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Agenda 12/01/2009 Item #16A 8 Agenda Item No. 16A8 December 1, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Kerry Hyppolite, Case No. 2007090300 relating to property located at 2640 Santa Barbara Boulevard, Naples, Florida. (Revenue Received $18,655.74) ,.-.. - OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed settlement offer from Bank of America to release a $37,275 code enforcement special magistrate lien for payment of $18,396 plus operational costs, in relation to the Code Enforcement Special Magistrate action entitled Collier County vs. Kerry Hyppolite, Case No. 2007090300. CONSIDERATIONS: On January 4, 2008, The Special Magistrate found Kerry Hyppolite (Respondent) in violation of the Collier County Code of Laws and Ordinances for violation of minimum housing standards by having several broken windows, no screens and no working air conditioner, and for failure to register a residentially owned rental property. The Special Magistrate ordered Respondent to abate the violation by repairing or replacing the broken windows and the air conditioner on or before January 11, 2008, or a fine of $250 per day will be assessed for each day the violation continued unabated. Also ordered respondent to register the property as a rental property and pay all necessary fees, late fees, and fines required for such registration on or before January 11, 2008 or a fine of $25 per day will be assessed for each day the violation continued unabated. Due to non-compliance and based on the above order, the Special Magistrate entered an order (dated May 16, 2008) imposing a lien. The Order Imposing a Lien was recorded at OR. Book 4367, Page 0422, of the Official Public Records of Collier County. The property was brought into compliance by the Respondent by replacing the broken windows and the air conditioner on June 8, 2008. When calculated at $250 per day for the non-compliance period of 148 days, the accrued lien amount is $37,000. Daily fines of $25 per day also accrued for the rental registration portion of the case which was reduced by the Special Magistrate to $275. The total lien amount is $37,275. On November 18, 2009, Bank of America took title to this property via foreclosure and contacted the County to propose settlement of this lien. FISCAL IMPACT: Bank of America has paid $18,396 and the Operational Costs of $259.74 for consideration of this settlement offer. If the settlement offer is approved by the Board, the remaining fines in the amount of $18,619.26 will be waived. "-,, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No. 16A8 December 1, 2009 Page 2 of 4 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accept the settlement offer and approve the release of the lien recorded at O.R. Book 4367, Pages 0422, et seq., of the Official Public Records of Collier County. By approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager ,.,,^ ,'~' " Agenda Item No. 16A8 December 1, 2009 Page 3 of 4 COLLIER COUNTY ~.~-, BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A8 Meeting Date: Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Kerry Hyppoiite, Case No. 2007090300 relating to property located at 2640 Santa Barbara Boulevard, Naples, Florida. 12/1/20099:00:00 AM Prepared By Marlene Serrano Manager ~ Code Enforcement Operations Date Community Development & Code Enforcement 111161200910:44:58 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 1111712009 1 :25 PM Approved By Joseph K. Schmitt Administrator ~ Community Development Date Community Development & Community Development & Environmental Services Environmental Services 11/17120095:57 PM -" Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 11118120098:34 AM Approved By Diane B.-Flagg Director - Code Enforcement Date Community Development & Code Enforcement Environmental Services 11118/2009 1 :28 PM Approved By Jeff Klatzkow County Attorney Date 11119120099:37 AM Approved By OMS Coordinator Date County Attorney County Attorney 11119120091:50 PM Approved By Ma rk Isackson Management/Budget Analyst, Senior Date Office of Management & - Budget Office of Management & Budget 111201200910:39 AM .---. " ,. ., ,-.- --,-,,,~_.--,.'- '" .. , , Agenda Item No. 16A8 December 1, 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 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: Kerry Hyppolite , Owner The lien was recorded on 05/16/2008 in Official Records Book 4367, Page 0422, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty-one thousand seven hundred eighty-four dollars and seventy-four 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: 2640 Santa Barbara Blvd, Naples, FL 34116 Cost: $18,396 (by negotiated settlement) 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 ,2009. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and legal sufficiency f . .,....,~'....,..'~,...~". .".-- .. '~_" ,,,,c,