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Agenda 04/13/2010 Item #16A 7 Agenda Item No. 16A7 April 13, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Janet Peralta, Special Magistrate Case No, 2007-050023, relating to property located at 2365 55th Terrace SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien and waive the $209,000 balance on the lien in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners VS. Janet Peralta, Special Magistrate Case No. 2007- 050023. CONSIDERATIONS: On November 2, 2007, the Code Enforcement Special Magistrate found Janet Peralta (Respondent) in violation of the Collier County Code of Laws and Ordinances for numerous minimum housing violations. Respondent was ordered to correct the violations by correcting all minimum housing violations noted in the Property Maintenance Inspection Report on or before November 9, 2007, or a fine of $250 per day would be imposed until compliance had been met. The order, together with the Inspection Report, was recorded on November 27,2007, at OR Book 4305, Pages 2891-97. Due to non-compliance and based on the above order, the Special Magistrate entered an order dated January 18, 2008, imposing a lien ("Lien"). The Lien was recorded on February 6, 2008, at O.R. Book 4327, Page 2186, et seq., of the Official Public Records of Collier County. The property was never brought into compliance by the Respondent. In October 2008, mortgage holder Bank United FSB commenced foreclosure proceedings against this property. Because the County held this Lien, the County was named in the foreclosure action. Shortly thereafter, the Bank dismissed its foreclosure action, and the property was sold in a short sale transaction (between private parties) in September 2009. As a result, the County's counterclaim is pending disposition. The short sale buyer was Dina Merino. Ms. Merino has stated that she agreed to make all necessary repairs when she purchased the property, since neither the seller nor the Bank would agree to pay for any repairs. On February 25, 2010, Ms, Merino brought the property into compliance. Based on the ordered fines for the noncompliance period of 836 days, at $250 per day, the accrued Lien amount is $209,000. Ms. Merino is requesting a waiver of the $209,000 in accrued fines and a release of the Lien. Operational Costs in the amount of $323.20 have been paid by Ms. Merino. Agenda Item No, 16A7 April 13, 2010 Page 2 of 5 FISCAL IMPACT: Ms. Merino has paid the Operational Costs of $323.20 for consideration of this lien release. If approved by the Board, accrued fines in the amount of $209,000 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: As noted above, the County currently has an outstanding counterclaim in Case No. 2008-7583-CA, in which it is asserting its Lien interest. If this item is approved, the counterclaim will be voluntarily dismissed and the Lien will be forever relinquished. This item is legally sufficient for Board action, -JW RECOMMENDATION: That the Board waive the fines and release the Lien recorded at OR Book 4327, Page 2186, et seq., of the Official Public Records of Collier County for payment of $323.20 for operational costs, in relation to the Code Enforcement Board action entitled Board of County Commissioners vs. Janet Peralta., Case No. 2007-050023. And by approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 16A7 April 13, 2010 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners VS, Janet Peralta, Special Magistrate Case No, 2007-050023, relating to property located at 2365 55th Terrace SW, Collier County, Florida, 4/13/20109:00:00 AM Date Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Code Enforcement 3/18/201011:28:54 AM Date Approved By Diane B. Flagg Community Development & Environmental Services Director ~ Code Enforcement Code Enforcement 3/18120104:50 PM Approved By Date Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 3/23/2010 4:33 PM Approved By Date Jeff Wright County Attorney Assistant County Attorney County Attorney 3/24120103:51 PM Date Approved By Jeff Klatzkow County Attorney 3/30/20108:57 AM Nick Casalanguida Date Approved By Transportation Division Director - Transportation Planning Transportation Planning 3/31/20108:26 AM Approved By OMB Coordinator County Manager's Office Date Office of Management & Budget 4/1120109:04 AM Date Approved By Mark Isackson Office of Management & Budget ManagementfBudget Analyst, Senior Office of Management & Budget 4/5/20106:36 PM Agenda Item No. 16A7 Aprii 13, 2010 Page 4 of 5 This Instrument Prepared By: Marlene Serrano 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 is the owner and holder of a certain lien against all real and personal property owned by: Janet Peralta, Respondent The lien was recorded on 02/06/2008 in Official Records Book 4327, Page 2186, et seq., in the Official Records of Collier County, State of Florida. The lien secures the accrued sum of Two Hundred and Nine Thousand dollars zero cents, plus costs, accrued interest, and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 2365 55th Terrace SW, Collier County, Florida Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges 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 ofthis Release and Satisfaction of Lien, by action of the Board on this day of ,2010. 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 Agenda Item No. 16A7 April 13, 2010 Page 5 of 5 February 24, 2010 Collier County Code Enforcement Community Development and Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Reference Property Address: Case: 2365 55th Terr SW, Naples, FL 2007050023 To Whom It May Concern: That I, Dina Merino, I agreed to make all necessary repairs when I purchased the property. This was a short sale and neither the seller nor the bank would agree to pay for any repairs. I believe that I have brought the property up to code requirement and have actually done more than required. Kindly remove the outstanding lien as it's attached to my property. Contact phone # 239-272-5094 Thank you for your assistance in this matter. Sincerely, -",' "'..~, c:~ L. ..R-;,~~._- Dina Merino