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Agenda 12/11/2012 Item #16A3012/11/2012 Item 16.A.30. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the amount of $207,932.10 for payment of $15,932.10, in the Code Enforcement Action entitled Board of County Commissioners vs. Graciela Susi, Code Enforcement Case Number CEPM20080008180, relating to property located at 2130 Morning Sun Lane, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a $207,932.10 code enforcement lien, for payment of $15,932.10, in relation to Code Enforcement Special Magistrate case number CEPM20080008180. CONSIDERATIONS: As a result of code violations at 2130 Morning Sun Lane, the Code Enforcement Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Graciela Susi in Code Enforcement Case Number CEPM20080008180. The lien was recorded in the Official Public Records on June 21, 2011, at O.R. Book 4694, Page 382, and the lien encumbers all real property owned by Graciela Susi. The fine amount of $206,400 is based on accrued fines for the non - compliance period of 1,032 days at $200 per day pertaining to no protective barrier surrounding the swimming pool. As a result of a foreclosure action (Case No. 07- 4378 -CA), a Certificate of Title was recorded to Countrywide Home Loans, Inc. on June 22, 2012. Countrywide Home Loans, Inc. brought the property into compliance on October 2, 2012. Pursuant to the Board of County Commissioner's (BCC's) Resolution 2012 -46, Code Enforcement liens and fines on a property that has new ownership, fines that accrued prior to transfer of title and thirty days following transfer of title would be considered for waiver as long as the new owner has diligently pursued abatement and compliance has been achieved. The property is in compliance and an amount of $15,932.10 has been paid. This represents $14,400 in fines for 72 days after transfer of title, $1,414.40 in County abatement costs and $117.70 in operational costs. FISCAL IMPACT: Payment of $15,932.10 represents the County's costs and fines. If approved by the Board, accrued fines in the amount of $192,000 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 $192,000, accept payment of $15,932.10 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 -2623- 12/11/2012 Item 16.A.30. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.30. Item Summary: Recommendation to approve the release of lien in the amount of $207,932.10 for payment of $15,932.10, in the Code Enforcement Action entitled Board of County Commissioners vs. Graciela Susi, Code Enforcement Case Number CEPM20080008180, relating to property located at 2130 Morning Sun Lane, Collier County, Florida. Meeting Date: 12/11/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 11/13/2012 3:26:26 PM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 11/15/2012 6:15:05 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 11/16/2012 1:58:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/16/2012 3:18:38 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 11/21/2012 1 :04:07 PM Name: Klatzkowleff Title: County Attorney Date: 11/21/2012 2:18:00 PM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -2624- Date: 11/27/2012 3:27:08 PM 12/11 /2012 Item 16.A.30. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 11/28/2012 4:12:59 PM Packet Page -2625- 12/11/2012 Item 16.A.30. This Instrument Prepared By: Jeri 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 FLORIDA is the owner ho holder of a certain lien against all real and personal property owned by: Graciela Susi, Respondents The lien was recorded on June 21, 2012 in Official Records Book 4694, Page 382, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Ten Thousand nine hundred thirty two dollars and ten 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: HERITAGE GREENS BLOCK B LOT 136 2130 Morning Sun 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency I Jeff pd ht Ass i t County Attorney By: Packet Page -2626- Fred W. Coyle, Chariman