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Agenda 02/12/2013 Item #16A 52/12/2013 16.A.5. EXECUTIVE SUMMARY Recommendation to approve the release of two liens with a combined value of $55,975.12 for payment of $675.12, in the Code Enforcement Action entitled Board of County Commissioners vs. Elvis Camacho, Code Enforcement Case Numbers CEPM20100017789 and CEPM20110000638, relating to property located at 2725 70th Street SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $55,975.12 code enforcement liens, for payment of $675.12, in relation to Code Enforcement Special Magistrate case number CEPM20100017789 and Code Enforcement Special Magistrate case number CEPM20110000638. CONSIDERATIONS: As a result of code violations at 2725 7e Street SW, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Elvis Camacho in Code Enforcement Case Number CEPM20100017789. The lien was recorded in the Official Public Records on August 19, 2011, at O.R. Book 4712, Page 466, and the lien encumbers all real property owned by Elvis Camacho. The fine amount. of $42,750 is based on accrued fines for the non - compliance period of 171 days at $250 per day pertaining to an unmaintained pool. The property was brought into compliance on July 11, 2011 and a Certificate of Title was recorded to Deutsche Bank National Trust Company on August 17, 2012. As a result of code violations at 2725 70th Street SW, the Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Elvis Camacho in Code Enforcement Case Number CEPM20110000638. The lien was recorded in the Official Public Records on August 19, 2011, at O.R. Book 4712, Page 460, and the lien encumbers all real property owned by Elvis Camacho. The fine amount of $13,000 is based on accrued fines for the non - compliance period of 52 days at $250 per day pertaining to a building destroyed by fire. The property was brought into compliance on July 11, 2011 and a Certificate of Title was recorded to Deutsche Bank National Trust Company on August 17, 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 $675.12 has been paid. This represents $225.12 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of $675.12 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $55,300 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 -1105- 2/12/2013 16.A.5. RECOMMENDATION: That the Board waive the fines in the amount of $55,300, accept payment of $675.12, 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 Packet Page -1106- 2/12/2013 16.A.5. A#�N COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.5. Item Summary: Recommendation to approve the release of two liens with a combined value of $55,975.12 for payment of $675.12, in the Code Enforcement Action entitled Board of County Commissioners vs. Elvis Camacho, Code Enforcement Case Numbers CEPM20100017789 and CEPM20110000638, relating to property located at 2725 70th Street SW, Collier County, Florida. Meeting Date: 2/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 1/10/2013 1:21:00 PM � Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 1/11/2013 6:20:55 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/22/2013 2:50:05 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:36:01 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/29/2013 8:05:19 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/29/2013 8:55:44 AM Name: KlatzkowJeff Packet Page -1107- Title: County Attorney Date: 1/30/2013 9:26:30 AM Name: IsacksonMark 2/12/2013 16.A.5. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 9:47:31 AM Packet Page -1108- 2/12/2013 16.A.5. 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: Elvis Camacho, Respondents The lien was recorded on August 19, 2011 in Official Records Book 4712, Page 466, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Forty Two Thousand eight hundred sixty two 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: GOLDEN GATE EST UNIT 29 S 150FT OF TR 12, LESS THE W 45FT 2725 70TH STREET SW, FL Collier County, a political subdivision of the State of Florida, by execution of this Release r� 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 Ji#f W 'ght As i ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Packet Page -1109- 2/12/2013 16.A.5. 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: Elvis Camacho, Respondents The lien was recorded on August 19, 2011 in Official Records Book 4712, Page 460, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Thirteen Thousand one hundred twelve 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: GOLDEN GATE EST UNIT 29 S 15OFT OF TR 12, LESS THE W 45FT 2725 70TH STREET SW, 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 'i Jeff ht Ass nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Packet Page -1110-