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Agenda 12/13/2011 Item #16A 712/13/2011 Item 16.A.7. EXECUTIVE SAY Recommendation to reject an offer to settle a S59,281.15 code enforcement lien for payment of $5,000 OBJECTIVE: That the Board of County Commissioners (Board) reject an offer to settle a $59,281.15 code enforcement lien for payment of $5,000. CONSIDERATIONS: The Code Enforcement Department received a settlement offer from the Law Offices of Bakalar & Topouzis, P.A.; representing Wells Fargo Bank, N.A. as Trustee, in relation to the Code Enforcement Board action entitled Board of County Commissioners vs. Treasure B. & Jeff Ahlbrandt, Case No. CESD2009- 0012965. On February 4, 2010, the Code Enforcement Board found Treasure B. & Jeff • Ahlbrandt (Respondents) in violation of the Collier County Code of Laws and Ordinances fort "enclosing the porch and added a wooden shed with no permits" on the property located at 6090 Painted Leaf lane, Naples, FL: + went was ordered to correct the violations by, applying for and obtaining a valid Collier County iur`ldrng permit and bringing property into compliance on or before January 28, 2010, "or a fine of $200 per day" would be imposed until compliance is confirmed. This order was recorded in the official public records on February 15, 2010, in 0. R. Book 4537, Page 1725. Due to non - compliance and based on the above order, the Code Enforcement Board entered an order dated April 27, 2010, imposing a lien ( "Lien Order"). The Lien Order was recorded in the official public records on May 6, 2010, at O.R. Book 4563, Page 1691. The accrued lien amount is $59,281.15 which ' includes operational costs in the amount of $81.15. On August 17, 2010, Wells Fargo Bank, N.A. received title to the property through foreclosure. The property was brought into compliance on December 21, 2010, by Wells Fargo Bank (approximately 4 months after taking tittle). Under 4.1.D. of Resolution 2010 -101, which provides consideration for a reduction of fines for new ownership, the reduced fine amount is $25,281.15, which represents the non- compliance period of 126 days beginning from the date of Wells Fargo's acquisition and ending on the compliance date, calculated at $200 per day, plus $81.15 in operational costs. Wells Fargo. Bank has offered a settlement amount of $5,000.00. This offer exceeds the county's expended cost to prosecute the violation, record and enforce the lien however, this offer is $20,281.15 less than the reduced fine amount calculated by the provision under 4.1.13. of Resolution 2010 -101 which states as follows: "For code enforcement liens and fines on a property that has new ownership, fines that accrued prior to transfer of title would be considered for waiver so long as the new owner has diligently pursued abatement and compliance has been achieved." The Law Offices of Bakalar & Topouzis, P.A. have indicated a good faith deposit will not be made, however, agrees that payment will be received by December 31, 2011 as a condition of acceptance of this settlement offer by the BCC. FISCAL IMPACT: If the settlement offer is accepted, the lien will be released once payment is received and the remaining fines of $54,281.15 will be waived. GROWTH MANAGEMENT UNPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Although the lien was recorded after the foreclosure lis pendens, Section 162.07(4), Florida Statutes, provides that the owner and successors in interest are bound by the original order, and does not provide any exception where a lis pendens has been filed. -,JW Packet Page - 1119 12/13/2011 Item 16.A.7. RECOMMENDATION: That the Board reject the settlement offer and conditions of payment described herein. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. Packet Page -1120- 12/13/2011 Item 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7. Item Summary: Recommendation to reject an offer to settle a $59,281.15 code enforcement lien for payment of $5,000. Meeting Date: 12/13/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations,Code Enforce 11/7/2011 10:42:19 AM Submitted by Title: Manager - Code Enforcement Operations,Code Enforce Name: SerranoMarlene 11/7/2011 10:42:20 AM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 11/9/20113:03:34 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 11/15/20119:41:51 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/15/2011 10:24:01 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 11/15/2011 1:28:26 PM Name: CasalanguidaNick Packet Page -1121- 12/13/2011 Item 16.A.7. Title: Deputy Administrator - GMD,Business Management & Budget Office Date: 11/21/2011 10:03:52 AM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 11/21/2011 1:36:31 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/21/20113:14:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/23/20112:34:38 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/23/20113:23:30 PM Packet Page -1122-