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Agenda 07/24/2012 Item #16A107/24/2012 Item 16.A.10. EXECUTIVE SUMMARY Recommendation to approve the release of two liens with a combined value of $12,382.07 for payment of $2,732.07, in the Code Enforcement Action entitled Board of County Commissioners vs. James S. Loucy, Code Enforcement Special Magistrate Case Numbers CEPM20090010278 and CENA20090010129, relating to property located at 237 Burning Tree Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two code enforcement liens with a combined value of $12,382.07, for payment of $2,732.07, in relation to Code Enforcement Special Magistrate case numbers CEPM20090010278 and CENA20090010129. CONSIDERATIONS: As a result of code violations at 237 Burning Tree Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner James S. Loucy, in Code Enforcement Case Number CEPM20090010278. The lien was recorded in the Official Public Records on February 3, 2010, at O.R. Book 4534, Page 2162, and the lien encumbers all real property owned by James S. Loucy. Based on accrued fines of $7,800, for the non - compliance period of 52 days at $100 per day for Order item B pertaining to an unmaintained pool and the non - compliance period of 52 days at $50 per day for Order item C pertaining to missing screen panels on the pool enclosure, operational cost of $230.21 and county abatement cost of $1,272, the accrued lien amount is $9,302.21. The property was brought into compliance on November 12, 2009 by the County. The property was sold on August 9, 2011. Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of $230.21, county abatement cost of $1,272 and fines for administrative costs of $450 for consideration by the Board to release the lien. As a result of code violations at 237 Burning Tree Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner James S. Loucy, in Code Enforcement Case Number CENA20090010129. The lien was recorded in the Official Public Records on February 3, 2010 at O.R. Book 4534, Page 2164, and the lien encumbers all real property owned by James S. Loucy. Based on accrued fines of $2,300, for the non - compliance period of 23 days at $100 per day, operational cost of $229.86 and county abatement cost of $550, the accrued lien amount is $3,079.86 for litter on the property. The property was brought into compliance on October 14, 2009 by the County. The property was sold on August 9, 2011. Pursuant to Resolution 2012 -46, the current property owner has paid the operational cost of $229.86 and county abatement cost of $550 for consideration by the Board to release the lien. FISCAL IMPACT: The property owner has provided payment of $2,732.07, representing the County's costs and fines relating to both cases. If approved by the Board, accrued fines in the amount of $9,650 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 Packet Page -1454- 7/24/2012 Item 16.A.10. RECOMMENDATION: That the Board waive the combined fines in the amount of $9,650, accept payment of $2,732.07 and release the Liens, and also authorize the Chairman to sign the attached release of liens. PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: Release of Liens Packet Page -1455- 7/24/2012 Item 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10. Item Summary: Recommendation to approve the release of two liens with a combined value of $12,382.07 for payment of r) 7 ,z? n7 in Ole Code Enforcement Action entitled Board of County Commissioners vs. James S. Loucy, Code Enforcement Special Magistrate Case Numbers CrD ^^ ?0090010278 and CENA20090010129, relating to property located at 237 Burning Tree Drive, Collier nty, Florida. Meeting Date: 7/24/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 6/26/2012 9:00:39 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/26/2012 1:12:10 PM Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 6/26/2012 4:22:04 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 6/28/2012 2:05:37 PM Name: Marcu-- ieanne Title: Executive Secretary,Transportation Planning Date: 6/28/2012 2:32:28 PM Name: KlatzkowJeff Title: County Attorney Date: 7/3/2012 10:17:40 AM Name: FinnEd Packet Page -1456- Title: Senior Budget Analyst, OMB Date: 7/3/2012 12:33:35 PM 7/24/2012 Item 16.A.10. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 7/9/2012 11:07:10 AM Packet Page -1457- 7/24/2012 Item 16.A.10. 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: James S. Loucy, Respondents The lien was recorded on February 3, 2010 in Official Records Book 4534, Page 2162, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Nine Thousand three hundred two dollars and twenty one 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: BIG CYPRESS GOLF + COUNTRY CLUB EST SECT 2 BLK A LOT 23 OR 2012 PG 1057 237 Burning Tree 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 Jeff rig Assist n County Attorney By: Fred W. Coyle, Chariman Packet Page -1458- 7/24/2012 Item 16.A.10. 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: James S. Loucy, Respondents The lien was recorded on February 3, 2010 in Official Records Book 4534, Page 2164, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Thousand seventy nine dollars and eighty 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: BIG CYPRESS GOLF + COUNTRY CLUB EST SECT 2 BLK A LOT 23 OR 2012 PG 1057 237 Burning Tree 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jeff Vdt Assi County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1459-