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Agenda 10/23/2012 Item #16A5 10/23/2012 Item 16.A.5. EXECUTIVE SUMMARY Recommendation to approve the release of two liens with a combined value of $56,509.04 for payment of $1,609.04, in the Code Enforcement Action entitled Board of County Commissioners vs. Abel D. Accilio & Sara Accilio, Code Enforcement Special Magistrate Case Numbers CEPM20100003242 and CEPM20100004034, relating to property located at 907 Summerfield 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 $56,509.04, for payment of $1,609.04, in relation to Code Enforcement Special Magistrate case numbers CEPM20100003242 and CEPM20100004034. CONSIDERATIONS: As a result of code violations at 907 Summerfield Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owners Abel D. Accilio & Sara Accilio, in Code Enforcement Case Number CEPM20100003242. The lien was recorded in the Official Public Records on May 13, 2011, at O.R. Book 4681, Page 2076, and the lien encumbers all real property owned by Abel D. Accilio & Sara Accilio. Based on accrued fines of $30,100, for the non-compliance period of 301 days at $100 per day and operational cost of $112.56, the accrued lien amount is $30,212.56 for a structure with roof damage. A Certificate of Title was recorded on November 16, 2011 and the property was brought into compliance on December 16, 2011. Pursuant to Resolution 2012-46, the current property owner has paid the operational cost of $112.56 and fines for administrative costs of$450 for consideration by the Board to release the lien. As a result of code violations at 907 Summerfield Drive, the Code Enforcement Special Magistrate ordered the imposition of a lien ("Lien") against the owner Abel D. Accilio & Sara Accilio, in Code Enforcement Case Number CEPM20100004034. The lien was recorded in the Official Public Records on August 19, 2011 at O.R. Book 4712, Page 445, and the lien encumbers all real property owned by Abel D. Accilio & Sara Accilio. Based on accrued fines of $25,250, for the non-compliance period of 101 days at $250 per day, operational cost of $112.73 and county abatement cost of $933.75, the accrued lien amount is $26,296.48 for an unmaintained pool on the property. The property was brought into compliance on May 23, 2011 by the County prior to the Certificate of Title being recorded on November 16, 2011. Pursuant to Resolution 2012-46, the current property owner has paid the operational cost of $112.73 and county abatement cost of$933.75 for consideration by the Board to release the lien. FISCAL IMPACT: The property owner has provided payment of$1,609.04, representing the County's costs and fines relating to both cases. If approved by the Board, accrued fines in the amount of$54,900 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page-1357- 10/23/2012 Item 16.A.5. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. -JW RECOMMENDATION: That the Board waive the combined fines in the amount of$54,900, accept payment of$1,609.04 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 -1358- 10/23/2012 Item 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. Item Summary: Recommendation to approve the release of two liens with a combined value of$56,509.04 for payment of$1,609.04, in the Code Enforcement Action entitled Board of County Commissioners vs. Abel D. Accilio &Sara Accilio, Code Enforcement Special Magistrate Case Numbers CEPM20100003242 and CEPM20100004034, relating to property located at 907 Summerfield Drive, Collier County, Florida. Meeting Date: 10/23/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 9/26/2012 3:32:42 PM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 10/1/2012 2:48:56 PM Name: FlaggDiane Title: Director-Code Enforcement,Code Enforcement Date: 10/2/2012 10:58:53 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 10/3/2012 12:23:24 PM Name:MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/8/2012 11:15:49 AM Name:FinnEd Title: Senior Budget Analyst, OMB Date: 10/9/2012 5:37:18 PM Name: KlatzkowJeff Packet Page -1359- 10/23/2012 Item 16.A.5. Title: County Attorney Date: 10/10/2012 3:31:38 PM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 10/11/2012 2:45:51 PM Packet Page-1360- 10/23/2012 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: Abel D. Accilio& Sara Accilio, Respondents The lien was recorded on August 19, 2011 in Official Records Book 4712, Page 445, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Twenty Six Thousand two hundred ninety six dollars and forty eight 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: ORANGE TREE UNIT FOUR, CITRUS GREENS SECTION, PH 2-A LOT 95 907 Summerfiled 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chariman Approved as to form and legal sufficiency Jeff ri ht Assi t County Attorney Packet Page -1361- 10/23/2012 Item 16.A.5. This Instrument Prepared By: 1 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: Abel D.Accilio& Sara Accilio, Respondents The lien was recorded on May 13, 2011 in Official Records Book 4681, Page 2076, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven Thousand five hundred twelve dollars and thirty eight 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: ORANGE TREE UNIT FOUR, CITRUS GREENS SECTION, PH 2-A LOT 95 907 Summerfiled 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: By: Deputy Clerk Fred W. Coyle, Chariman Approved as to form and legal sufficiency A Jeff Wrig' Assistant • my Attorney I Packet Page-1362-