Agenda 02/23/2010 Item #16A 1
Agenda Item No. 16A 1
February 23, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien for the
Code Enforcement Action entitled Board of County Commissioners vs.
Leobardo and Maritza Gutierrez, Case No. 2004060944 (CEB No. 2004-048),
relating to property located at 1815 NE 47 Avenue, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien, and waive the $13,425 in fines, for the Code
Enforcement Board action entitled Board of County Commissioners VS. Leobardo
and Maritza Gutierrez, Case No, 2004060944 (CEB No. 2004-048),
CONSIDERATIONS: On September 23, 2004, The Code Enforcement Board
found Leobardo and Maritza Gutierrez (Respondents) in violation of the Collier
County Land Development Code and the Florida Building Code for an
"unsecured partially constructed single-family dwelling deemed abandoned" with
an expired permit.
Respondent was ordered to correct the violations by:
1, Submitting a complete and sufficient variance application for the setback
encroachment on or before November 7, 2004 or a fine of $25 per day
would be imposed until compliance has been confirmed.
2, Respondent was also ordered to obtain a building permit and complete all
inspections and Certificate of Occupancy within 8 months of the Petition
for Variance being granted or a fine of $100 per day until compliance has
been confirrned,
3. As an alternative, the respondents would apply for a demolition permit and
remove the structure within 60 days of the determination of the variance
or a fine of $100 per day that the violation continued past that date,
Due to non-compliance and based on the above order, the Code Enforcement
Board entered an order dated February 27, 2006, imposing a lien ("Lien Order").
The Lien Order was recorded at OR, Book 3989, Page 3771, et seq., of the
Official Public Records of Collier County. The property was brought into
compliance on February 1, 2006, by Leobardo and Maritza Gutierrez by
submitting a complete variance and obtaining a Collier County building permit
and Certificate of Occupancy on the single-family home.
Total fines for the noncompliance period of 121 days on Order (1) at $25 per day,
the accrued lien amount is $3,025.
Total fines for the noncompliance period of 104 days on Order (2) at $100 per
day, the accrued lien amount is $10,400.
Agenda Item No. 16A1
February 23,2010
Page 2 of 4
The Respondent is requesting a waiver of the $13,425 in assessed fines and a
release of the lien. Operational Costs in the arnount of $649.61 were paid on
July 8, 2009,
FISCAL IMPACT: The Respondents have paid the Operational Costs of
$649.61 for consideration of this settlement offer. If approved by the Board, the
fines in the amount of $13,425 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 and release the Lien
Order recorded at O.R. Book 3989, Page 3771 et seq, , of the Official Public
Records of Collier County for payment received from Leobardo and Maritza
Gutierrez in the amount of $649,61 (representing operational costs), for the Code
Enforcement Board action entitled Board of County Commissioners VS, Leobardo
and Maritza Gutierrez, Case No. 2004060944 (CEB2004-048), and in approving
this item, authorize the Chairman to sign the attached Release and Satisfaction
of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A1
February 23, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Leobardo and Maritza Gutierrez, Case
No. 2004060944, (CEB No, 2004-048) relating to property located at 1815 NE 47 Avenue,
Naples, Florida,
2123/2010 9:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
1/25/20104:12:48 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
1/25/20104:50 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
1/27/2010 2:S7 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
1/28/20103:29 PM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
2/2/20108:10 AM
Approved By
OMS Coordinator
County Manager's Office'
Date
Office of Management & Budget
2/2/20104:34 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
2/9/20103:05 PM
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
2/16/20108:30 AM
Agenda Item No. 16A1
February 23, 2010
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:
Leobardo and Maritza (also "Martiza") Gutierrez
The lien was recorded on February 28, 2006, in Official Records Book 3989, Pages
3771-3772, in the Official Records of Collier County, State of Florida. The lien secures
the accrued sum of thirteen thousand four hundred twenty-five dollars, and imposes
certain obligations against all real property owned by the above parties, including the
following property situated in Collier County, Florida:
Folio No, 39655120005
1815 N.E. 47'" Avenue, Naples, Florida
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges waiver of its interest in, and 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 Chairnnan, 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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairnnan
Deputy Clerk
as to form and legal sufficiency
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t County Attorney