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Agenda 02/28/2012 Item #16A 52/28/2012 Item 16.A.5. EXECUTIVE SUMMARY Recommendation to approve the release of two liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Roilan Perez, Code Enforcement Board Case No. 2007 -37, and Special Magistrate Case No. 2007 - 080668, relating to property located at 1974 46th Street SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the release of two code enforcement liens for a combined payment of $2,076.32, in relation to the Code Enforcement Board (CEB) actions entitled Board of County Commissioners vs. Roilan Perez, CEB Case No. 2007 -37, and Special Magistrate (OSM) Case No. 2007 - 080668. CONSIDERATIONS: CEB Case 2007 -37: As a result of code violations at 1974 46th Street SW, the Code Enforcement Board ordered the imposition of a lien. The lien was recorded in the Official Public Records on October 8, 2007, at O.R. Book 4289, Page 3957. Based on accrued fines for the non - compliance period of 65 days at $200 per day for Part One of the order, and 1,467 days at $200 per day for Part Two of the order, the accrued lien amount is $307,266.49 for failure to apply for and obtain a valid Collier County building permit and interior and exterior conversion and non - permitted construction. The accrued lien amount includes operational costs of $366.67 and county abatement costs of $499.82. On October 12, 2010, Countrywide Home Loans, Inc. acquired the property through foreclosure. On September 6, 2011; Countrywide conveyed the property to Habitat for Humanity of Collier County, Inc. The violations were brought into compliance on September 8th, 2011. Fines in the amount of $400.00 accrued after new ownership. Pursuant to Resolution 2010 -101, code enforcement liens and fines that accrued prior to new ownership are considered for waiver as long as the new owner has diligently pursued abatement and compliance has been achieved. All fines and costs for the new property owner in the amount of $1,266.49 (representing operational costs, abatement costs, and $400 in post - acquisition fines) have been paid. The remaining fines of $306,000 would be waived pursuant to the Resolution. OSM Case 2007 - 080668: As a result of code violations at 1974 46th Street SW, the Special Magistrate ordered the imposition of a lien against the owner, Roilan Perez. The lien was recorded in the Official Public Records on April 22, 2008, at O.R. Book 4352, Page 1681. Based on accrued fines for the non - compliance period of 178 days at $100 per day for Part One of the order, and 1,252 days at $100 per day for Part Two of the order, the accrued lien amount is $143,409.83 for having a residential swimming pool without a protective safety enclosure or fence. The accrued lien amount includes operational costs of $264.02 and county abatement costs of $145.81. The violation was brought into compliance on September 8th, 2011. Fines in the amount of $400 accrued after new ownership. Pursuant to Resolution 2010 -101, code enforcement liens and fines that accrued prior to new ownership are considered for waiver as long as the new owner has diligently pursued abatement and compliance has been achieved. All fines and costs for the new property owner in the amount of $809.83 (representing operational costs, abatement costs, and $400 in post- acquisition fines) have been paid. The remaining fines of $142,600.00 would be waived pursuant to the Resolution. Packet Page -970- 2/28/2012 Item 16.A.5. FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board, accrued fines in the amount of $448,600.00 will 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 and release the Liens, as described herein, and by approval of this item, authorize the Chairman to sign the attached releases of lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Two Lien Releases Packet Page -971- 2/28/2012 Item 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. Item Summary: Recommendation to approve the release of two liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Roilan Perez, Code Enforcement Board Case No. 2007 -37, and Special Magistrate Case No. 2007 - 080668, relating to property located at 1974 46th Street SW, Collier County, Florida. Meeting Date: 2/28/2012 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 1/19/2012 11:39:48 AM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 1/19/2012 11:39:50 AM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/1/2012 1:43:01 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 2/3/2012 2:39:12 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/3/2012 4:30:22 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/6/2012 11:01:14 AM Packet Page -972- Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/16/2012 1:15:04 PM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:52:25 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/17/2012 4:17:34 PM Name: SheffieldMichael Title: Manager - Business Operations, CMO Date: 2/21/2012 11:18:51 AM Packet Page -973- 2/28/2012 Item 16.A.5. This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s certain lien against all real and personal property owned by Roilan Perez 2/28/2012 Item 16.A.5. the BOARD OF COUNTY the owner and holder of a The lien was recorded on October 8, 2007, in Official Records Book 4289, Page 3957, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirteen thousand eight hundred sixty -six dollars and forty -nine cents, plus accrued fines. Collier County, a political subdivision of the State of Florida, by execution of this Release of Lien, acknowledges receipt of payment and hereby cancels and releases the lien. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release of Lien, by action of the Board on this day of , 2012. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jelf E. Wright A ist nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Packet Page -974- This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 RELEASE OF LIEN 2/28/2012 Item 16.A.5. KNOW ALL MIEN 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: Roilan Perez The lien was recorded on April 22, 2008, in Official Records Book 4352, Page 1681, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eighteen thousand two hundred nine dollars and eighty -three cents, plus accrued fines. Collier County, a political subdivision of the State of Florida, by execution of this Release of Lien, acknowledges receipt of payment and hereby cancels and releases the lien. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release of Lien, by action of the Board on this day of , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency Jeff E right hgsgsWant County Attorney By: Packet Page -975- Fred W. Coyle, Chairman