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Agenda 03/12/2013 Item #16A 4 3/12/2013 16.A.4. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $17,662 for payment of $1,362, in the Code Enforcement Action entitled Board of County Commissioners vs. Olga Nikolakopoulos, Code Enforcement Case Number CEPM20100005355, relating to property located at 1412 Monarch Circle, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $17,662 code enforcement lien, for payment of$1,362, in relation to Code Enforcement Special Magistrate case number CEPM20100005355. CONSIDERATIONS: As a result of code violations at 1412 Monarch Circle, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owner Olga Nikolakopoulos in Code Enforcement Case Number CEPM20100005355. The lien was recorded in the Official Public Records on May 9, 2011, at O.R. Book 4679, Page 2418, and the lien encumbers all real property owned by Olga Nikolakopoulos. The fine amount of $16,750 is based on accrued fines for the non-compliance period of 67 days at$250 per day pertaining to an unmaintained pool. The property was brought into compliance by the County on December 28, 2010 and a Certificate of Title was recorded to Nationstar Mortgage on October 15, 2012 and subsequently sold to Justin L. Turnbo on January 30, 2013. 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 $1,362 has been paid. This represents $799.80 in county abatement costs, $112.20 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of$1,362 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$16,300 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 RECOMMENDATION: That the Board waive the fines in the amount of $16,300, accept payment of$1,362 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-1037- 3/12/2013 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$17,662 for payment of$1,362, in the Code Enforcement Action entitled Board of County Commissioners vs. Olga Nikolakopoulos, Code Enforcement Case Number CEPM20100005355, relating to property located at 1412 Monarch Circle, Collier County, Florida. Meeting Date: 3/12/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 2/13/2013 10:15:01 AM Approved By Name: FlaggDiane Title: Director-Code Enforcement,Code Enforcement Date: 2/13/2013 1:30:18 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 2/20/2013 2:53:36 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/26/2013 1:22:58 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/28/2013 2:34:38 PM Name: KlatzkowJeff Title: County Attorney Date: 2/28/2013 2:58:27 PM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page-1038- 3/12/2013 16.A.4. Date: 3/1/2013 5:06:40 PM Name: OchsLeo Title: County Manager Date: 3/3/2013 11:03:35 AM Packet Page -1039- 3/12/2013 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: Olga Nikolakopoulos, Respondents The lien was recorded May 9, 2011 in Official Records Book 4679, Page 2418, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seventeen Thousand six hundred sixty two dollars and zero 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: BERKSHIRE VILLAGE AT BERKSHIRE LAKES BLK A LOT 30 1412 Monarch Circle 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 JefcW fight Assistant County Attorney Packet Page-1040-