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Agenda 05/25/2010 Item #16A 3 Agenda Item No. 16A3 May 25,2010 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Dawn & Linzel T. Jeffrey, CEB Case No. CESD20090003484 relating to property located at 3141 Pine Tree Drive, Naples, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien for payment of $7,918.43, and waive the remaining $14,370.00 balance on the Lien, in relation to the Code Enforcement Board action entitled Board of County Commissioners VS. Dawn & Linzel T. Jeffrey (and Federal National Mortgage Association), CEB Case No. CESD20090003484. CONSIDERATIONS: On May 28, 2009, the Code Enforcement Board found Dawn & Linzel T. Jeffrey (Respondents) in violatiDn of the Collier County Code of Laws and Ordinances for converting a garage into a living space without first obtaining Collier County approval, necessary permits, inspections, and certificate of completion. Respondents were ordered to correct the violations by applying for and obtaining all required Collier County building permits, inspections, and certificate of completion for the conversion of the garage or apply for and obtain a demolition permit to demolish all unpermitted alterations and returning the structure to its original permitted state within 120 days of the hearing or a fine of $200 per day would be imposed until compliance had been met. On August 14, 2009, Federal National Mortgage Association acquired the property through foreclosure, Due to non-compliance and based on the previous order, the Code Enforcement Board entered an order dated October 22, 2009 imposing a lien ("Lien"). The Lien was recorded at O,R. Book 4506, Page 2284, et seq., of the Official Public Records of Collier County. Federal National Mortgage Association brought the property into compliance on January 14, 2010. Based on accrued fines for the noncompliance period of 111 days at $200 per day, the accrued Lien amount is $22,288.43, which includes $88.43 in operational costs. Federal National Mortgage Association has offered a settlement amount of $7,918.43 for release of the lien and has expended $3,270 to bring the property into compliance. FISCAL IMPACT: If approved by the Board, remaining fines in the amount of $14,370.00 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No, 16A3 May 25, 2010 Page 2 of 4 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board accept the settlement offer of $7,918.43, and release the Lien described herein, for payment received from Federal National Mortgage Association, in relation to the Code Enforcement Board action entitled Board of County Commissioners VS. Dawn & Linzel T. Jeffrey (and Federal National Mortgage Association), CEB Case No. CESD20090003484, 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, 16A3 May 25,2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to approve the Proposed Settlement providing for Compromise and Release of Liens for the Code Enforcement Action entitled Board of County Commissioners vs, Dawn and Linzel R, Jeffrey, Code Enforcement Case No, CESD20090003484 relating to property located at 3141 Pine Tree Drive, Naples, Florida, 5/25/20109:00:00 AM Date Prepared By Marlene Stewart Community Development & Environmental Services Administrative Secretary Code Enforcement 4/1/20104:18:20 PM Date Approved By Jeff Wright County Attorney Assistant County Attorney County Attorney 4/2/2010 1 :28 PM Date Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Code Enforcement 4/2/20102:39 PM Approved By Date Jeff Klatzkow County Attorney 4/2/20103:10 PM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 4/5/2010 11 :06 AM Nick Casalanguida Date Approved By Transportation Division Director ~ Transportation Planning Transportation Planning 4/9/20107:50 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 4/12/201010:14AM Date Approved By Michael Sheffield Assistant to the County Manager County Managers Office 5/14/2010 4:40 PM Agenda Item No, 16A3 May 25. 2010 Page 4 of 4 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: Federal National Mortgage Association, Respondent The lien was recorded on November 5, 2009, in Official Records Book 4506, Pages 2284, et seq" in the Official Records of Collier County, State of Florida. The lien secures the accrued sum of twenty-two thousand two hundred eighty-eight dollars and forty-three 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: 3141 Pine Tree Drive. Naples, 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 of this 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: Deputy Clerk By: Fred W, Coyle. Chaimnan ,d as to form and legal sufficiency \ .~