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Agenda 05/22/2012 Item #16A 55/22/2012 Item 16.A.5. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $143,244.47 for payment of $694.47, in the Code Enforcement Action entitled Board of County Commissioners vs. George Cirabisi and Vickie Lea Cirabisi, Code Enforcement Special Magistrate Case Number 2007090337, relating to property located at 1935 Empress Court, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $143,244.47 code enforcement lien, for payment of $694.47, in relation to Code Enforcement Special Magistrate case number 2007090337. CONSIDERATIONS: As a result of code violations at 1935 Empress Court, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owners George Cirabisi and Vickie Lea Cirabisi, in Code Enforcement Case Number 2007090337. The lien was recorded in the Official Public Records on June 23, 2008, at O.R. Book 4372, Page 0445, and the lien encumbers all real property owned by George Cirabisi and Vickie Lea Cirabisi. Based on accrued fines for the non - compliance period of 572 days at $250 per day and operational cost of $244.47, the accrued lien amount is $143,244.47 for allowing the pool water to become green, algaed and stagnate. The property was brought into compliance by the bank prior to their taking title on August 5, 2009 and remained in compliance. The Bank of New York Mellon obtained a Certificate of Title (via foreclosure) to the property on December 13, 2011. The Bank of New York Mellon has paid operational costs of $244.47 and fines for administrative costs of $450. Upon approval pursuant to Resolution 2012 -46, fines of $142,550 will be waived. FISCAL IMPACT: The Bank of New York Mellon has provided payment of $694.47. If approved by the Board, accrued fines in the amount of $142,550 would 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 $142,550, accept payment of $694.47 and release the Lien, and also authorize the Chairman to sign the attached release of lien. PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release of Lien Packet Page -1373- 5/22/2012 Item 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. Item Summary: Recommendation to approve the release of lien in the amount of $143,244.47 for payment of $694.47, in the Code Enforcement Action entitled Board of County Commissioners vs. George Cirabisi and Vickie Lea Cirabisi, Code Enforcement Special Magistrate Case Number 2007090337, relating to property located at 1935 Empress Court, Collier County, Florida. Meeting Date: 5/22/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 4/24/2012 4:19:38 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/25/2012 12:31:10 PM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 4/25/2012 3:42:53 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/2/2012 8:08:39 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/8/2012 10:19:16 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/8/2012 4:43:11 PM Name: KlatzkowJeff Packet Page -1374- Title: County Attorney Date: 5/9/2012 2:56:29 PM 5/22/2012 Item 16.A.5. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 5/10/2012 12:36:30 PM Packet Page -1375- 5/22/2012 Item 16.A.5. 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: George Cirabisi and Vickie Lea Cirabisi, Respondents The lien was recorded on June 23, 2008 in Official Records Book 4372, Page 0445, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Thirty Seven Thousand two hundred forty four dollars and forty seven 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: IMPERIAL GOLF EST PHASE 2 LOT 87 1935 Empress Court 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency Jeff Wri ot Assistant County Attorney By: Fred W. Coyle, Chariman Packet Page -1376-