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Agenda 06/11/2013 Item #16A 36/11/2013 16.A.3. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $66,382.47 for payment of $1,332.47, in the Code Enforcement Action entitled Board of County Commissioners vs. Erasmo Armando Aragon, Code Enforcement Board Case Number CEPM20110016069, relating to property located at 5235 32nd Ave SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $66,382.47 code enforcement lien, for payment of $1,332.47, in relation to Code Enforcement Board case number CEPM20110016069. CONSIDERATIONS: As a result of code violations at 5235 32nd Ave SW, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner Erasmo Armando Aragon in Code Enforcement Case Number CEPM20110016069. The Lien was recorded in the Official Public Records on July 20, 2012, at O.R. Book 4818, Page 3951, and the Lien encumbers all real property owned by Erasmo Armando Aragon. The fine amount of $65,500 is based on accrued fines for the non - compliance period of 262 days at $250 per day pertaining to a broken window and several unsecured doors and windows. A Certificate of Title was recorded to MFC Investments, LLC on November 27, 2012 and the property was brought into compliance on December 3, 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 $1,332.47 has been paid. This represents $770.00 in county abatement costs, $112.47 in operational costs, and $450 in fines for administrative costs. FISCAL IMPACT: Payment of $1,332.47 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $65,050 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 $65,050, accept payment of $1,332.47 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 -886- 6/11/2013 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.3. Item Summary: Recommendation to approve the release of lien in the amount of $66,382.47 for payment of $1,332.47, in the Code Enforcement Action entitled Board of County Commissioners vs. Erasmo Armando Aragon, Code Enforcement Board Case Number CEPM20110016069, relating to property located at 5235 32nd Ave SW, Collier County, Florida. Meeting Date: 6/11/2013 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 5/14/2013 1:41:50 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/15/2013 1:22:46 PM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 5/15/2013 2:19:32 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/21/2013 4:01:43 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/29/2013 10:42:58 AM Name: KlatzkowJeff Title: County Attorney Date: 5/30/2013 8:31:24 AM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -887- Date: 6/3/2013 9:36:11 AM Name: OchsLeo Title: County Manager Date: 6/3/2013 11:36:10 AM Packet Page -888- 6/11/2013 16.A.3. 6/11/2013 16.A.3. 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: Erasmo Armando Aragon, Respondents The lien was recorded July 20, 2012 in Official Records Book 4818 Page 3951, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Twenty Eight Thousand eight hundred eighty two dollars and forty seven 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 237 LOT 17 523532 Id Ave SW 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 IN Deputy Clerk Approved as to form and legal sufficiency x Jeff, Wri t Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Packet Page -889- IN om