Agenda 02/23/2010 Item #16A 2
Agenda Item No. 16A2
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.
Pedro Cruz, Case No. CESD20080007554, relating to property located at
2222 51st Terrace SW, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien, and waive the $40,000 balance on the Lien, in
relation to the Code Enforcement Board (CEB) action entitled Board of County
Commissioners VS. Pedro Cruz/LaSalle Bank National Association, CEB Case
No, CESD20080007554,
CONSIDERATIONS: On February 26, 2009, The CEB found Pedro Cruz
(Respondent) in violation of the Collier County Land Development Code and the
Florida Building Code for non-permitted extension to an existing home, and for
added doors and windows in this addition, along with an unpermitted pool, tiki hut
and shed.
Respondent was ordered to correct the violations by:
1. Obtaining Collier County Building Permits, all inspections and certificate of
occupancy on or before June 27, 2009, or a fine of $200 per day would be
irnposed until compliance has been confirmed.
2. As an alternative, the respondent would apply for a demolition permit and
remove the unpermitted structure on or before June 27, 2009 or a fine of
$200 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 July 23, 2009, imposing a lien ("Lien Order")
against this property, The Lien Order was recorded at O.R. Book 4481, Page
754, et seq., of the Official Public Records of Collier County (the party stated on
the Lien Order is LaSalle National Bank, which took title to this property via
foreclosure on June 9, 2009), The property was purchased in September 2009,
and brought into compliance by the current owners, Naples Affordable Homes,
Inc., c/o Denise Mansour, by obtaining Collier County permits for the addition to
the rear of the house with inspections and certificate of completion and obtaining
a demolition permit for the shed, with inspections and certificate of completion,
Current owners also removed the tiki hut and pool from the property on January
13,2010.
Total fines for the noncompliance period of 200 days on Order (1) and (2) at
$200 per day, the accrued lien amount is $40,000.
The Respondent is requesting a Release of Lien for the $40,000 in assessed
fines; Operational Costs in the amount of $86.43 were paid on October 21, 2009.
Agenda Item No. 16A2
February 23, 2010
Page 2 of 4
FISCAL IMPACT: The Respondents have paid the Operational Costs of $86.43
for consideration of this settlement offer. If approved by the Board, the fines in
the amount of $40,000 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary,
LEGAL CONSIDERATIONS: This item has no outstanding legal considerations,
-JW
RECOMMENDATION: That the Board of County Comrnissioners (Board) waive
the fines and release the lien recorded at O.R. Book 4481, Page 754 et seq., of
the Official Public Records of Collier County for payment received from Naples
Affordable Homes, Inc c/o Denise Mansour for $86.43 (representing operational
costs), in relation to the Code Enforcement Board action entitled Board of County
Commissioners VS. Pedro Cruz, Case No. CESD20080007554. By approval of
this item, authorize the Chairman to sign the attached Release and Satisfaction
of Lien,
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
February 23, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement
Action entitled Board of County Commissioners vs. Pedro Cruz, Case No.
CESD20080007554, relating to property located at 2222 51 Terrace SW, Naples, Florida.
2/23/2010 9:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
1/28/201011:33:12 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
1/28/20104:32 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
1/28/20105:44 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
2/1/201011:10 AM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
2/2/20108:05 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
2/2/2010 4: 36 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
2/9/2010 3:07 PM
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
2/13/20102:04 PM
Agenda Item No. 16A2
February 23, 2010
Page 4 of 4
This instrument prepored by:
JeffE, Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples. Florida 34104
(239) 213-2939
RELEASE OF LIEN
This is to certify that the claim of lien' ("Lien") arising out of the Code
Enforcement Board Order dated July 29, 2009, a certified copy of which was recorded on
August 11,2009, in O.R. Book 4481, Pages 754, et seq., of the Public Records ofColIier
County, Florida, against all real and personal property located in Collier COWlty, owned
by LaSalle Bank National Association as Trustee, has been discharged.
Cost:
Reference:
$86.43 (fmes waived)
CEB Case No. CESD20080007SS4
The Wldersigned is authorized to and does hereby release this Lien, and
consents to this Lien being discharged of record with respect to the above-named
party(ies ).
Dated this
day of
,2010.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as .to form and
legal sufficiency: