Loading...
Agenda 03/26/2013 Item #16A 83/26/2013 16.A.8. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $314,557.86 for payment of $807.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Naples Property Services, LLC, Code Enforcement Case Number 2007050653, relating to property located at 865 95th Ave N, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $314,557.86 code enforcement lien, for payment of $807.86, in relation to Code Enforcement Board case number 2007050653. CONSIDERATIONS: As a result of code violations at 865 95th Ave N, the Code Enforcement Board ordered the imposition of a lien ( "Lien") against the owner Naples Property Services, LLC in Code Enforcement Case Number 2007050653. The lien was recorded in the Official Public Records on April 9, 2009, at O.R. Book 4442, Page 2337, and the lien encumbers all real property owned by Naples Property Services, LLC. The fine amount of $314,200 is based on accrued fines for the non - compliance period of 1,571 days at $200 per day pertaining to multiple structures with interior and exterior alterations without obtaining Collier County permits. A Warranty Deed was recorded to Gregory G. Boll and Ewa L. Boll on April 8, 2010. The property was brought into compliance on December 12, 2012. Pursuant to the Board of County Commissioner's Resolution 2012 -46, when payment of the full lien amount would impose a severe hardship on the property owner; fines accrued by an existing owner would be considered for waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The property is in compliance and an amount of $807.86 has been paid. This represents $357.86 in operational costs and $450 in fines for administrative costs. The current property owner is requesting a full waiver of fines due to the fact that the fines would impose a severe financial hardship as stated in a letter attached from Mr. Boll. FISCAL E%IPACT: Payment of $807.86 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $313,750 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 $313,750, accept payment of $807.86 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. Attachments: Release of Lien and Hardship Letter Packet Page -489- 3/26/2013 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve the release of lien in the amount of $314,557.86 for payment of $807.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Naples Property Services, LLC, Code Enforcement Case Number 2007050653, relating to property located at 865 95th Ave N, Collier County, Florida. Meeting Date: 3/26/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 2/28/2013 1:57:27 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/28/2013 4:23:37 PM Name: LynchDiane Title: Administrative Assistant Date: 3/1/2013 10:27:12 AM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 3/5/2013 9:22:50 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/13/2013 7:34:30 AM Name: KlatzkowJeff Title: County Attorney Date: 3/13/2013 8:28:58 AM Name: FinnEd n Title: Senior Budget Analyst, OMB Packet Page -490- Date: 3/15/2013 12:49:16 PM Name: KlatzkowJeff Title: County Attorney Date: 3/15/2013 3:05:12 PM Name: OchsLeo Title: County Manager Date: 3/15/2013 4:28:07 PM Packet Page -491- 3/26/2013 16.A.8. 3/26/2013 16.A.8. 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: Naples Property Services, LLC, Respondents The lien was recorded April 9, 2009 in Official Records Book 4442, Page 2337, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Forty Three Thousand six hundred 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: NAPLES PARK UNIT 5 BLK 60 865 95"' 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 Je Wr'ght Assi int County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -492- Georgia A. Hiller, Esq., Chairwoman 3/26/2013 16.A.8. February 6, 2013 Greg Boll 2263 Coach House Lane Naples, FL 34105 Diane B. Flagg, Director Code Enforcement Department Growth Management Division /Planning & Regulation 2800 N. Horseshoe Dr. Naples, FL 34104 Dear Diane B: Flagg, I am the owner of 865 951h Ave. N., Naples, FL, Folio # 62769000004. Since purchasing the property in April of 2010,1 have been working diligently to bring the property into compliance. I have spent 235,000.00 dollars to bring the property into compliance and a 189,400.00 fine would impose a severe financial hardship. Regards, .",*r ec�v Gregory Boil Packet Page -493-