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Agenda 10/23/2012 Item #16A3 10/23/2012 Item 16.A.3. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of$17,811.26 for payment of $1,511.26, in the Code Enforcement Action entitled Board of County Commissioners vs. Edward A. Kaulbars and Paula A. Kaulbars, Code Enforcement Case Number CEPM20090013071, relating to property located at 1579 Whispering Oaks Circle, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $17,811.26 code enforcement lien, for payment of $1,511.26, in relation to Code Enforcement Board case number CEPM20090013071. CONSIDERATIONS: As a result of code violations at 1579 Whispering Oaks Circle, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owners Edward A. Kaulbars and Paula A. Kaulbars in Code Enforcement Case Number CEPM20090013071. The lien was recorded in the Official Public Records on November 8, 2010, at O.R. Book 4621, Page 2468, and the lien encumbers all real property owned by Edward A. Kaulbars and Paula A. Kaulbars. The fine amount of$16,750 is based on accrued fines for the non-compliance period of 67 days at $250 per day pertaining to an unmaintained pool. The property was brought into compliance on August 17, 2010 by the County and a Certificate of Title was recorded on April 27, 2012. Pursuant to Resolution 2012-46, the current property owner has paid the operational cost of $112.56, county abatement cost of $945.70 and fines for administrative costs of $450 for consideration by the Board to release the lien. FISCAL IMPACT: Payment of$1,511.26, represents the County's costs and fines. If approved by the Board, accrued fines in the amount of$16,300 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 $16,300, accept payment of$1,511.26 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-1349- 10/23/2012 Item 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3. Item Summary: Recommendation to approve the release of lien in the amount of $17,811.26 for payment of$1,511.26, in the Code Enforcement Action entitled Board of County Commissioners vs. Edward A. Kaulbars and Paula A. Kaulbars, Code Enforcement Case Number CEPM20090013071, relating to property located at 1579 Whispering Oaks Circle, Collier County, Florida. Meeting Date: 10/23/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 9/26/2012 2:50:38 PM Approved By Name: FlaggDiane Title: Director-Code Enforcement,Code Enforcement Date: 9/26/2012 3:34:25 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 10/1/2012 1:27:31 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 10/3/2012 12:34:34 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/8/2012 11:10:14 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 10/9/2012 5:32:13 PM Name: KlatzkowJeff Packet Page -1350- 10/23/2012 Item 16A3. Title: County Attorney Amik Date: 10/10/2012 3:23:06 PM Name: SheffieldMichael Title: Manager-Business Operations,CMO Date: 10/11/2012 2:42:43 PM Packet Page-1351- 10/23/2012 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: Edward A. Kaulbars& Paula L. Kaulbars, Respondents The lien was recorded on November 8, 2010 in Official Records Book 4621, Page 2468, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seventeen Thousand eight hundred eleven dollars and twenty 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: STERLING OAKS PHASE 3A BLOCK A LOT 20 1579 Whispering Oaks Circle 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: By: Deputy Clerk Fred W. Coyle, Chariman Approved as to form and legal sufficiency r • a Je Wright Ass -t- t County Attorney Packet Page-1352-