Loading...
Agenda 03/13/2012 Item #16A23/13/2012 Item 16.4.2. EXECUTIVE SUMMARY Recommendation to approve the release of a $15,800 lien for payment of $3,912.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Joshua S. Lainhart and Melanie D. Meyer, Code Enforcement Special Magistrate Case No. CESD20100003657, relating to property located at 2170 20th Avenue NE, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $15,800 code enforcement lien, for payment of $3,912.38, in relation to Special Magistrate (OSM) Case No. CESD20100003657. CONSIDERATIONS: As a result of code violations at 2170 20th Avenue NE., the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner the Joshua S. Lainhart and Melanie D. Meyer, in Special Magistrate Case No. CESD20100003657. The lien was recorded in the Official Public Records on September 13, 2011, at O.R. Book 4718, Page 1332, and the lien encumbers all real property owned by Joshua S. Lainhart and Melanie D. Meyer. Based on accrued fines for the non - compliance period of 158 days at $100 per day, the accrued lien amount is $15,800 for violation of 2007 Florida Building Code and failure to obtain Collier County Building Permit, request all related inspections and Certificate of Completion for screened addition. On November 29, 2011, Federal National Mortgage Association acquired the property through foreclosure. In the foreclosure action (Case No. 11- 2009 -CA- 009170), the bank attempted to foreclose on the Lien, but the court ordered that the Lien survives the foreclosure (see, O.R. Book 4740, Page 2277). The property was brought into compliance on January 6, 2012. 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 post- acquisition fines for the current property owner are in the amount of $3,912.38, representing $3,800 in fines and $112.38 in operational costs. Upon approval, pre- acquisition fines of $15,800 will be waived. FISCAL IMPACT: The bank has provided payment of $3,912.38. If approved by the Board, accrued fines in the amount of $15,800 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 in the amount of $15,800, accept payment of $3,912.38 and release the Lien, and also 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 -1200- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2. 3/13/2012 Item 16.A.2. Item Summary: Recommendation to approve the release of a $15,800 lien for payment of $3,912.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Joshua S. Lainhart and Melanie D. Meyer, Code Enforcement Special Magistrate Case No. CESD2010- 00003657, relating to property located at 2170 20th Avenue NE, Collier County, Florida. Meeting Date: 3/13/2012 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 2/13/2012 4:59:52 PM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 2/13/2012 4:59:53 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/22/2012 10:55:00 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/22/2012 5:08:29 PM Name: Wrightleff Title: Assistant County Attomey,County Attorney Date: 2/23/2012 8:24:13 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/23/2012 4:38:46 PM Packet Page -1201- Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 2/24/2012 2:13:54 PM Name: KlatzkowJeff Title: County Attorney Date: 2/29/2012 3:23:27 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/5/2012 1:19:39 PM Name: OchsLeo Title: County Manager Date: 3/5/2012 2:06:14 PM Packet Page -1202- 3/13/2012 Item 16.A.2. 3/13/2012 Item 16.A.2. This Instrument Prepared By: Jen Baker Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 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: Joshua S. Lainhart & Melanie D. Meyer, Respondents The lien was recorded on September 13, 2011 in Official Records Book 4718, Page 1332, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Thousand Three 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, which property is described as follows: GOLDEN GATE EST UNIT 25 E 75FT OF W 150FT OF TR 102 2170 20TH Ave NE Naples, FL 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency , Jeff Wrig t Assist County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1203-