Agenda 02/28/2017 Item #16A 302/28/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$162,726.71 for payment of $576.71 in the code enforcement actions entitled Board of County
Commissioners v. Dukens Pierre, Code Enforcement Board Case No. CESD20130006038 relating to
property located at 4473 18th Place SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code
enforcement lien with an accrued value of $162,726.71 for payment of $576.71 in relation to Code
Enforcement Board Case No. CESD20130006038.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Dukens Pierre, Case No. CESD20130006038, for code violat ions at 4473 18th
Place SW, consisting of an unpermitted lanai enclosure. The lien was recorded in the Official Records on
September 23, 2014, at O.R. Book 5078, Page 3440. The lien amount of $162,726.71 is based on 813
days of accrued fines ($200 per day from July 24, 2014 through October 13, 2016), in the amount of
$162,600 plus operational costs of $126.71. The property was brought into compliance on October 13,
2016.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. Mr. Pierre fully recognizes that the Code Enforcement
Board granted him an extension, but was unable to complete the project due to the death of a family
member, the economy and financial crisis. The fines, which were imposed since 2014, would cause the
property to go into foreclosure, resulting in a severe hardship on the owner. The property is being actively
maintained and $576.71 has been paid in settlement of fines. The owner is requesting a waiver of
$162,150 in accrued fines, (see attached hardship letter as required). There are no known violations.
FISCAL IMPACT: Payment of $576.71 has been made, representing $450 in fines, plus $126.71 in
operational costs. If approved by the Board, accrued fines in the amount of $162,150 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46. - KN
RECOMMENDATION: To waive the fines in the amount of $162,150, accept payment amount of
$576.71, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Release and Satisfaction - KN signed(14) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
16.A.3
Packet Pg. 591
02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 2619
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $162,726.71 for payment of $576.71 in the code enforcement actions entitled Board of
County Commissioners v. Dukens Pierre, Code Enforcement Board Case No. CESD20130006038
relating to property located at 4473 18th Place SW, Collier County, Florida.
Meeting Date: 02/28/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
01/23/2017 9:56 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/23/2017 9:56 AM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/23/2017 2:49 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/24/2017 10:18 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 01/25/2017 10:06 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/02/2017 8:44 AM
Growth Management Department James French Additional Reviewer Completed 02/03/2017 9:28 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/06/2017 10:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2017 4:21 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/06/2017 4:23 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/09/2017 9:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 10:33 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.A.3
Packet Pg. 592
16.A.3.a
Packet Pg. 593 Attachment: Release and Satisfaction - KN signed(14) (2619 : Pierre, Release of Lien)
16.A.3.b
Packet Pg. 594 Attachment: Lien Order (2619 : Pierre, Release of Lien)
16.A.3.b
Packet Pg. 595 Attachment: Lien Order (2619 : Pierre, Release of Lien)
16.A.3.b
Packet Pg. 596 Attachment: Lien Order (2619 : Pierre, Release of Lien)
16.A.3.b
Packet Pg. 597 Attachment: Lien Order (2619 : Pierre, Release of Lien)
16.A.3.b
Packet Pg. 598 Attachment: Lien Order (2619 : Pierre, Release of Lien)
16.A.3.c
Packet Pg. 599 Attachment: Hardship ltr (2619 : Pierre, Release of Lien)
02/28/2017
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Quarry Phase 7, Application Number PL20130002458, with the roadway and
drainage improvements being privately maintained and to authorize the release of the maintenance
security and acceptance of the plat dedications.
_____________________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the
improvements associated with the Quarry Phase 7 plat, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On June 4, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Quarry Phase 7.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association.
3) The required improvements have been constructed in accordance with the
Land Development Code (LDC). Staff has inspected the improvements and is recommending
final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C.3 of the LDC. (A copy of the
document is attached).
5) This project is within the Heritage Bay PUD, which has been found to be in substantial
compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of $54,075.16 will be released upon Board
approval. The original security in the amount of $594,826.75 has been reduced to the current amount
based on the previous work performed and completed, and pursuant to the terms of the Construction and
Maintenance Agreement dated September 9, 2014.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Quarry Phase 7, Application Number PL20130002458, and authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and acceptance of the dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
16.A.4
Packet Pg. 600
02/28/2017
ATTACHMENT(S)
1. Construction and Maintenance Agreement (PDF)
2. Location Map (PDF)
3. Resolution (PDF)
16.A.4
Packet Pg. 601
02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 2622
Item Summary: Recommendation to grant final approval of the private roadway and drainage
improvements for the final plat of Quarry Phase 7, Application Number PL20130002458, with the
roadway and drainage improvements being privately maintained and to authorize the release of the
maintenance security and acceptance of the plat dedications.
Meeting Date: 02/28/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
01/23/2017 12:23 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/23/2017 12:23 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/24/2017 10:45 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/26/2017 8:38 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/30/2017 1:00 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/30/2017 3:36 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/30/2017 4:26 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/03/2017 2:58 PM
Growth Management Department James French Additional Reviewer Completed 02/07/2017 10:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/08/2017 8:29 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/08/2017 3:41 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/09/2017 9:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 10:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.A.4
Packet Pg. 602
16.A.4.a
Packet Pg. 603 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 604 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 605 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 606 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 607 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 608 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.a
Packet Pg. 609 Attachment: Construction and Maintenance Agreement (2622 : Final Subdivision Acceptance Quarry 7)
-l>15-11 18 17 to 15 1f
GULF
OF
MAXICO
Location Ma
N .T. S.
21
24nz?i
I ERD
2?
td<F-
n
25
t. l
1.lt
\SITE
25
-i./ars*JI
VANDEF
1a l(34
RD
.1;i
28
i5
3
t.-- )
4
t1 12t1X
u
o_x.17 j
I
O:m
z.
(JoJ
4.
s
PINE R
-
cn
x^
Lr-j
=J
3
1t)
UUL T(U
-U (!l r lVHrTq BLVD
ll
l
r l^
I
16.A.4.b
Packet Pg. 610 Attachment: Location Map (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.c
Packet Pg. 611 Attachment: Resolution (2622 : Final Subdivision Acceptance Quarry 7)
16.A.4.c
Packet Pg. 612 Attachment: Resolution (2622 : Final Subdivision Acceptance Quarry 7)