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Agenda 05/25/2010 Item #16A10 Agenda Item No. 16A 10 May 25, 2010 Page 1 of? EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Linda L. Hiatt, Kevin Hiatt and Jennifer Hiatt, Code Enforcement Special Magistrate Case No.CEPM20080005772, relating to property located at 5021 Coronado Parkway, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners approve a proposed settlement with Wells Fargo Bank. NA, to release a code enforcement lien with a combined accrued value of $61,932, in exchange for payment of $50,818, in the Code Enforcement Special Magistrate case Collier County v. Wells Fargo Bank, NA Case Number CEPM20080005772. CONSIDERATIONS: On August 15, 2008, the Special Magistrate found Linda L. Hiatt, Kevin Hiatt and Jennifer Hiatt (Respondents) in violation of the Collier County Land Development Code for property maintenance and housing violations consisting of, but not limited to, damage exterior walls, inoperable exterior lighting, broken windows, torn and/or missing screens, mold and mildew growth on exterior walls and litter and debris scattered about property. The Respondent was ordered to correct all violations and obtain interior inspections of all units on or before September 15, 2008 or a fine of $250 per day would be imposed until the property was brought into compliance. Based on the above order, the Special Magistrate entered an order (dated April 17, 2009) imposing a lien. The lien provided for continuing accrual of fines, and was recorded on April 30, 2009, at O.R. Book 4448, Pages 1286, et seq., of the Official Public Records of Collier County. The property was brought into compliance by Wells Fargo Bank, NA (who acquired the property through foreclosure) on November 10, 2009. When calculated at $250 per day for the noncompliance period of 451 days, the accrued lien value is $112,750. Operational costs of $117.60 in this case were paid on April 1 , 2010. Wells Fargo Bank, NA expended $5,557.93, to bring the property into compliance and has requested that the Board accept a settlement amount of $50,818 to release the lien on the property so that it may be sold. The bank funds and settlement agreement were received prior to the Board discussion on May 11, 2010 of the revised resolution. This offer exceeds what would be due under the proposed resolution. FISCAL IMPACT: The Bank has provided payment of $50,818 for consideration of their settlement offer; all operational costs have been paid. These funds have been deposited into the Special Magistrate Fines Revenue Account MSTD General Fund 111. Agenda Item No, 16A10 May 25, 2010 Page 2 of 7 If the settlement offer is approved by the Board, the remaining fines in the amount of $57,074.07 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. JW RECOMMENDATION: That the Board of County Commissioners accepts the proposed settlement agreement and authorizes the Chairman to sign the attached Release and Satisfactions of Lien. PREPARED BY: Marlene Serrano, Operations Manager ttem Number: Item Summary: Meeting Date: Agenda Item No. 16A10 May 25. 2010 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs, Linda L, Hiatt, Kevin Hiatt and Jennifer Hiatt. Code Enforcement Special Magistrate Case No, CEPM20080005772, relating to property located at 5021 Coronado Parkway, Collier County, Florida. 5/25/20109:00:00 AM Manager ~ Code Enforcement Operations Date Prepared By Marlene Serrano Community Development & Environmental Services Code Enforcement 4/16/20104:55:13 PM Nick Casalanguida Director w Transportation Planning Date Approved By Transportation Division Transportation Planning 4/28/20101:14 PM Approved By Judy Puig Community Development & Environmental Services Date Operations Analyst Community Development & Environmental Services 5/13/20103:26 PM Approved By Assistant County Attorney Date Jeff Wright County Attorney County Attorney 5/13/2010 3:40 PM Diane B. Flagg Director ~ Code Enforcement Date Approved By Community Development & Environmental Services Code Enforcement 5/13/20107:07 PM Approved By OMB Coordinator County Manager's Office Date Office of Management & Budget 5/14/20101:26 PM County Attorney Date Approved By Jeff Klatzkow 5/14/20103:39 PM Leo E. Ochs, Jr. County Manager Date Approved By County Managers Office County Managers Office 5/17/20106:48 PM A 9; J Residential Services, llC 3108 Santa 8arbara 8lvd 5te 105/403 Cape Coral FL 33914 TO JlUian Miller/Red Crown Realty 5021 Coronado Pkwy Naples FL QTY _____L UNIT _PRICE _ DESCRIPTION 14 Pressure Wash entire perimeter. exterior ground level up to around 10' to remove mold and mildew to satisfy code enforcement and then using a 10% solution of bleach rinse the same are that was pressured washed Reglaze broken/missing window 10 ~ x 14" panes of glass in window unit A Reglaze broken/missing window 10 15/16 x 10/45/16 in bathroom unit A Regtaze broken/missing window 10 l,4 x 14" panel of glass window in unit B Exterior: Debris Removal and disposal of washer, pick up trash on the property Initial Cut, trimmjng, edging and pruning Repair opening in drywall that is through to the interior of the structure. Repair consist of removing 18 sq in of current stucco, ptacing wire lathe over opening and reapplying stucco. Repair aU other holes in the extenor of the structure type of repair will depend on original surface material wood Istucco. Replace existing exterior tight fjxtures Replace misslngltom screens on rear porches. Agenda Item No. 16A10 May 25. 2010 Page 4 of 7 Invoice DATE: FEBRUARY 17. 2010 LINE TOTAL $425.00 $50 S700.00 $35 $70 $50 550 S275.00 $225.00 5850.00 550 5100 5750 11 I I ! I i I Replace window 36x62. missing Lower half of window, unable to match, entire window needs to be replaced, includes labor and materials Replace window 25x50J missing lower half of window I unable to match, entire window needs to be replaced, includes Labor and materials. II Cut down large BraziUan pepper tree- and haul away debris I i I I ! I Agenda Item No, 16A10 May 25. 2010 Page 5 of 7 $420.21 I I ! I i I i I I I I I I ! ~ ' I -----;;:-L I SUBTOTAL $48S7~ I SALES TAX I 1 I I TOTAlIS4857.931 ! S392.n $600 Agenda Item No. 16A10 May 25,2010 Page 6 of 7 A & J Residential Services LLC Invoice 3108 Santa Barbara Blvd Ste 105-403 Cape Coral, FL 339]4 Date Invoice # 4/t61201O 304 Bill To Red Crown Realty Jillian Mifler 5021 Coronado Pkwy NaplesFL34116 P.O. No. Terms Project Item Description EstAmt Prior Amt Prior % Qty Rate Curr% Total % Amount Stairs Replace top stalr tread and 550.00 550.00 ] 00.00% 100.00% 550.00 replace top layer of rnasonite on upper landing Stairs Add two 2 x 4 posts to existing 150.00 150.00 ] 00.00% 100.00"10 150.00 stairs for stability Total $700.00 Payments/Credits $0,00 Balance Due $700.00 Agenda Item No. 16A10 May 25. 2010 Page 7 of 7 This Instrument Prepared By: Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney 3301 E. Tamiami Trail Naples, Florida 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 certain lien against: LINDA L. HIATT, KEVIN HIATT and JENNIFER HIATT The lien was recorded on April 30, 2009, in Official Records Book 4448, Pages 1286, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal accrued sum of one hundred twelve thousand seven hundred fifty dollars, 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: Folio No, 36110520004 5021 Coronado Parkway, Naples, Florida 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 ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Deputy Clerk