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Agenda 12/10/2013 Item #16A 9 12/10/2013 16.A.9. EXECUTIVE SUMMARY Recommendation to approve a release of a lien in the accrued amount of$102,000 for payment of $2,800 in the Code Enforcement action entitled Board of County Commissioners vs. Ronald Talerico, Code Enforcement Special Magistrate Case Number CEROW20110014889, relating to property located at 262 Kirtland Drive,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of $102,000, for payment of $2,800, in relation to Code Enforcement Special Magistrate case number CEROW20110014889. CONSIDERATIONS: As a result of code violations at 262 Kirtland Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien against Ronald Talerico, in Case Number CEROW20110014889. The lien was recorded in the Official Public Records on June 7, 2012, at O.R. Book 4804, Page 2605, and encumbers all real property owned by Ronald Talerico. The lien amount of $102,000 is based on accrued fines for the non-compliance period of 509 days at $200 per day ($101,800), plus operational costs ($200), pertaining to a drainage swale in rear of the property that was filled without first obtaining the proper Collier County permits and inspections. A Warranty Deed was recorded to 262 KIR, LLC, on July 30, 2013. The property was brought into compliance on September 11, 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 consider 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 $2,800 has been paid. This represents $200 in operational costs and $2,600 (13 days at $200 per day) in post-acquisition fines. FISCAL IMPACT: Payment of$2,800 represents the County's costs ($200) and post-acquisition fines ($2,600). If approved by the Board, accrued fines in the amount of$99,200 would be waived. 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 waive the fines in the amount of$99,200, accept payment of $2,800, and authorize the Chairwoman to sign the attached Release and Satisfaction of Lien. Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachments: Release and Satisfaction of lien Packet Page-796- 12/10/2013 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve a release of lien in the accrued amount of $102,000 for payment of$2,800 in the Code Enforcement action entitled Board of County Commissioners vs. Ronald Talerico, Code Enforcement Special Magistrate Case Number CER0W20110014889, relating to property located at 262 Kirtland Drive, Collier County, Florida. Meeting Date: 12/10/2013 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforce 10/17/2013 9:07:42 AM Approved By Name: PuigJudy Title:Operations Analyst, GMD P&R Date: 11/5/2013 4:33:16 PM Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 11/7/2013 9:39:04 AM Name:NoellKevin Title:Attorney of Record(CAO) Date: 11/7/2013 1:32:16 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/13/2013 1:09:26 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/14/2013 12:13:31 PM Name: KlatzkowJeff Title: County Attorney Packet Page-797- 12/10/2013 16.A.9. Date: 11/15/2013 2:15:12 PM OchsLeo Title: County Manager Date: 11/19/2013 1:45:05 PM Packet Page-798- 12/10/2013 16.A.9. This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2487 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: Ronald Talerico, Respondent The lien was recorded on June 7, 2012, in Official Records Book 4804, Page 2605, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Five Thousand, Eight Hundred Dollars and No Cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. 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 legality Kevin Noell Assistant County Attorney Packet Page-799-