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Agenda 03/22/2011 Item #16A3 3/22/2011 Item 16.A.3. EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of four Liens and one Order in the Code Enforcement Actions entitled Board of County Commissioners vs. Marion Smith and James A. Seals, relating to property located at 5408 Carlton Street, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the release of four liens and one Order in relation to the Code Enforcement Board (CEB) actions entitled Board of County Commissioners vs, Marion Smith and James A. Seals, CONSIDERA nONS: CEB Case No, 2001-056: On June 28, 2001, the CEB found Respondents in violation of the Collier County Code of Laws and Ordinances for litter in the rear yard on the property, A written order was recorded on July 17, 2001 at OR, Book 2885, Pages 1541-1543, ~. Respondents were ordered to correct the violations on or before July 12, 2001, or a fine of $25 per day would be imposed until compliance had been met. The property was brought into compliance by the Respondents on July 10, 2001, and no fines were imposed, Respondents were assessed operational costs in the amount of $393,86, Based on the above order, the CEB entered a lien order for operational costs only, which was recorded on August 23, 2001, at O,R, Book 2888, Page 1510, of the Official Public Records of Collier County, OSM Case No, 2006030815: On July 21, 2006, the Code Enforcement Special Magistrate found Respondents in violation of the Code of Laws and Ordinances for having unlicensed/inoperable vehicles on their residential property, A written order was recorded on August 2,2006, at OR, Book 4081, Page 2827, Respondents were ordered to correct the violations on or before August 21, 2006, or a fine of $50 per day would be imposed until compliance had been met. Respondents were also assessed operational costs in the amount of $126.22, Based on the above order, the Special Magistrate entered a lien order, which was recorded on February 28, 2007, at OR, Book 4190, Page 0574, of the Official Public Records of Collier County, The property was brought into compliance on September 6, 2006, Based on accrued fines for the noncompliance period of 16 days at $50 per day, the accrued lien amount is $926.22 which includes $126,22 for operational costs, ~, OSM Case No, 2006050912: On August 22, 2006, the Special Magistrate found Respondents in violation of the Collier County Code of Laws and Ordinances for Packet Page -819- 3/22/2011 Item 16.A.3. accumulation of litter. A written order was recorded on September 6, 2006, at OR, Book 4101, Page 0165, Respondents were ordered to correct the violations on or before August 29, 2006, or a fine of $100 per day would be imposed until compliance had been met. Respondents were also assessed operational costs in the amount of $132,23, Based on the above order, the Special Magistrate entered a lien order, which was recorded on February 16, 2007 at OR, Book 4190, Page 0568, The property was brought into compliance on September 25, 2006, Based on accrued fines for the noncompliance period of 27 days at $100 per day, the accrued lien amount is $2,832,23 which includes $132.23 for operational costs, OSM Case No; 2006060001: On August 22, 2006, the Special Magistrate found Respondents in violation of the Code of Laws and Ordinances for failure to register rental property, A written order was recorded on September 6, 2006, at OR, Book 4101, Page 0149, Based on the above order, the Special Magistrate entered a lien order, which was recorded on February 28, 2007 at OR, Book 4190, Page 0572, of the Official Public Records, Respondents were ordered to correct the violations on or before August 29, 2006, or a fine of $25 per day would be imposed until compliance had been met. Respondents were also assessed operational costs in the amount of $123,99, The property was brought into compliance on March 6, 2008, Based on accrued fines for the noncompliance period of 381 days at $25 per day, the accrued lien amount is $9,648,99, which includes $123,99 for operational costs, OSM Case No, 2006050608: On July 6, 2007, the Special Magistrate found Respondents in violation of the Code of Laws and Ordinances for multiple minimum housing code violations, A written order was recorded on August 10, 2007, at OR, 4268, Page 3914, The order required Respondents to correct the violations on or before July 11, 2007, or a fine of $500 per day would be imposed until compliance had been met. Respondents were also assessed operational costs in the amount of $240,52, Based on accrued fines for the noncompliance period of 1,314 days at $500 per day, the accrued amount under the order is $657,240,52, In addition to these orders, three citations were entered in 2006 and 2007 for litter and illegal water connections, respectively, Also, a nuisance abatement case in 2010 resulted in fines against the property, Together, these four cases resulted in approximately $1,000 in fines and costs on the property, Packet Page -820- 3/22/2011 Item 16.A.3. On July 27, 2009, Bank of America, NA, mortgagee, took title to the property via foreclosure, On May 26, 2010, Bank of America filed a quit claim deed to transfer title to the Collier County Board of County Commissioners, On December 14, 2010 (Item #16,E,4), the Board accepted the quit claim deed and approved the transfer of title to Habitat for Humanity of Collier County, The County has abated the violation by demolishing the structure at 5408 Carlton Street Habitat for Humanity has paid $8,140 for demolition costs and $2,018.49 for operational costs for a total hard cost reimbursement to the County in the amount of $10,158.49, All past due taxes and assessments are to be paid by Habitat for Humanity at closing, Closing is scheduled to take place prior to March 31, 2011, Habitat for Humanity of Collier County is requesting a waiver of accrued fines in the amount of $674,300, and release of the orders, as described above, FISCAL IMPACT: None, The County was reimbursed for all the hard costs including the cost of demolition, Accrued fines in the amount of $674,300 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 RECOMMENDATION: That the Board waive the fines and release the orders as detailed herein, and by approval of this item, authorize the Chairman to sign the attached releases, PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation, ATTACHMENTS: Five Releases Packet Page -821- 3/22/2011 Item 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16A3, Item Summary: Recommendation to approve the Release of Liens and Satisfaction of four Liens and one Order in the Code Enforcement Actions entitled Board of County Commissioners vs, Marion Smith and James A, Seals, relating to property located at S408 Carlton Street, Collier County, Florida, Meeting Date: 3/22/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforce 2/24/201 I 4:45:53 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 3/2/2011 3:05:20 PM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 3/2/20117:04:19 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/3/201 I 7:50:43 AM Name: FedcrNonn Title: Administrator - Growth Management Div, Transportati Date: 3/3/2011 10:49:40 AM Name: WrightJeff Titlc: Assistant County Attorney,County Attorney Date: 3/11/2011 8:29:44 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -822- 3/22/2011 Item 16.A.3. Date: 3/11/2011 3A2:39 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 3/14/2011 4:06AO PM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 3/14/2011 4:26:18 PM Packet Page -823- 3/22/2011 Item 16.A.3. This Instrument Prepared By: Jeff E, Wright , Assistant County Attorney Collier County Attorney's Office 3001 E, Tamiami Trail Naples, FL 34112 (239) 252-8400 RELEASE AND SATISFACTION OF ORDER KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain recorded interest against real and personal property owned by: Marion Smith and James A Seals, Respondents The recorded interest is an Order of the Special Magistrate, recorded on August 10, 2007, in O.R. Book 4268, Page 3914, et seq., of the Official Records of Collier County, State of Florida, The Order imposes an obligation to correct certain code violations, subject to assessment and accrual of monetary penalties, and also orders payment of operational costs, against real property situated in Collier County, Florida, which property is described as follows: 5408 Carlton Street, Naples, Florida Folio No, 62100120006 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Order, acknowledges payment as full satisfaction of the Order and hereby cancels said Order. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Order in the Official Records of Collier County, Florida, to acknowledge that the Order ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Order, by action of the Board on this day of ,2011. ATTEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W, Coyle, Chairman Deputy Clerk Approved as to form and legal sufficiency /\ (I ~ Je E, right Ass nt County Attorney Packet Page -824- 3/22/2011 Item 16.A.3. This Instrument Prepared By: Jeff E, Wright , Assistant County Attorney Collier County Attorney's Office 3001 E, Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Marion Smith and James Seals, Respondents The lien was recorded on February 28, 2007, in Official Records Book 4190, Page 0568, et seq., in the Official Records of Collier County, State of Florida, The lien secures the principal sum of two thousand eight hundred thirty-two dollars and twenty- three cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 5408 Carlton Street, Naples, Florida Folio No, 62100120006 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2011, ATTEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Deputy Clerk Approved as to form and legal sufficiency Packet Page -825- 3/22/2011 Item 16.A.3. This Instrument Prepared By: Jeff E, Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E, Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Marion Smith and James Seals, Respondents The lien was recorded on February 28, 2007, in Official Records Book 4190, Page 0572, et seq., in the Official Records of Collier County, State of Florida, The lien secures the principal sum of four thousand three hundred ninety-eight dollars and ninety- nine cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 5408 Carlton Street, Naples, Florida Folio No, 62100120006 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2011, ATTEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W, Coyle, Chairman Ap~ " 10 ':"" ,,' l.g.1 ~"ffi'l,"oy --*- Je ' right Assis nt County Attorney Packet Page -826- 3/22/2011 Item 16.A.3. This Instrument Prepared By: Jeff E, Wright , Assistant County Attorney Collier County Attorney's Office 3001 E, Tamiami Trail Naples, FL 34112 (239) 252-8400 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: Marion Smith and James Seals, Respondents The lien was recorded on February 28, 2007, in Official Records Book 4190, Page 0574, et seq., in the Official Records of Collier County, State of Florida, The lien secures the principal sum of nine hundred twenty-six dollars and twenty-two cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 5408 Carlton Street, Naples, Florida Folio No, 62100120006 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2011, ATTEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W, Coyle, Chairman Deputy Clerk Approved as to form and legal sufficiency , ight County Attorney Packet Page -827- 3/22/2011 Item 16.A.3. This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 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 Seals and Marion Smith, Respondents The lien was recorded on September 6, 2001, in Official Records Book 2888, Page 1510, et seq., in the Official Records of Collier County, State of Florida, The lien secures the principal sum of three hundred ninety-three dollars and eighty-six cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 5408 Carlton Street, Naples, Florida (also described in lien instrument as 5406 Carlton, Lots 1 and 2, Block 12, Naples Manor Addition, as per plat thereof recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida) Folio No, 62100120006 Collier County, a poiitical subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2011, ATTEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W, Coyle, Chairman Approved as to form and legal sufficiency ~ right t County Attorney Packet Page -828-