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Agenda 03/09/2010 Item #16A 9 Agenda Item No. 16A9 March 9, 2010 Page 1 of6 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. William L. Greeman, Case No. 2007-070239, relating to property located at 48 Flamingo Drive East, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien, and waive the $31,950 balance on the Lien, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners VS. William L. Greeman, Case No. 2007-070239. CONSIDERATIONS: On December 7, 2007, the Code Enforcement Special Magistrate found William Greeman (Respondent) in violation of the Collier County Land Development Code for unlicensedlinoperable vehicles parked in a residential area located between Everglades City and Chokoloskee in Collier County. .- Respondent was ordered to: (1) Correct the violations by repairing defects so that the vehicle(s) is/are immediately operable, by obtaining and affixing a valid license plate to each vehicle, by storing vehicle(s) in a proper structure, or by removing offending vehicle(s) from the residentially zoned property on or before December 14, 2007, or a fine of $50 per day would be imposed until compliance has been confirmed. (2) If Respondent(s) failed to correct all violations within the lime frames ordered, the County was directed and authorized to abate the violations and charge any costs for such abatement against the Respondent's property. Due to noncompliance and based on the above order, the Special Magistrate entered an order dated February 20, 2009, imposing a lien ("Lien"). The Lien was recorded at O.R. Book 4434, Pages 1328, et seq., of the Official Public Records of Collier County. The property was brought into compliance on September 14, 2009 by the Respondent. Total fines for the noncompliance period of 639 days at $50 per day; the accrued lien amount is $31,950. Mr. Greeman claims that he was not aware of any liens on the property since his son was living at the property, and is requesting a waiver of the $31,950 in accrued fines and a Release of Lien. On September 10, 2009, Mr. Greeman paid all operational costs in the amount of $247.86 . "- FISCAL IMPACT: The Respondent has paid the Operational Costs of $247.86. If approved by the Board, the fines in the amount of $31,950 will be waived. . '.'-.'_,_. __,~c,_._,., ,,-,-,'-," ,- ...,..,''''''''- Agenda Item No. 16A9 March 9, 2010 Page 2 of 6 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 accrued fines and release the lien recorded at O.R. Book 4434, Pages 1328, et seq., of the Official Public Records of Collier County for payment of $247.86 in operational costs, in relation to the Code Enforcement Board action entitled Board of County Commissioners VS. William L. Greeman, Case No. 2007-070239. 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 i l.Lb..... i V.I. J. Agenda Item No. 16A9 March 9, 2010 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A9 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs William L. Greeman, Case No. 2007070239, relating to properly located at 48 Fiamingo Drive East, Naples, Florida. 3/9/20109:00:00 AM Meeting Date: Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Code Enforcement Environmental Services 2/11/20108:22:18 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 2/11/201010:44 AM Approved By Diane B. Flagg Director - Code Enforcement Date .-. Community Development & Environmental Services Code Enforcement 2/11/20101:42 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 2/18/201010:59 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 2/18/2010 2:23 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 2/23/20108:59 AM Approved By Jeff Klatzkow County Attorney Date 2/26/2010 12:47 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2127/201011:13 AM r.l_./If".\ 0I.____.J_'T"__<-\T'__n_~\1~1"\ '1.K_~._L ('\ ""('\1('\\1L r'lr'I."lt.TC1l:"lt.T'T" 01. r'lT':'"lt.TT"'\.0I.\1L A r'lr'I.....,....KTT"lt.TT "(""1(""1"\1('\ ....-.-. -'_.~~.._.._-"... ........., .. I ...... - ':.. 1// .?-t:.// <../ '7 /Agenda1tem No. 16A9 MarcQ.9, 010 Pa f 6 ~ 0- ~ I . ct-YZ -< F/. ~ k ~ ~ :t;J ~ bY So r I. ,/ ~-- _ _I ;./ -- v~ .j cJ/..J ~ A ~~end ~ ~.Y~-.P ':h;ah9 .~ j crJ 92n ovJ. --4 - t.JawtVl ~ / (f)&JZR ~ ~~: W..e.. (Awv ~- () ~ ~ ch ~ 'J;- ~~ ~S'..o ~ cO a4 . , C0'\.. ~:tJ , j . \(vvI. - I (.A.J-f ~ 1)4#_ ~ r ~rI \t1~C ~/ /1_ ~ _ --PU! a...-- A5 ~/ 'J1h f~ /l.V11Il /J I ~ JM~ tJ/!"' -#~ CM"'L. / 2.- D/ Bi\lGr- pOl!<Il52 ~.R-~ -'-"'-'-- - ~..-_. "'-.--- Agenda Item No. 16A9 March 9, 2010 Page 6 of 6 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: William L. Greeman The lien was recorded on 3/11/2009 in Official Records Book 4434, Pages 1328, et seq., in the Official Records of Collier County, State of Florida. The lien secures $32,197.86 in accrued fines and operational costs, and imposes certain obligations against the following real property situated in Collier County, Florida: 48 Flamingo Drive East, Collier County, Florida Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges 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 ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency ~