Agenda 07/27/2010 Item #16A 5Agenda Item No. 16A5
July 27, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Kenneth Price
and Penny Ann Price, Code Enforcement Special Magistrate Case No.
CEAU20090011940, relating to property located at 6111 Cedar Tree Lane, Collier
County, Florida. (Revenue received $117.78)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $117.48, and waive the $8,000 balance on the
lien, in relation to the Code Enforcement Special Magistrate action entitled Board of
County Commissioners vs. Kenneth Price and Penny Ann Price, Case No.
CEAU20090011940.
CONSIDERATIONS: On November 5, 2009, the Code Enforcement Special Magistrate
found Kenneth Price and Penny Ann Price (Respondents) in violation of the Collier
County Code of Laws and Ordinances in the following particulars: no fence or pool
enclosure around the pool. A written order was recorded on November 19, 2009, at
O.R. Book 4511, Page 1444.
Respondent was ordered to correct the violations by obtaining all required Collier
County building permits for a fence or pool enclosure, inspections, and a Certificate of
Completion on or before December 5, 2009, or a fine of $100 per day would be imposed
until compliance had been met.
Due to non - compliance and based on the above order, the Code Enforcement Special
Magistrate entered an order dated February 5, 2010, imposing a lien ( "Lien "). The Lien
was recorded on February 24, 2010, at O.R. Book 4540, Page 1265, of the Official
Public Records of Collier County.
The property was brought into compliance on February 23, 2010 by the respondents
who obtained all required Collier County Building permits with all inspections, and
certificate of completion. 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.
Kenneth Price and Penny Ann Price have submitted payment in the amount of $117.78,
representing the operational costs. In exchange for this payment, they are requesting a
waiver of $8,000 in fines and a release of the lien.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $8,000 will
be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
Agenda Item No. 16A5
July 27, 2010
Page 2 of 5
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board waive the fines and release the Lien recorded at
O.R. Book 4540, Page 1265, of the Official Public Records of Collier County, in relation
to the Code Enforcement Special Magistrate action entitled Board of County
Commissioners vs. Kenneth Price and Penny Ann Price, Case No. CEAU20090011940,
for payment of costs, and 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, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Release and Satisfaction of Lien
2) Request for release of lien
Agenda Item No. 16A5
July 27, 2010
Page 3 of 5
Approved By
COLLIER COUNTY
_.
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A5
Item Summary:
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
7/912010 2:53 PM
Action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price. Code
Enforcement Special Magistrate Case No CEAU2009011940, relating to property located at
Nick Casalanguida
6111 Cedar Tree Lane, Collier County.. Florida.
Meeting Date:
7127/2010 9.00:00 AM
Prepared By
7;13/2010 8:18 AM
Marlene Serrano
Manager - Code Enforcement Operations Date
Community Development &
Diane S. Flagg
Environmental Services
Code Enforcement 7/9/2010 9:46:54 AM
Approved By
Judy Puig
Operations Analyst Date
Community Development &
Community Development &
Environmental Services
Environmental Services 7/9/2010 9:54 AM
Approved By
NormE- Feder,AICP
Jeff Wright
Assistant County Attorney Date
County Attorney
County Attorney 71912010 1:46 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/912010 2:53 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7;13/2010 8:18 AM
Approved By
Diane S. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
'113.'2010 10:43 AM
Approved By
NormE- Feder,AICP
Acministrator- Transportation
Date
Transportation Division
Transportation Administration
7 /1312010 1:18 PM
Approved By
OMB Coordinator
Date
County Manager `s Office
Office of Management & Budget
7113/2010 245 PM
�. Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
7/14/2010 8:59 AM
Agenda Item No. 1oA5
July 27, 2010
Page 4 of 5
April 27, 2010
Jennifer Waldron
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Case — CEAU20090011940
Ms. Waldron:
As per your suggestion during our phone conversation regarding the
aforementioned case, I am writing this letter to formally request for a hearing with
the Board of County Commissioners for the purpose of abating fines that have
accumulated.
As stated in our conversation, the fence in question was installed in completion
prior to the deadline that was initially given by Code Enforcement. It was
arranged and set up for final inspection. For some reason the final inspection
was not performed in a timely manner. As of the writing of this letter, final
inspection of the fence in question has occurred and all necessary requirements
have been met.
We would request the opportunity to appear before the Board of County
Commissioners to abate the fines regarding this matter and close the file.
Thank you for your consideration.
Most sincerely,
Ken Price
Agenda Item No. 16A5
July 27, 2010
Page 5 of 5
This Instrument Prepared By:
Jeff E. Wright , Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252 -8400
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:
Kenneth and Penny Ann Price, Respondents
The lien was recorded on February 24, 2010 in Official Records Book 4540, Pages
1265 -66, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of six thousand two hundred dollars, plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County,
Florida, which property is described as follows:
6111 Cedar Tree Lane, Naples, FL
Folio No. 38223400006
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as 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 BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Ll7
M
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
Jeff,E. Wright
Assistant County Attorney