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Agenda 07/26/2011 Item #16A 17/26/2011 Item 16.A.1. EXECUTIVE SUMMARY Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners (Board) vs. Ronald M. Medeiros Code Enforcement Board Case No. CEPM20090009462, relating to property located at 8 Pelican Street West, Collier County, Florida. OBJECTIVE: To have the Board approve waiver of fines and authorize the Chairman to sign Release and Satisfaction of Lien in relation to the code enforcement action described below. CONSIDERATIONS: CEB Case No. CEPM20090009462: As a result of code violations at 8 Pelican Street West, the Code Enforcement Board ordered the imposition of a lien against the owner, Ronald M. Medeiros. The lien was recorded in the Official Public Records on June 11, 2010, at O.R. Book 4575, Pages 3018 -19, and it encumbers all real and personal property owned by Mr. Medeiros. Based on accrued fines for the non - compliance period of 313 days at $200 per day for Part One of the order, 313 days at $200 per day for Part Two of the order, and 313 days at $200 per day for Part Three of the order, the accrued lien amount is $187,800 for failure to apply for and obtain a valid Collier County building permit and replacing or repairing all exterior walls on the second floor of a residential dwelling that had holes, or are loose, or have rotting material and requesting all required inspections through to Certificate of Completion. In addition, the Respondent was to properly coat, with a protective covering, all exterior walls on the second floor as needed to prevent infestation and deterioration and also ridding the dwelling of any pest or insect infestation and preventing the re- occurrence of a pests or infestation. On February 4, 2011, Fred D. Wahl and Marci L. Wahl obtained a warranty deed to this property. There are currently no code violations on this property. Fred D. Wahl and Marci L. Wahl are requesting a waiver of $171,000 in fines since the violation occurred prior to their ownership of the property and they have since corrected the violation once they obtained ownership of the property. The operational costs in the amount of $80.86 and fines, accrued since the Wahl's ownership, in the amount of $16,800, have been paid. FISCAL IMPACT: If approved by the Board, accrued fines in the amounts described in this summary 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 in relation to the code enforcement actions as described above, and by approval of this item, authorize the Chairman to sign �. the attached Release and Satisfaction of Lien. Packet Page -836- 7/26/2011 Item 16.A.1. PREPARED BY: Jennifer Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release and Satisfaction of Lien Packet Page -837- COLLIER COUN'CY Board of County Commissioners Item Number: 16.A.1. 7/26/2011 Item 16.A.1. Item Summary: Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners (Board) vs. Ronald M. Medeiros Code Enforcement Board Case No. CEPM20090009462, relating to property located at 8 Pelican Street West, Collier County, Florida. Meeting Date: 7/26/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 6/16/2011 1:53:24 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 6/20/2011 8:56:48 AM Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 6/22/2011 10:10:20 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/5/2011 8:35:42 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 7/5/2011 9:28:05 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 7 /11/2011 8:09:28 AM Name: Klatzkow7eff Title: County Attorney, Packet Page -838- Date: 7/11/2011 2:18:10 PM 7/26/2011 Item 16.A.1. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2011 11:04:36 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7 /18/2011 11:38:04 AM Packet Page -839- 7/26/2011 Item 16.A.1. 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: Ronald Medeiros, Respondent The lien was recorded on June 11, 2010 in Official Records Book 4575, Pages 3018 -19, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of nineteen thousand eight hundred eighty 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: 8 Pelican Street West, Naples, Florida Folio No. 52340400004 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 .201 1. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jeitf E. , right As st nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Packet Page -840-