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Agenda 07/27/2010 Item #16A 7Agenda Item No, 16A7 July 27, 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. Jason Bottiglia, Code Enforcement Special Magistrate Case No. 2007100032, relating to property located at 102 Cedar Crest Court, Collier County, Florida. (Revenue received $203.41) OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien for payment of $203.41, and waive the $292,500 balance on the lien, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Jason Bottiglia, Case No. 2007100032. CONSIDERATIONS: On January 4, 2008, the Code Enforcement Special Magistrate found Jason Bottiglia (Respondent) in violation of the Collier County Code of Laws and Ordinances for an unsecured pool screen enclosure and pool water in green, algaed and stagnate water. A written order was recorded on January 24, 2008, at O.R. Book 4324, Pages 78 -79. Respondent was ordered to correct the violations by: 1. Securing the upper half of the pool screen door by either the repair or replacement of the screen on or before January 9, 2008, or a fine of $250 per day would be imposed until compliance had been met. 2. Correct the condition of the pool water by eliminating the safety hazard and the harboring of any infestation and by correcting the stagnant and algaed water and maintaining the water in such a manner as to be free from unsightly appearance, including but not limited to, mold, litter and debris, on or before January 11, 2008, or a fine of $250 per day would be imposed until compliance had been met. Due to non - compliance and based on the above order, the Code Enforcement Special Magistrate entered an order dated May 16, 2008, imposing a lien ( "Lien "). The Lien was recorded on June 5, 2008, at O.R. Book 4367, Pages 0427, of the Official Public Records of Collier County. The property was never brought into compliance by the Respondent. The property was brought into compliance on August 19, 2009 by Countrywide Home Loans Inc. c/o Federal National Mortgage Association (lender) who acquired this property during the foreclosure process, by re- boarding the pool, and re- securing the pool with wire mesh and plastic sheeting. The pool water has been treated and drained /evaporated. Federal National Mortgage (through its loan servicing company) has submitted payment in the amount of $203.41, representing the operational costs. In exchange for this Agenda Item No, 16A7 July 27, 2010 Page 2 of 4 payment, they are requesting a waiver of $292,500 in fines that accrued prior to their taking title, and a release of the lien. FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $292,500 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 waive the fines and release the Lien recorded at O.R. Book 4367, Page 0427, of the Official Public Records of Collier County, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Jason Bottiglia, Case No. 2007100032 and by approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: 1) Release and Satisfaction of Lien Agenda Item No. 16A7 July 27, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A7 Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jason Bottiglia, Code Enforcement Special Magistrate Case No. 2007100032.. relating to property located at 102 Cedar Crest Court, Collier County, Florida. Meeting Date: 7127/2010 9'.00'00 AM Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development 8 Code Enforcement 71912010 10:24:15 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 71912010 10:42 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 71912010 1:45 PM Approved By Jeff Klatzkow County Attorney Date 7/912010 2:51 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7113/2010 8:19 AM Approved By Diane B. Flagg Director - Code Enforcement Date Community Development & Environmental Services Code Enforcement 711312010 10:41 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/1312010 1:07 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/13!2010 2:43 PM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 711412010 11:23 AM Agenda Item No 16A7 July 27. 2010 Page 4 of 4 This Instrument Prepared By: Jeff E. Wright , Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 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 a certain lien against all real and personal property owned by: Jason Bottiglia, Respondent The lien was recorded on June 5, 2008, in Official Records Book 4367, Pages 427 et seq. The lien secures the principal sum of sixty -three thousand two hundred three dollars and forty -one cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 102 Cedar Crest Court, Naples, Florida Folio No. 54850840000 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 acting through its Chairman Satisfaction of Lien, by , 2010. ATTEST DWIGHT E. BROCK, Clerk Z Board of County Commissioners of Collier County, Florida, directs execution and recording of this Release and action of the Board on this day of Deputy Clerk Approved as to form and legal sufficiency Jeff right Assi4t4nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman