Agenda 03/23/2010 Item #16A 6
Agenda Item No. 16A6
March 23, 2010
Page 1 of4
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien for the
Code Enforcement Action entitled Board of County Commissioners vs.
Steven B. Johnson, Code Enforcement CEB Case No. 2003-057, relating to
property located at 128 Flicker Lane, Everglades City, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien, and waive $191,900 in accrued fines, for the
Code Enforcement Board action entitled Board of County Commissioners vs.
Steven B. Johnson, CEB No. 2003-057.
CONSIDERATIONS: On January 22,2004, The Code Enforcement Board found
Steven B. Johnson (Respondent) in violation of the Collier County Land
Development Code and the Code of Laws and Ordinances for improper storage
of vehicles and materials in a "progressive state of disrepair presenting a
nuisance to neighboring properties" and for unpermitted structures on the
property.
Respondent was ordered to correct the violations by:
1. Ceasing to store and all vehicles of any kind, boats and trailers, vehicle
parts, salvaged building materials, tools or private ownership machinery
and debris on or before April 20, 2004; or a fine of $50 per day would be
imposed until compliance has been confirmed.
2. Submitting complete and sufficient building permit applications for all
allowed structural improvements, or by removing all non permitted
structures on or before April 20, 2004; or a fine of $50 per day would be
imposed until compliance has been confirmed.
3. Following through with all required inspections and receiving a certificate
of completion within 90 days after obtaining the required building permits
or a fine of $50 per day would be imposed until compliance has been
confirmed.
4. If any structure is not permittable, then by obtaining a demolition permit
and following through with all required inspections and receiving a
certificate of completion on or before April 20, 2004; or a fine of $50 per
day would be imposed until compliance has been confirmed.
Due to non-compliance and based on the above orders, the Code Enforcement
Board entered an order dated June 4, 2004, imposing a lien ("Lien Order"). The
Lien Order was recorded at O.R. Book 3583, Pages 0548, et seq., of the Official
Public Records of Collier County. The property was brought into compliance on
July 23, 2009, by Steven B. Johnson by removing any and all unpermitted
Agenda Item No. 16A6
March 23, 2010
Page 2 of 4
structures, vehicles, trailers and boats of any type and all litter and debris from
the entire property.
The accrued lien amount is $191,900 for the non-compliance period of 1,919
days.
The Respondent is requesting a waiver of the $191,900 in accrued fines and a
release of the lien. Operational Costs in the amount of $1,467.25 were paid on
February 23,2010.
FISCAL IMPACT: The Respondents have paid the Operational Costs of
$1,467.25 for consideration of this settlement offer. If approved by the Board,
accrued fines in the amount of $191 ,900 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: Approval of this item will result in full release, and
permanent relinquishment of $191,900 in accrued fines. 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 3583, Pages 0548 et seq., of the Official Public
Records of Collier County for payment received from Steven B. Johnson in the
amount of $1,467.25 (representing operational costs), for the Code Enforcement
Board action entitled Board of County Commissioners vs. Steven B. Johnson,
CEB Case No. 2003-057, 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. 16A6
March 23, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement
Action entitled Board of County Commissioners vs. Steven B. Johnson, Code Enforcement
CEB Case No. 2003-057, relating to property located at 128 Flicker Lane, Everglades City,
Florida.
3/23/2010 9:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager ~ Code Enforcement Operations
Code Enforcement
3/3/2010 10:33:34 AM
Date
Approved By
Diane 8. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
3/3/20102:44 PM
Approved By
Date
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
3/4/2010 11 :29 AM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
3/4120104:48 PM
Approved By
Date
Nick Casalanguida
Transp.ortation Division
Director ~ Transportation Planning
Transportation Planning
3/9120103:22 PM
Date
Approved By
OMS Cpordinator
County Manager's Office
Office of Management & Budget
3110/20109:25 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/12/20102:13 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/13120109:52 AM
Agenda Item No 16A6
March 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:
Steven B. Johnson, Owner
The lien was recorded on 6/9/2004 in Official Records Book 3583, Pages 0548, et seq.,
in the Official Records of Collier County, State of Florida. The lien secures the principal
accrued sum of One Hundred and Ninety Three Thousand Three Hundred Sixty-Seven
dollars and twenty-five cents, plus costs, accrued interest, and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
which property is described as follows:
128 Flicker Lane, Naples, FL
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 entire
lien is forever relinquished and ceases to exist as an encumbrance against the above
property and any real or personal property owned by Steven B. Johnson.
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.
ATIEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chainman
Deputy Clerk
Approved as to form and iegal sufficiency
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