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Agenda 01/13/2009 Item #16K 1A - mda fern ^<b. 16K1 January 13, 2009 Ptnge 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a release of lien as part of Board - approved settlement in the matter of Collier Cotaq n Donald R Gray, CEB Case No. 2004 -005. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to sign a release of lien (a copy of which is attached hereto as Exhibit "A "), as part of a Board- approved settlement of a code enforcement case brought against Donald E. Gray. CONSIDERATIONS: On October 28, 2008, under Consent Agenda Item 16.A.2, the Board of County Commissioners accepted a proposed settlement offer from Mr. Gray, which provided for compromise and release of a code enforcement lien, and dismissal of a pending appeal, relating to Code Enforcement Case No. 2004 -005. The underlying code enforcement case involved an unpermitted (since demolished) boathouse roof on property in Little Hickory Shores in Collier County. A copy of the October 28 °i Executive Summary relating to this item is attached as Exhibit «B„ Mr. Gray had appealed the decision of the Code Enforcement Board, first to the Circuit Court, where his appeal was denied, then to the Second District Court of Appeal (DCA). As part of the Board - approved settlement, Mr. Gray paid $6,000 to the Code Enforcement Department, and agreed to dismiss the pending appeal before the DCA. A copy of the DCA Order dismissing the case with prejudice, is attached as Exhibit "C. Because Mr. Gray has performed his obligations under the Board - approved settlement (by bringing the property into compliance, paying $6,000, and dismissing his pending appeal), the only remaining action is for the Board of Carty Commissioners is to authorize its Chairman to sign a release of lien. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. This item is not quasi- judicial, and as such ex parte disclosure is not required. This item requires a majority vole only. JW RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign a release of lien, consistent with the settlement offer accepted by the Board on October 28, 2008. PREPARED BY: Jeff E. Wright Assistant County Attorney Page 1 of 1 Agenda Item Ho. 16K1 January 13, 2009 Page 2 of 6 Ill le: / /C:AAvrendaTest \Export \121 -Jan uary °ir,2013 ,1/0202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation to authorize the Chairman to sign a release of lien as part of Board - approved settlement in the matter of Collier County v. Donald E. Gray, CEB Case No 2004- 005. Meeting Date: 1/13/2009 9:00.00 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 12/22/2008 3:29:32 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 12122/2008 3:35 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1212212008 3:43 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/23/2008 4:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1212312008 5:52 PM Ill le: / /C:AAvrendaTest \Export \121 -Jan uary °ir,2013 ,1/0202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 -,.Ja I:am lJo. �EK1 ianuary 13 2009 pane 3 of 6 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated June 29, 2004, a certified copy of which was recorded on July 1, 2004, in O.R. Book 3598, Pages 0398, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal properly located in Collier County, owned by Donald E. Gray, has been discharged in full: Donald E. Gray 267 3rd Street W. Bonita Springs (Collier County), Florida Folio No.: 56000880009 Payment: 56,000 (by negotiated settlement) Reference: CEB Case No. 2004 -005 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real properly, and all other real and personal property owned by Donald E. Gray, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK_ Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: r, -- JeffE. y'�'ndnt Assistant County Aitorney 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. _ TOM HENNING, CHAIRMAN Agenda 11em IV O. 16K1 enuary 13, 2009 AgendaIterpu! o�', Q6 October 21, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a settlement offer, providing for release of a code enforcement lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier County v. Donald E. Gray, CEB No. 2004 -005, on property located at 267 3r1 Street West Collier County, Florida OBJECTIVE: That the Board of County Commissioners (BCC) accept the proposed settlement offer made by Donald E. Gray, providing for compromise and release of a code enforcement lien, and dismissal of a pending appeal, relating to the Code Enforcement Board action entitled Collier County v. Donald E. Gray, CEB No. 2004- 005. CONSIDERATIONS: On March 25, 2004, the Code Enforcement Board (CEB) found Mr. Gray in violation of the Collier County Land Development Code, and the Florida Building Code, for an unpermitted wooden roof over his boat dock. The CEB ordered the Respondent to remove the roof or complete the variance application process, including obtaining any applicable County building permits, within 60 days (by May 27, 2004), or a fine of $75 per day would be imposed for each day the violation continued past that date. Mr. Gray filed an appeal of the CEB's decision with the circuit court on May 24, 2004. On June 24, 2004, the CEB entered a lien order. The circuit court denied Gray's appeal on October 23, 2007 (over three years after it was filed). Since that time, Mr. Gray has filed an appeal to Florida's Second District Court of Appeal, which is ongoing. Mr. Gray demolished the roof over the boat dock and the property came into compliance with the CEB's order on March 26, 2008. During the nearly 4 -year period of non- compliance, fines continued to accrue at a rate of $75 per day. By the date of compliance, the lien had grown to $106,142.56. On May 27, 2008, a settlement offer of $1,367.56 was brought to the BCC on the consent agenda. In approving the matter on the consent agenda, the BCC rejected the settlement offer, and directed staff to continue negotiations. FISCAL IMPACT: Mr. Gray has submitted a $6,000 good faith check to the Code Enforcement Department, representing potential settlement in this matter. If the Board accepts the proposed settlement offer of $6,000, the proceeds will be deposited into "Code Enforcement Board Fines" revenue account within MSTD General Fund (111). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ,� a �1 i�'"!` „ c,� Ayenda Item No. 16K1 gen(15 13 7009 s Ocwher 28', [nda 6 Page 2 of 4 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offer from Mr. Gray, PREPARED BY: Diane Flagg Director, Code Enforcement Department Agenda Item No. 16K1 January 13, 2009 Page 6 of 6 � �1 R! IN THE DISTRICT COURT OF APPEAL OF THE S OD t IA SECOND DISTRICT, POST OFFICE BOX 327, LAKEL JVR f43$M2 -, X27 Donald E. Gray December 2, 2008 CASE NO.: 2D08 -893 L.T. No.: 04- 2074 -CA V. Code Enforcement Board, Collier County Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: The notice of joint stipulation for dismissal with prejudice is accepted, and this petition is dismissed. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Donald E. Gray td , _ James Birkhold Clerk Jeffrey E. Wright, Esq. Dwight E. Brock, Clerk