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Agenda 05/22/2012 Item #16A 65/22/2012 Item 16.A.6. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $9,712.56 for payment of $562.56, in the Code Enforcement Action entitled Board of County Commissioners vs. Homesales, Inc., Code Enforcement Special Magistrate Case Number CESD20110003257, relating to property located at 1074 Illinois Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $9,712.56 code enforcement lien, for payment of $562.56, in relation to Code Enforcement Special Magistrate case number CESD20110003257. CONSIDERATIONS: As a result of code violations at 1074 Illinois Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner, Homesales, Inc., in Code Enforcement Case Number CESD20110003257. The lien was recorded in the Official Public Records on January 23, 2012, at O.R. Book 4757, Page 1892, and the lien encumbers all real property owned by Homesales, Inc. Based on accrued fines for the non - compliance period of 96 days at $100 per day and operational cost of $112.56, the accrued lien amount is $9,712.56 for an unpermitted fence. Pursuant to Resolution 2012 -46, the property owner diligently pursued compliance and brought the property into compliance on March 6, 2012, therefore, the Code Enforcement Director recommends waiver of fines. The property owner has paid operational costs of $112.56 and fines for administrative costs of $450. Upon approval, fines of $9,150 will be waived. FISCAL IMPACT: The property owner has provided payment of $562.56. If approved by the Board, accrued fines in the amount of $9,150 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 $9,150, accept payment of $562.56 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 -1377- 5/22/2012 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 amount of $9,712.56 for payment of $562.56, in the Code Enforcement Action entitled Board of County Commissioners vs. Homesales, Inc., Code Enforcement Special Magistrate Case Number CESD20110003257, relating to property located at 1074 Illinois Drive, Collier County, Florida. Meeting Date: 5/22/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 4/24/2012 4:49:28 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/25/2012 12:17:57 PM Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 4/25/2012 3:43:58 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/4/2012 4:45:42 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/8/2012 10:17:07 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/8/2012 4:43:01 PM Name: KlatzkowJeff Title: County Attorney Packet Page -1378- 5/22/2012 Item 16.A.6. Date: 5/9/2012 2:52:30 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 5/10/2012 12:34:08 PM Packet Page -1379- 5/22/2012 Item 16.A.6. 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: Homesales, Inc., Respondents The lien was recorded on January 23, 2012 in Official Records Book 4757, Page 1892, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Thousand seven hundred twelve dollars and fifty six 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: GULF ACRES BLK D LOT 5 OR 91 PG 253 1074 Illinois Drive 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 Je W ght As ' ant County Attorney By: Fred W. Coyle, Chariman Packet Page -1380-