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Agenda 03/13/2012 Item #16A33/13/2012 Item 16.A.3. EXECUTIVE SUMMARY Recommendation to approve the release of a $40,200 lien for payment of $9,912.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Estate of Alan D. Montgomery, Code Enforcement Special Magistrate Case No. CEROW20090015230, relating to property located at 5133 20th Ct. SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $40,200 code enforcement lien, for payment of $9,912.29, in relation to Special Magistrate (OSM) Case No. CEROW20090015230. CONSIDERATIONS: As a result of code violations at 5133 20th Ct. SW., the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner, Estate of Alan D. Montgomery, in Special Magistrate Case No. CEROW20090015230. The lien was recorded in the Official Public Records on July 15, 2011, at O.R. Book 4702, Page 121, and the lien encumbers all real property owned by the Estate of Alan D. Montgomery. Based on accrued fines for the non - compliance period of 201 days at $200 per day, the accrued lien amount is $40,200 for planting several trees in the right -of -way without obtaining Collier County Right - of -Way Permits. On November 2, 2011, Fannie Mae ( "Federal National Mortgage Association ") acquired the property through foreclosure. In the foreclosure action (Case No. 2009 -CA- 010864), the bank attempted to foreclose on the Lien, but the court ordered that the Lien survives the foreclosure (see, O.R. Book 4732, Page 2661). The property was brought into compliance on December 21, 2011. 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 $9,912.29, representing $9,800 in fines and $112.29 in operational costs. Upon approval, pre- acquisition fines of $40,200 will be waived. FISCAL IMPACT: The bank has provided payment of $9,912.29. If approved by the Board, accrued fines in the amount of $40,200 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 $40,200, accept payment of $9,912.29 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 -1204- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3. 3/13/2012 Item 16.A.3. Item Summary: Recommendation to approve the release of a $40,200 lien for payment of $9,912.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Estate of Alan D. Montgomery, Code Enforcement Special Magistrate Case No. CEROW2009- 0015230, relating to property located at 5133 20 Ct. SW, Collier County, Florida. Meeting Date: 3/13/2012 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 2/13/2012 5:04:15 PM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 2/13/2012 5:04:16 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 2/22/2012 10:54:51 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/24/2012 1:23:37 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/24/2012 2:22:57 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/28/2012 8:48:44 AM Packet Page -1205- Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/1/2012 4:42:50 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/2/2012 3:39:21 PM Name: KlatzkowJeff Title: County Attorney Date: 3/2/2012 4:09:24 PM Name: OchsLeo Title: County Manager Date: 3/2/2012 4:41:17 PM Packet Page -1206- 3/13/2012 Item 16.A.3. 3/13/2012 Item 16.A.3. 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: Estate of Alan D. Montgomery, Respondents The lien was recorded on July 15, 2011 in Official Records Book 4702, Page 121, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Five Thousand Seven Hundred twelve dollars and twenty nine 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 UNIT 5 BLK 165 LOT 18 5133 20TH Ct SW 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 ht Assis ri t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1207-