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Agenda 05/25/2010 Item #16A 2 Agenda Item No, 16A2 May 25,2010 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. Patrice Savignano, CEB Case No. 2005-28, relating to property located at 2800 County Barn Road, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien, and waive the $115,050 in fines, for the Code Enforcement Board action entitled Board of County Commissioners vs. Patrice Savignano, CEB Case No. 2005-28. CONSIDERATIONS: On July 28, 2005, The Code Enforcement Board found Patrice Savignano (Respondent) in violation of the Collier County Land Development Code for unauthorized clearing of her property of native vegetation over the allowable acreage, Respondent was ordered to correct the violations by: 1. Hiring an environmental consultant and/or a landscape architect to complete and submit an approved mitigation plan to re-vegetate approximately 3 acres with native vegetation of all 3 strata on or before August 27, 2005 or a fine of $75 per day would be imposed until compliance has been confirmed, 2. By completing plantings of one acre within 15 days of the approval of the mitigation plan or a fine of $75 per day until compliance has been confirmed. 3. By completing the remainder of the plantings within 60 days after the approval of the plan or a fine of $75 per day that the violation continued past that date. The Code EnfDrcement Board entered an order dated March 27, 2006, imposing a lien ("Lien Order"). The Lien Order was recorded on April 3, 2006, at O.R. Book 4009, Page 1101, et seq" of the Official Public Records of Collier County fines in the amount of $115,050 have accrued. The property was brought into compliance on March 25, 2010, by Patrice Savignano by submitting a complete mitigation plan and completing all required plantings as required by the July 28, 2005 order. Agenda Item No, 16A2 May 25, 2010 Page 2 of 4 This is an existing property owner, the property is in compliance and the fines are no longer accruing. The property owner diligently pursued abatement as finances allowed. The Respondent is requesting a waiver of the $115,050 in assessed fines and a release of the lien. Operational Costs in the amount of $965 were paid on February 18, 2010. FISCAL IMPACT: The Respondent has paid the Operational Costs of $965. If approved by the Board, the fines in the amount of $115,050 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. If approved, the lien and all related fines will be permanently relinquished. -JW RECOMMENDATION: That the Board waive the fines and release the Lien Order recorded at O.R. Book 4009, Page 1101, et seq., of the Official Public Records of Collier County for payment received from Patrice Savignano in the amount of $965 (representing operational costs), for the Code Enforcement Board action entitled Board of County Commissioners vs. Patrice Savignano, CEB Case No. 2005-28, 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, 16A2 May 25, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs, Patrice Savignano, Code Enforcement Board Case No, 2004070573, relating to property iocated at 2800 County Barn Road, Collier County, Florida, 5/25/20109:00:00 AM Date Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Code Enforcement 4/1120104:23:13 PM Date Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Code Enforcement 4/2/2010 1 :26 PM Approved By Date Jeff Wright County Attorney Assistant County Attorney County Attorney 4/2/2010 1 :29 PM Date Approved By Jeff Klatzkow County Attorney 4/2/20103:12 PM Date Approved By Judy Pulg Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 4/5/2010 11 :01 AM Date Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Transportation Planning 4/9/20107:50 AM Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 41121201010:15 AM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 5/17/20105:37 PM Agenda Item No, 16A2 May 25, 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: Patrice E. Savignano, Respondent The lien was recorded on 4/3/2006 in Official Records Book 4009, Pages 1101, et seq., in the Official Records of Collier County, State of Florida, The lien secures the accrued sum of one hundred fifteen thousand fifty dollars and zero 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: 2800 County Barn Road, 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: Deputy Clerk By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency ,.