Loading...
Agenda 02/12/2013 Item #16A 32/12/2013 16.A.3. - EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $248,998.14 for payment of $1,448.14, in the Code Enforcement Action entitled Board of County Commissioners vs. Brian Christopher and Sylvia Christopher, Code Enforcement Case Number CEPM20080003635, relating to property located at 431 Ibis Way, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $248,998.14 code enforcement lien, for payment of $1,448.14, in relation to Code Enforcement Special Magistrate case number CEPM20080003635. CONSIDERATIONS: As a result of code violations at 431 Ibis Way, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners Brian Christopher and Sylvia Christopher in Code Enforcement Case .Number CEPM20080003635. The lien was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 380, and the lien encumbers all real property owned by Brian Christopher and Sylvia Christopher. The fine amount of $248,000 is based on accrued fines for the non - compliance period of 992 days at $250 per day pertaining to an unmaintained pool. The property was brought into compliance by the County on April 14, 2011 and a Certificate of Title was recorded to Wells Fargo Bank on October 2, 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 $1,448.14 has been paid. This represents $880.80 in county abatement costs, $117.34 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of $1,448.14 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $247,550 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 RECOMMENDATION: That the Board waive the fines in the amount of $247,550, accept payment of $1,448.14 and release the lien, and also authorize the Chairwoman to sign the attached release of lien. Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Release of Lien Packet Page -1097- 2/12/2013 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.3. Item Summary: Recommendation to approve the release of lien in the amount of $248,998.14 for payment of $1,448.14, in the Code Enforcement Action entitled Board of County Commissioners vs. Brian Christopher and Sylvia Christopher, Code Enforcement Case Number CEPM20080003635, relating to property located at 431 Ibis Way, Collier County, Florida. Meeting Dater 2/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 1/10/2013 1:17:11 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 1/11/2013 6:17:47 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/17/2013 3:28:57 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 1/22/2013 8:34:15 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:28:52 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/29/2013 7:06:52 PM Name: KlatzkowJeff Packet Page -1098- Title: County Attorney Date: 1/30/2013 10:09:06 AM 2/12/2013 16.A.3. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 10:49:07 AM Packet Page -1099- 2/12/2013 16.A.3. 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: Brian Christopher & Sylvia Christopher, Respondents The lien was recorded June 21, 2011 in Official Records Book 4694, Page 380, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Eight Thousand nine hundred ninety eight dollars and fourteen 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: QUAIL CROSSING BLK B LOT 15 431 Ibis Way, 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 Jeff Uarig Assi ount y Attorney Georgia A. Hiller, Esq., Chairwoman Packet Page -1100-