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Agenda 12/10/2013 Item #16A11 12/10/2013 16.A.11 . EXECUTIVE SUMMARY Recommendation to approve a release of lien in the amount of $21,912.38 for payment of $562.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Teresa Lee Haney, Special Magistrate Case No. CEAU20120004466, relating to property located at 857 105th Avenue N., Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $21,912.38 code enforcement lien, for payment of $562.38, in relation to Code Enforcement Special Magistrate Case No. CEAU20120004466. CONSIDERATIONS: As a result of code violations at 857 105th Avenue N., the Special Magistrate ordered the imposition of a lien against all real and personal property of Teresa Lee Haney, in Case Number CEAU20120004466. The lien was recorded in the Official Public Records on November 16, 2012, at O.R. Book 4855, Page 2533, and encumbers all real and personal property owned by Teresa Lee Haney. The total lien amount of$21,912.38 is based on accrued fines for the non-compliance period of 218 days at $100 per day($21,800),plus $112.38 in operational costs, pertaining to a fence in disrepair. Ms. Haney has been the record owner of this property since August 27, 2007. The property was brought into compliance on May 13, 2013. Pursuant to Resolution 2012-46, the property owner has abated the violation, and fines are no longer accruing. Given the nature and history of the underlying violation (a fence in disrepair that was eventually demolished), and the financial hardship associated with paying the full lien amount, a waiver of all but $450 of the accrued fines is being recommended. FISCAL IMPACT: Payment of$562.38 has been provided, representing the County's costs ($112.38) and $450 in fines; accrued fines in the amount of$21,350 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote to approve. 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 $21,350, accept payment of$562.38 and release the lien, and also authorize the Chairwoman to sign the attached release of lien. Prepared By: Marlene Serrano, Manager of Operations, Code Enforcement Department, Growth Management Division, Planning and Regulation. Attachments: Release of Lien Packet Page-804- 12/10/2013 16.A.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve a release of lien in the amount of $21,912.38 for payment of$562.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Teresa Lee Haney, Special Magistrate Case No. CEAU20120004466, relating to property located at 857 105th Avenue N., Collier County, Florida. Meeting Date: 12/10/2013 Prepared By Name: SerranoMarlene Title:Manager-Code Enforcement Operations,Code Enforce 11/5/2013 2:57:28 PM Approved By Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 11/15/2013 2:58:19 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 11/15/2013 3:08:14 PM Name:NoellKevin Title:Attorney of Record (CAO) Date: 11/15/2013 3:33:41 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 11/18/2013 8:47:01 AM Name: KlatzkowJeff Title: County Attorney Date: 11/18/2013 11:12:29 AM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page-805- 12/10/2013 16.A.11. Date: 11/18/2013 3:41:26 PM Name: OchsLeo Title: County Manager Date: 11/19/2013 2:20:51 PM • Packet Page-806- 12/10/2013 16.A.11 . 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: Teresa Lee Haney, Respondent The lien was recorded November 16, 2012 in Official Records Book 4855, Page 2533, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Thousand seven hundred twelve dollars and thirty eight 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 7/.2 Kevin Noell Assistant County Attorney Packet Page-807-