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Agenda 10/26/2010 Item #16A 5Agenda Item No. 16A5 October 26, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve Release and Satisfactions of Lien for five separate Code Enforcement cases. OBJECTIVE: To have the Board approve waiver of fines and authorize the Chairman to sign Release and Satisfactions of Lien in relation to the code enforcement actions described below. CONSIDERATIONS: OSM Case No. 2007070252: As a result of code violations at 824 98th Ave North, the Code Enforcement Special Magistrate ordered the imposition of a lien against the owner, Humberto L. Jaen, in Special Magistrate Case No. 2007070252. The lien was recorded in the Official Public Records on January 18, 2008, at O.R. 4332, Page 0511, and it encumbers all real and personal property owned by Mr. Jaen. Based on accrued fines for the non - compliance period of 538 days at $250 per day, the accrued lien amount is $134,500. The operational costs in the amount of $337.08 have been paid. On August 6, 2008, Sun Trust Mortgage Inc. obtained title through foreclosure to property known as 3891 Estey Avenue, which was also owned by Mr. Jaen. Greenberg Traurig, P.A. representing Sun Trust Mortgage, Inc. which has offered a settlement amount of $675 to release the lien on 3891 Estey Avenue. There are no code violations on this property. Sun Trust Mortgage is requesting a waiver of fines since the violation occurred prior to their ownership of the property. OSM Case No. 2007080695: As a result of code violations at 6101 Taylor Road, Immokalee, the Code Enforcement Special Magistrate ordered the imposition of a lien against the owner, Richard K. Cruce. The lien was recorded in the Official Public Records on November 20, 2008, at O.R. 4408, Page 3648. The property was brought into compliance on June 30, 2010. Based on accrued fines for the non - compliance period of 632 days at $100 per day, the accrued lien amount is $63,200. Operational costs of $117.52 have been paid. Mr. Cruce is an existing property owner, the property is in compliance and the fines are no longer accruing. The property owner diligently pursued abatement as finances allowed and is requesting a waiver of fines and a release of lien. OSM Case No. CEPM20080007331: As a result of code violations at 4654 24th Place SW, the Special Magistrate ordered the imposition of a lien against the owners, Dian and June Edwards. The lien was recorded in the Official Public Records on November 5, 2009, at O.R. 4506, Page 2349. The property was brought into compliance on October 19, 2009. Based on accrued fines for the noncompliance period of 378 days at $250 per day, the accrued lien amount is $105,750 which includes additional fines of $11,250. Operational costs of $118.04 have been paid. Agenda Item No. 16A5 October 26, 2010 Page 2of8 On January 14, 2010 HSBC Bank USA National Trust obtained title through foreclosure to this property. There are no code violations on this property. HSBC is requesting a waiver of fines since the violation occurred prior to HSBC Bank USA ownership of the property. OSM Case No. CEPM20090002302: As a result of code violations at 5023 24th Ave SW, the Special Magistrate ordered the imposition of a lien against the owner, Lortoni Cardenas. The lien was recorded in the Official Public Records on September 18, 2009, at O.R. 4492, Page 3343. Based on accrued fines for the noncompliance period of 348 days at $250 per day, the accrued lien amount is $87,000. Operational costs of $117.96 have been paid. On March 23, 2010, Wells Fargo Bank, N.A. obtained title, through foreclosure. The property was brought into compliance on June 28, 2010 by the bank. Wells Fargo Bank, N.A. through American Home Mortgage c/o Powerlink is requesting a waiver of fines and a release of the lien. CEB Case No. 2003101183: As a result of code violations at 11339 Tamiami Trail East, the Code Enforcement Board (Case CEB: 2004 -035) ordered the imposition of a lien against the owner, Seven Stores, Ltd and The Circle K Corporation. The lien was recorded in the Official Public Records on February 8, 2005, at O.R. 3730, Page 2037. Based on accrued fines for the noncompliance period of 2,038 days at $25 per day, the accrued lien amount is $50,950. Operational costs of $1,076.25 were also assessed. The title of this property was transferred on April 1St, 2009 to L &R Ram, LLC DBA The Green Store Food Mart. The new property owner abated the violations and paid the operational costs in the amount of $1,076.25. There are no code violations on this property. L &R Ram, LLC is requesting a waiver of fines since the violation occurred prior to their ownership of the property. PASCAL IMPACT: If approved by the Board, accrued fines in the amounts described in this summary 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 in relation to the code enforcement actions, and by approval of this item, authorize the Chairman to sign the attached Release and Satisfactions of Lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: Five (5) Release and Satisfactions of Lien Agenda Item No. 16A5 October 26, 2010 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Item Summary: Recommendation to approve Release and Satisfactions of Lien for five separate Code Enforcement cases. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Environmental Services Code Enforcement 1014/2010 4:13:40 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 101512010 1:26 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 10/5/2010 3:04 PM Approved By Diane B. Flagg Director - Code Enforcement Date Community Development & Environmental Services Code Enforcement 101512010 6:31 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 10/8/2010 1:42 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 10112/2010 1:01 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412010 12:08 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Budget Office of Management & Budget 10/15/2010 12:25 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/16/2010 2:38 PM Agenda Item No. 16A5 October 26, 2010 Page 4 of 8 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: Seven Stores, Ltd. and The Circle K Corporation and Michael Martin, CPA, Reg. Agent, Respondents The lien was recorded on February 8, 2005 in Official Records Book 3730, Pages 2037- 2038, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three thousand five hundred one dollars and twenty -five cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 11339 Tamiami Trail East, Naples, FL Folio No. 62250320002 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 By: Deputy Clerk Approv d as to form and legal sufficiency Jeff right Assik,aht County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Agenda Item No. 16A5 October 26, 2010 Page 5 of 8 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: Lortoni Cardenas, Respondent The lien was recorded on September 18, 2009 in Official Records Book 4492, Pages 3343 -3344, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve thousand eight hundred sixty-seven dollars and ninety -six cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 5023 24"' Avenue SW, Naples, FL Folio No. 36111400000 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 By: Deputy Clerk Approved as to form and legal sufficiency J ff Wright Absidtant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Agenda Item No. 16A5 October 26, 2010 Page 6 of 8 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: Richard K. Cruce, Respondent The lien was recorded on November 20, 2008 in Official Records Book 4408, Pages 3648 -3652, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three thousand three hundred seventeen dollars and fifty -two cents, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 6101 Taylor Road, Immokalee, FL Folio No. 00059520007 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA In Deputy Clerk Approved as to form and legal sufficiency J ff E Wright As ' ant County Attorney By: Fred W. Coyle, Chairman Agenda Item No, 16A5 October 26, 2010 Page 7 of 8 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: Dian Edwards and June Edwards, Respondents The lien was recorded on November 5, 2009 in Official Records Book 4506, Pages 2349 -2354, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of ninety -four thousand five hundred dollars, plus accrued penalties, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 4654 24'"' Place SW, Naples, FL Folio No. 35981560003 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 12010. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jej E. hlVright As 's nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Agenda Item No. 16A5 This Instrument Prepared By: October 26, 2010 Jeff E. Wright , Assistant County Attomey Page 8 of 8 Collier County Attorney's Office 3001 E. Tamiami Trail Naples,' FL 34112 (239) 252 -8400 PARTIAL RELEASE 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: Humberto L. Jaen, Respondent The lien was recorded on February 22, 2008 in Official Records Book 4332, Pages 511- 514, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seventeen thousand eight hundred thirty -seven dollars and eight cents, plus accrued penalties. Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, acknowledges partial payment and hereby cancels and releases the lien in relation to the following property only. 3891 Estey Avenue, Collier County, Florida Folio No. 26630080005 The Board of County Commissioners hereby acknowledges that the lien ceases to exist as to the above described property only, and that the lien shall remain in full force and effect with respect to all other real and personal property owned by Respondent. IN WITNESS WHEREOF, the Board Florida, acting through its Chairman Release of Lien, by action of 2010. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk of County Commissioners of Collier County, directs execution and recording of this Partial the Board on this day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency t J ff Wright A taut County Attorney By: Fred W. Coyle, Chairman