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Agenda 07/24/2012 Item #16A127/24/2012 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $192,080.57 for payment of $50,080.57, in the Code Enforcement Action entitled Board of County Commissioners vs. Edward M. Harris Jr. and Tammy Harris, Code Enforcement Board Case Number CESD20090018220, relating to property located at 5730 Cedar Tree Lane, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $192,080.57 code enforcement lien, for payment of $50,080.57, in relation to Code Enforcement Board case number CESD20090018220. CONSIDERATIONS: As a result of code violations at 5730 Cedar Tree Lane, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owners Edward M. Harris Jr. and Tammy Harris, in Code Enforcement Case Number CESD20090018220. The lien was recorded in the Official Public Records on October 1, 2010, at O.R. Book 4610, Page 2457, and the lien encumbers all real property owned by Edward M. Harris Jr. and Tammy Harris. The fine amount of $192,000 is based on accrued fines for the non - compliance period of 451 days at $200 per day for Order Item 1 pertaining to an unpermitted pool and the non - compliance period of 509 days at $200 per day for Order Item 2 pertaining to multiple unpermitted structures. Operational cost is $80.57; the accrued lien amount is $192,080.57. The property was brought into compliance on February 13, 2012. Pursuant to Resolution 2012 -46, the amount of $50,080.57 has been paid. This represents $50,000 in fines and $80.57 in operational costs. FISCAL IMPACT: Payment of $50,080.57, represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $142,000 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This property was brought into compliance by a foreclosing bank on February 13, 2012. Resolution No. 2012 -46 allows a 30 -day grace period to bring the property into compliance. There were two violations at issue (both for $200 per day) — the first violation was brought into compliance 36 days following the grace period; the second violation was brought into compliance 214 days after the grace period. Therefore, under the Resolution, fines were determined based on a total of 250 days at $200 per day. 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 $142,000, accept payment of $50,080.57 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 -1464- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. 7/24/2012 Item 16.A.12. Item Summary: Recommendation to approve the release of lien in the amount of $192,080.57 for payment of $50,080.57, in the Code Enforcement Action entitled Board of County Commissioners vs. Edward M. Harris Jr. and Tammy Harris, Code Enforcement Board Case Number CESD20090018220, relating to property located at 5730 Cedar Tree Lane, Collier County, Florida. Meeting Date: 7/24/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 6/27/2012 9:17:14 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/28/2012 3:22:32 PM Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 6/28/2012 4:41 :56 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/29/2012 3:15:59 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 7/3/2012 4:45:17 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/5/2012 5:46:19 PM Name: KlatzkowJeff Packet Page -1465- Title: County Attorney Date: 7/10/2012 4:22:23 PM Name: OchsLeo Title: County Manager Date: 7/10/2012 5:27:23 PM Packet Page -1466- 7/24/2012 Item 16.A.12. 7/24/2012 Item 16.A.12. 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: Edward M. Jr. & Tammy Harris, Respondents The lien was recorded on October 1, 2010 in Official Records Book 4610, Page 2457, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Twenty Four Thousand eight hundred eighty dollars and fifty 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: GOLDEN GATE EST UNIT 31 W 150FT OF TR 103 5730 Cedar Tree Lane 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 rig t Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chariman Packet Page -1467-