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Agenda 09/14/2010 Item #16A17 Aaenda Item No. 16A 17 ~ September 14, 2010 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Agathonicos G. Pamboukis, Code Enforcement Board Case No. CESD20090011000, relating to property located at 201 Santa Clara Drive, Unit 9 in Building 201, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien for payment of operational costs and waive $10,600 in accrued penalties on the lien, in relation to the Code Enforcement Board (CEB) action entitled Board of County Commissioners vs. Agathonicos G. Pamboukis, CEB Case No. CESD20090011000. CONSIDERATIONS: On November 19, 2009, the CEB found Agathonicos G. Pamboukis (Respondent) in violation of the Collier County Code of Laws and Ordinances for unpermitted structural, electrical and plumbing improvements to a garage located at 201 Santa Clara Drive, Unit 9. Respondent was ordered to correct the violations by applying for and obtaining a Collier County Building permit(s) or Demolition Permit for all unpermitted construction/ improvements to the garage, and to obtain all related inspections through certificate of completion on or before January 18, 2010, or a fine of $200 per day would be imposed until compliance had been met. Due to non-compliance and based on the above order, the CEB entered an order dated April 27, 2010, imposing a lien ("Lien"). The Lien was recorded on May 6, 2010, at O.R. Book 4563, Page 1687, of the Official Public Records of Collier County. On that day, the accrued lien was $5,681.15 (representing 28 days at $200 per day, plus $81.15 in operational costs). The property was brought into compliance on May 17, 2010 by the Respondent who obtained all required Collier County Building permits for all unpermitted construction/improvements to the garage with all inspections, and certificate of completion. As of May 17, 2010, the accrued lien amount is $10,600 ($200 a day for the noncompliance period of 53 days). Operational costs in the amount of $81.15 have been paid by the respondent. FISCAL IMPACT: The original amount stated on the lien is $5,681.15. By the time the violation was brought into compliance, the lien had grown to $10,681.15. Respondent has paid $81.15, representing operational costs. If approved by the Board, the remaining $10,600 in accrued fines will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No, 16A 17 September 14, 2010 Page 2 of 4 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. For clarity in the public record, the amount stated on the proposed release matches the amount stated in the original lien ($5,681.15, plus accrued fines). -JW RECOMMENDATION: That the Board waive the fines and release the Lien recorded at O.R. Book 4563, Page 1687, of the Official Public Records of Collier County, in relation to the Code Enforcement Board action entitled Board of County Commissioners vs. Agathonicos G. Pamboukis., Case No. CESD20090011000, 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. ATTACHMENT: Release and Satisfaction of Lien Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 17 September 14, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Agathonicos G, Pamboukis, Code Enforcement Board Case No, CESD20090011 000, relating to property located at 201 Santa Clara Drive, Unit 9 in Building 201, Collier County, Florida. 9/14/20109:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager. Code Enforcement Operations Date Code Enforcement 8/26/20104:50:40 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 8/27/20109:33 AM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 8/27/20104:38 PM Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Date Transportation Administration 8/30/2010 9:48 AM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 8/31/20108:10 AM Approved By Jeff Kiatzkow County Attorney Date Approved By 8/31/2010 10:28 AM OMB Coordinator County Manager's Office Date Office of Management & Budget 9/1/2010 2:01 PM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 9/1/20104:36 PM Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 9/6/201011:49 AM Agenda Item No. 16A 17 September 14, 2010 Page 4 of 4 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: Agathonicos G. Pamboukis, Respondent The lien was recorded on May 6, 2010, in Official Records Book 4563, Pages 1687, et seq. The lien secures the principal sum of five thousand six hundred eighty-one dollars and fifteen cents, 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: 201 Santa Clara Drive, Unit 9, Naples, Florida Folio No. 46573004801 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 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 ~ right t County Attomey