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Agenda 10/27/2009 Item #16A 7Agenda Item No. 16A7 October 27, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Proposed Settlement providing for Compromise and Release of Liens in the Code Enforcement Action entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located at 2414 58th Avenue NE, Naples, Florida. OBJECTIVE: That the Board of County Commissioners approve a proposed settlement with Deutsche Bank Trust Co., to release code enforcement liens, fines, civil penalties and operational costs in the total amount of $71,399.19 in exchange for payment of $24,080 in the Code Enforcement Board action entitled Collier County v. Deutsche Bank Trust Co, CEB No. 2007080008. CONSIDERATIONS: On April 24, 2008, The Code Enforcement Board found Melkys Borrego (Respondent) in violation of the Collier County Land Development Code for a garage enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room, and bedrooms. Respondent was ordered, to obtain a Collier County Building Permit or Demolition Permit for the garage enclosure and alterations, all inspections, and obtain a certificate of occupancy within 120 days, or a fine of $250 per day would be imposed until the property was brought into compliance. Based on the above order, the Code Enforcement Board entered an order (dated May 28, 2009) imposing a lien. The Order Imposing Fine/Lien, which provided for continuing accrual of fines, was recorded at O.R. Book 4460, Page 2907, of seq., of the Official Public Records of Collier County. The property was brought into compliance by Deutsche Bank (who acquired the property through foreclosure action) on June 2, 2009. When calculated at $250 per day for the noncompliance period of 284 days, combined with $399.19 in operational costs, the accrued lien amount is $71,399.19. Deutsche Bank has deposited $24,080, representing fifty percent (50%) of the lien amount, less the bank's expenditures to bring the property into compliance. FISCAL IMPACT: The Bank has paid $24,080 for consideration of this settlement offer (via two separate payments, one for $2,979.19 and the other for $21,100.81). These funds have been deposited into the Code Enforcement Board Fines Revenue Account MSTD General Fund 111. If the settlement offer is approved by the Board, the remaining fines in the amount of $47,319.19 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 Agenda Item No. 16A7 October 27, 2009 Page 2 of 4 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: Diane Flagg, Code Enforcement Director rage i or t Agenda Item No. 16A7 October 27, 2009 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A7 Item Summary: Recommendation to approve Proposed Settlement providing for Compromise and Release of Liens in the Code Enforcement Action entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located at 2414 58th Avenue NE, Naples, Florida. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Marlene Serrano Investigative Supervisor Date CDES Code Enforcement 10/912009 4:38:01 PM Approved By Diane B. Flagg Code Enforcement Director Date Community Development & Code Enforcement 10/9/2009 7:01 PM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 10112/2009 4:50 PM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 10/1312009 12:05 PM Environmental Services Environmental Services Admin. Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 1011412009 8:19 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412009 9:42 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/14/2009 3:20 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1011512009 3:45 PM file: / /C: \AgendaTest \Export\137 - October 27,2009\16. CONSENT AGENDA \16A. COM... 10/21/2009 Agenda Item No. 16A7 October 27, 2009 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 This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated May 28, 2009, a certified copy of which was recorded on June 10, 2009, in O.R. Book 4460, Page 2907, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Deutsche Bank Trust Co.,: Location: 2414 581h Avenue NE, Naples, Collier County Cost: $ 24,080.00 (by negotiated settlement) Reference: CEB Case No. 2007080008 The undersigned is authorized to and does hereby release this lien as to the whole of the above described real property, and all other real and personal property owned by Deutsche Bank Trust Co., and consents to this lien being discharged of record. Dated this day of , 2009. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA in Deputy Clerk Approved as to form and legal sufficiency Jeff Wright Assistant County Attorney By: Donna Fiala, Chairman