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Agenda 02/28/2012 Item #16A 62/28/2012 Item 16.A.6. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Raul and Martha Reyes , Code Enforcement Special Magistrate Case No. CEPM- 2010 - 0003246, relating to property located at 7893 Umberto Court, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code enforcement lien for payment of $1,146.91, in relation to the Code Enforcement Special Magistrate (OSM) action entitled Board of County Commissioners vs. Raul and Martha Reyes, OSM Case No. CEPM- 2010 - 0003246. CONSIDERATIONS: As a result of code violations at 7893 Umberto Court, the Code Enforcement Special Magistrate ordered the imposition of a lien against the owners, Raul and Martha Reyes. The lien was recorded in the Official Public Records on July 30, 2010, at O.R. Book 4590, Page 2161. Based on accrued fines for the non - compliance period of 25 days at $250 per day for Part One of the order, and 25 days at $250 per day for Part Two of the order, total accrued fines are $12,500. The underlying violations are for a vacant home with pool water in green, stagnant condition as well as torn screening on pool cage. The total accrued lien amount is $13,196.91, representing $12,500 in fines, operational costs of $112.91, and County abatement costs of $584. The property was brought into compliance on May 21, 2010. On October 28, 2011, the Bank of New York obtained title to this property through foreclosure. The Bank of New York is requesting a waiver of $12,500 in fines since the violation occurred and was abated prior to their ownership of the property. 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. The new property owner has paid $1,146.91, representing operational costs, abatement costs, and administrative costs. Remaining fines in the amount of $12,500 would be waived pursuant to the Resolution. FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board, accrued fines in the amount of $12,500 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 Lien, as described herein, and by approval of this item, authorize the Chairman to sign the attached release of lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release of lien. Packet Page -976- 2/28/2012 Item 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6. Item Summary: Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Raul and Martha Reyes, Code Enforcement Special Magistrate Case No. CEPM- 2010 - 0003246, relating to property located at 7893 Umberto Court, Collier County, Florida. Meeting Date: 2/28/2012 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 1/23/2012 11:19:44 AM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 1/23/2012 11:19:46 AM Approved By Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/1/2012 1:43:12 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 2/3/2012 2:42:00 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/6/2012 11:01:39 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/10/2012 3:52:38 PM Packet Page -977- Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/16/2012 1:18:28 PM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:52 :34 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/17/2012 4:17:56 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 2/21/2012 11:19:23 AM Packet Page -978- 2/28/2012 Item 16.A.6. 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 2/28/2012 Item 16.A.6. the BOARD OF COUNTY the owner and holder of a Raul Reyes and Martha Reyes The lien was recorded on July 30, 2010, in Official Records Book 4590, Page 2161, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirteen thousand one hundred ninety -six dollars and ninety -one cents. 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 M Deputy Clerk Approved as to form and legal sufficiency Aff E right As ' ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -979- Fred W. Coyle, Chairman