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Agenda 12/10/2013 Item #16A 8 12/10/2013 16.A.8. EXECUTIVE SUMMARY Recommendation to approve the partial release of a lien in the accrued amount of$79,430.86 for payment of$530.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Elias Nicot, relating to property known as Parcel No.38552520000,on 37th Avenue NW(no physical address),Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code enforcement lien for payment of $530.86, as to Parcel No. 38552520000 only, in relation to Code Enforcement Board Case No. CESD20100003911. CONSIDERATIONS: As a result of code violations at 670 20th Street NE,the Code Enforcement Board ordered the imposition of a lien against Elias Nicot in Case No. CESD20100003911. The lien was recorded in the Official Public Records on July 12, 2012, at O.R. Book 4816, Page 1522, and it encumbers all real property owned by Elias Nicot. The fine amount of$79,350 is based on accrued fines for the non-compliance period of 529 days (as of Nov. 1, 2013) at $150 per day, pertaining to an expired/cancelled Collier County building permit for a concrete block single family residence. The violation at 670 20th Street has not been abated, but this request for a partial release is for a different parcel (folio 38552520000), which contains no code violations. This latter parcel was encumbered by the lien as a result of common ownership by Elias Nicot. Although this parcel is now under new ownership, the lien continues to encumber the property due to the fact that it was owned by Elias Nicot at the time of lien imposition. The property is in compliance and an amount of $530.86 has been paid. This represents $80.86 in operational costs, and $450 in fines. Since code enforcement liens encumber all property owned by Elias Nicot, the request for a partial release involves only folio number 38552520000. This parcel does not have any code violations. FISCAL IMPACT: Payment of$530.86 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$78,900 would be waived with respect to Parcel No. 38552520000 only. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board's policy contained in Resolution 2012-46. -KN RECOMMENDATION: That the Board partially waive the fines in the amount of $78,900, accept payment of$530.86 and partially release the lien, and also authorize the Chairwoman to sign the attached Partial Release of Lien. Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division,Planning and Regulation. Attachment: Partial Release of Lien Packet Page-792- 12/10/2013 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve the partial release of a lien in the accrued amount of$79,430.86 for payment of$530.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Elias Nicot, relating to property known as Parcel No. 38552520000, on 37th Avenue NW (no pshysical address), Collier County, Florida. Meeting Date: 12/10/2013 Prepared By Name: SerranoMarlene Title:Manager-Code Enforcement Operations,Code Enforce 8/29/2013 4:01:43 PM Approved By Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 11/5/2013 10:36:54 AM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 11/5/2013 4:22:50 PM Name:NoellKevin Title:Attorney of Record(CAO) Date: 11/5/2013 4:42:41 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/13/2013 1:09:18 PM Name: KlatzkowJeff Title: County Attorney Date: 11/15/2013 2:15:04 PM Name: FinnEd Title: Senior Budget Analyst,OMB Packet Page-793- 12/10/2013 16.A.8. Date: 11/18/2013 5:28:03 PM Name: OchsLeo Title: County Manager Date: 11/19/2013 2:21:52 PM Packet Page-794- 12/10/2013 16.A.8. This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2487 PARTIAL 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: Elias Nicot, Respondent The lien was recorded on July 12, 2012 in Official Records Book 4816, Page 1522, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Six Thousand and Six Hundred and No 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 37, E 150 FT OF TRACT 37, According to the plat thereof, as recorded in P.B. 7, pages 88-89 Parcel No: 38552520000 Collier County, a political subdivision of the State of Florida, by execution of this Partial 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 with respect to the above-described property only. The Clerk of the Circuit Court is hereby directed to record this Partial 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 legality Kevin Noell Assistant County Attorney Packet Page-795-