Enforcement Special Magistrate case number CEAU20100009395. CONSIDERATIONS: As a result of code violations at 616 92nd Avenue N, the Code Enforcement Special Magistrate ordered the imposition: of a lien ( "Lien ") against the owner Sylvia Derrick in Code Enforcement Case Number CEPM20100009396. The lien was recorded in the Official Public Records on October 19, 2011, at O.R. Book 4728, Page 1891, and the lien encumbers all real property owned by Sylvia Derrick. The fine amount of $151,250 is based on accrued fines for the non - compliance period of 605 days at $250 per day pertaining to broken windows in the dwelling. A Certificate of Title was recorded to 616 92nd Ave N Trust on November 19, 2012 and the property was brought into compliance on December 11, 2012. As a result of code violations at 616 92nd Avenue N, the Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Sylvia Derrick in Code Enforcement Case Number CEAU20100009395. The lien was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 366, and the lien encumbers all real property owned by Sylvia Derrick. The fine amount of $31,500 is based on accrued fines for the non - compliance period of 315 days at $100 per day pertaining to a fence in disrepair. The property was brought into compliance on February 17, 2012 and a Certificate of Title was recorded to 616 92nd Ave N Trust on November 19, 2012. Fines of $5,600 were previously paid on February 3, 2012 prior to the new ownership recorded on November 19, 2012. Pursuant to the Board of County Commissioner's Resolution 2012 -46, Code Enforcement liens and fines on a property that has 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 $6,707.20 has been paid. This represents $432 in county abatement costs, $225.20 in operational costs, and $6,050 in fines. FISCAL IMPACT: Payment of $6,707.20 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $ 176,700 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. -JW Packet Page -1091- 2/12/2013 16.A.2. RECONUAENDAUON: That the Board waive the fines in the amount of $176,700, accept payment of $6,707.20, release the liens, and authorize the Chairwoman to sign the attached release of liens. Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Release of Lien "I-*N I ?01� I Packet Page -1092- 2/12/2013 16.A.2. � COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve the release of two liens with a combined value of $183,407.20 for payment of $6,707.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Sylvia Derrick Code Enforcement Case Numbers CEPM20100009396 and CEAU2010000939S, relating to property located at 616 92nd Avenue N, Collier County, Florida. Meeting Date: 2/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 1/10/2013 1:15:01 PM r` Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 1/11/2013 6:16:09 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/17/2013 3:10:44 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 1/22/2013 8:33:39 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:28:03 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/29/2013 7:13:08 PM Name: KlatzkowJeff Packet Page -1093- Title: County Attorney Date: 1/30/20139:23:39 AM Name: IsacksonMark 2/12/2013 16.A.2. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 9:52:14 AM ,>-. Packet Page -1094- 2/12/2013 16.A.2. 100'N This Instrument Prepared By: Jeri 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: Sylvia Derrick, Respondents The lien was recorded on October 19, 2011 in Official Records Book 4728, Page 1891, In the Official. Records of Collier County, State of Florida. The lien secures the principal sum of Forty Four Thousand two hundred ninety four dollars and fifty six 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 4 BLK 47 LOT 30 61692 ND 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency J W ght AA(ipfant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman - Packet Page -1095- 2/12/2013 16.A.2. 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: Sylvia Derrick, Respondents The lien was recorded on June 21, 2011 in Official Records Book 4694, Page 366, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Five Thousand seven hundred twelve dollars and sixty 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 4 BLK 47 LOT 30 81692 ND 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 Approved as to form and legal sufficiency t Jeff Wright Assis t County Attorney Georgia A. Hiller, Esq., Chairwoman Packet Page -1096-