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Agenda 02/12/2013 Item #16A 42/12/2013 16.A.4. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $74,081.15 for payment of $1,331.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Carlos and Diana O. Leon, Code Enforcement Case Number CESD20100005001, relating to property located at 5210 Jennings Street, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $74,081.15 code enforcement lien, for payment of $1,331.15, in relation to Code Enforcement Board case number CESD20100005001. CONSIDERATIONS: As a result of code violations at 5210 Jennings Street, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owners Carlos and Diana O. Leon in Code Enforcement Case Number CESD20100005001. The lien was recorded in the Official Public Records on June 8, 2011, at O.R. Book 4690, Page 242, and the lien encumbers all real property owned by Carlos and Diana O. Leon. The fine amount of $74,000 is based on accrued fines for the non - compliance period of 296 days at $250 per day pertaining to additions with expired Collier County permits. A Special Warranty Deed was recorded to Habitat for Humanity on November 22, 2011 and the property was brought into compliance on December 27, 2011. 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 $1,331.15 has been paid. This represents $81.15 in operational costs, and $1,250 in fines. FISCAL RYWACT: Payment of $1,331.15 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $72,750 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 $72,750, accept payment of $1,331.15 and release the lien, and also authorize the Chairwoman to sign the attached release of lien. Prepared By: Jeri Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachment: Release of Lien Packet Page -1101- 2/12/2013 16.A.4. '^ COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to approve the release of lien in the amount of $74,081.15 for payment of $1,331.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Carlos and Diana 0. Leon, Code Enforcement Case Number CESD20100005001, relating to property located at 5210 Jennings Street, Collier County, Florida. Meeting Date: 2/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 1/10/2013 1:18:55 PM Approved By Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 1/11/2013 6:19:13 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/17/2013 3:29:54 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 1/22/2013 8:35:06 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:28:25 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/29/2013 7:13:37 PM Name: KlatzkowJeff Title: County Attorney Packet Page -1102- 2/12/2013 16.A.4. Date: 1/30/2013 10:16:09 AM .� Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 10:59:47 AM Packet Page -1103- 2/12/2013 16.A.4. 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: Carlos & Diana O. Leon, Respondents The lien was recorded June 8,2011 in Official Records Book 4690, Page 242, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven Thousand eight hundred thirty one dollars and fifteen 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 MANOR LAKES REPLAT LOT 44 5210 Jennings Street, 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 t Jeff utacounty Ass Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Packet Page -1104-