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Agenda 04/09/2013 Item #16A 9 4/9/2013 16.A.9. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of$60,803. 5 for payment of $6,753.15, in the Code Enforcement Action entitled Board of County C mmissioners vs. Primitivo Lara, Code Enforcement Case Number CEPM20090000375, relating to property located at 5020 27th Place SW, Collier County, Florida. I OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $60,803.15 code enforcement lien, for payment of$6.753.15, in relation to an Enforcement Special Magistrate case number CEPM20090000375. CONSIDERATIONS: As a result of code violations at 5020 27th Place SW, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") gainst the owner Primitivo Lara in Code Enforcement Case Number CEPM20090000375. The lien was recorded in the Official Public Records on November 5,2009, at O.R. Book 4506, Page 2355, and the lien encumbers all real property owned by Primitivo Lara. The fine amount of$'4,500 is based on accrued fines for the non-compliance period of 218 days at $250 per day pert.ining to an unsafe building caused by fire. The property was brought into compliance by the CI unty on April 13, 2010 and a Tax Deed was issued to Southern Yield LLC on May 28, 2010 and subsequently sold to 5020 27th Place LLC on October 19, 2012. Pursuant to the Board of County Commissioner's Resolution 2012-46, Code nforcement liens and fines on a property that has new ownership, fines that accrued prior to tr.nsfer 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. T e property is in compliance and an amount of $6,753.15 has been paid. This represents $6 185.37 in county abatement costs, $117.78 in operational costs, and $450 in fines for administrat ve costs. FISCAL IMPACT: Payment of$6,753.15 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$54,050 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management 1 mpact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board act on and requires a majority vote for approval. -JW RECOMMENDATION: That the Board waive the fines in the amount o $54,050, accept payment of $6,753.15 and release the lien, and also authorize the Chairwoman to sign the attached release of lien. Prepared By: Jen Baker, Enforcement Supervisor, Code Enforcement De i artment, Growth Management Division, Planning and Regulation Attachment: Release of Lien Packet Page -452- 4/9/2013 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve the release of lien in the amount of $60,803.15 for payment of$6,753.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Primitivo Lara, Code Enforcement Case Number CEPM20090000375, relating to property located at 5020 27th Place SW, Collier County, Florida. Meeting Date: 4/9/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 3/13/2013 10:42:45 AM Approved By Name: FlaggDiane Title:Director-Code Enforcement,Code Enforcement Date: 3/14/2013 2:03:07 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 3/15/2013 2:30:22 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/20/2013 12:33:43 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/27/2013 9:45:19 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/27/2013 12:08:16 PM Name: KlatzkowJeff Title: County Attorney Packet Page -453- 4/9/2013 16.A.9. Date: 3/28/2013 11:51:38 AM Name: OchsLeo Title: County Manager Date: 3/30/2013 5:00:08 PM Ask Packet Page-454- i 4/9/2013 16.A.9. 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: Primitivo Lara, Respondents The lien was recorded November 5, 2009 in Official Records Book 4506 Page 2355, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Nine Thousand eight hundred sixty seven dollars and seventy eight 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 UNIT 7 BLK 261 LOT 3 5020 27th Place SW Naples, FL j 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 C-I-------------Q-' Jeff night Assi aht County Attorney Packet Page-455-