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Agenda 07/27/2010 Item #16A 8Agenda Item No. 16A8 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. Jeffrey A. Stolz, Code Enforcement Special Magistrate Case No. CEV- 2008 - 0012174, relating to property located at 3311 8th Avenue SE, Collier County, Florida. (Revenue received $700) OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien for payment of $700, and waive the $10,162.78 balance on the lien, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Jeffrey A. Stolz, Case No. CEV- 2008 - 0012174. CONSIDERATIONS: On May 1, 2009, the Code Enforcement Special Magistrate found Jeffrey A. Stolz (Respondent) in violation of the Collier County Code of Laws and Ordinances for unlicensed and inoperable vehicles parked /stored on Estates zoned property. A written order was recorded on May 18, 2009, at O.R. Book 4453, Page 2154. Respondent was ordered to correct the violations by affixing a current tag to the vehicles, repairing the vehicles so they are operational, or by storing the vehicles in a completely enclosed structure, or by removing the vehicles from the property on or before May 7, 2009, or a fine of $50 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 July 24, 2009, imposing a lien ( "Lien "). The Lien was recorded on August 11, 2009, at O.R. Book 4481, Page 760, of the Official Public Records of Collier County. The property was brought into compliance on November 30, 2009 by removing the vehicles from the property. Albertelli Law, representing the mortgage holder has initiated foreclosure proceedings against the Respondent, and the County was named as a party because it held this Lien. In an effort to remove the County from the foreclosure case, they have submitted payment in the amount of $700, representing operational costs of $117.78, the County's court filing fee of $395, and a nominal penalty amount of $187.22. In exchange for this payment, they are requesting a waiver of $10,162.78 in fines that accrued prior to their taking title, and a release of the lien. If this item is approved, the County will be dismissed from the foreclosure action, which is ongoing. FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $10,162.78 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No. 16A8 July 27. 2010 Page 2 of 4 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 4481, Page 760, of the Official Public Records of Collier County, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Jeffrey A. Stolz, Case No. CEV- 2008 - 0012174 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. 16A8 July 27, 2010 Page 3 of 4 COLLIER COUNTY ._. BOARD OF COUNTY COMMISSIONERS Item Number: 16A8 Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jeffrey A. Stolz, Code Enforcement Special Magistrate Case No CEV20080012174, relating to property located at 3311 8th Avenue SE, Collier County, Florida. Meeting Date: 7/27/2010 9'.00'.00 AM Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Cade Enforcement 711312010 2:41:31 PM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 7!1312010 2:44 PM Environmental Services Environmental Services Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/1312010 2:54 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 711312010 5:17 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 711412010 11:14 AM Approved By Diane B. Flagg Director - Code Enforcement Date Community Development & Code Enforcement 7/1412010 1:13 PM Environmental Services Approved By Jeff Klatzkow County Attorney Date 711412010 2:58 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 711412010 4:30 PM Approved By _.., Mark Isackson ManagementiBudget Analyst, Senior Date Office of Management & Office of Management & Budget 7/1412010 5:09 PM Budget Agenda Item No. 16A8 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, 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 a certain lien against all real and personal property owned by: Jeffrey A. Stolz, Respondent The lien was recorded on August 11, 2009 in Official Records Book 4481, Pages 760, et seq. The lien secures the principal sum of four thousand seventeen dollars and seventy - eight 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: 3311 81" Ave. SE, Naples, FL Folio No. 40934840008 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 By: Deputy Clerk Approved as to form and legal sufficiency eff g. Wright stant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Fred W. Coyle, Chairman