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Agenda 09/13/2011 Item #16A109 /13/2011 Item 16.A.10. EUCUUVE SUMMARY Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Robert Custer, Code Enforcement Special Magistrate Case No. CEEPM 2009- 0001763, relating to property located at 29 Covey Lane, Collier County, Florida. OEJECTJVE: That the Board of County Commissioners (Board) approve the release of a. code enforcement lien for payment of $1,233.05, in relation to the Code Enforcement Special Magistrate "OSW) action entitled Board of County Commissioners vs. Robert Custer, OSM Case No. CEPM- 2009 0001763. COW— RgRATIONS: On October 16, 2009, the Special Magistrate found Robert Custer (Respondent) in violation of the Collier County Code of Laws and Ordinances relating to property located at 29 Covey Lane for an infe-station of bees located underneath the rear of the mobile home. A written order was recorded on November 5, 2009 at O.R. Book 4506, Page 3111. Based on the above order, the Special Magistrate entered a lien order, which was recorded on May 7, 2010, at O.R. Book 4564, Page 1301, of the Official Public Records of Collier County. The lien encumbers all real and personal property owned by Robert Custer, including 29 Covey Lane. By the time the lien was entered, the violation had already been abated by the County (as of November 18, 2009). Third Federal Savings & Loan holds a first mortgage on 29 Covey Lane, and on November 2, 2010, initiated foreclosure proceedings against the property (Case No. 10- 6420 -CA). The County was named as a party due to its lien against the property. The County filed a counterclaim, asserting the priority- of its lien, in the amount of $7,388.05 (the full accrued Bien. amount). In order to avoid continued litigation against the County, Third Federal has submitted payment (through their attorney, the Law Offices of Daniel C: Consuegra, P.L.) in the amount of $1,233.05, representing operational costs of $118.05, $450 in fines, $270 in 'abatement costs and reimbursement of the County's counterclaim fee. of $395. In exchange for this payment, they are requesting a waiver of $6,550 in accrued fines and release of the lien, along with dismissal of the County's counterclaim in the foreclosure action. FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board, accrued fines in the amount of $6,550 will be waived. GROWTH ` MANAC�EMC-NT IMPACT: ' There is no growth management impact associated with this Executive Summary. LEGAL CONS1DERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -.1W RE90J"LF4M TIDN„: That the Board waive the fines and release the lien, as described herein, and by approval of this item, authorize the Chairman to sign the attached release of lien. PREPAW PY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENT: Release of lien Packet Page -1324- 9/13/2011 Item 16.A.10. n COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10. Item Summary: Recommendation to appr6ve there {ease of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Robert Custer, Code Enforcement Special Magistrate Case No. CEPM- 2009 - 0001763, relating to property located at 29 Covey Lane, Collier County, Florida. Meeting Date: 9/13/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 8/11/20113:25:51 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES` Date: 8/12/20118:33:54 AM Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 8/12/2011 12 :38:49 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/1=011` 2:35 :08 PM Name FederNorman Title: Administrator - Growth Management Div,Transportat Date: 8/16/2011 1 :5035 PM Name: WrightJeff Title: Assistant County Attpmey,County Attorney Date: 8/30/2011 10:28 :27 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -1325- 9/13/2011 item 16.A.10. �•� Date: 8/30/20114:02:07 PM Name: IsacksonMark Title: Director -Corp Financial and_Mgmt Svs,CMO Date: 9/2/2011 11:05:38 AM Name: IsacksonMark Title: Director -Corp Financial -and Mgmt Svs,CMO Date: 9/2/2011 12:43:24 PM Packet Page -1326- 9/13/2011 Item 16.A.10. This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attorney's Office 3280 Tornianni Trail East Naples, Florida 34112 (239) 252-8400 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY C{]K8K8|SS|[>NEFlS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Robert Custer, Respondent The lien was recorded on May 7. 2010. in Official Records Book 4564. Pages 1301-02. in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seven thousand three hundred eighty-eight dollars and five cents. Collier CoVnty, a political subdivision of the State of Florida, by execution of this Release of Lien, acknowledges payment and hereby cancels and releases the lien in relation to the following property, and any other real or personal property owned by Respondent: 29 Covey Lane, Naples, Florida Folio No. O88S116OOO7 IN WITNESS WHEREOF, the Board of County Commissioners Florida, acting through its Chairman directs execution and recording Lien, by action of the Board on this doy of ATTEST DWIGHT E. BRC}CK, Clerk Deputy Clerk Approved as to form and legal sufficiency Jeff E. Woright Bv� of Collier County, of this Release of .2O11. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Packet Page -1327- Fred VV. Coyle, Chainnan