Agenda 05/12/2009 Item #16A 4
EXECUTIVE SUMMARY
Agenda Item No. 16A4
May 12, 2009
Page 1 of 4
Recommendation to accept a proposed settlement agreement providing for
Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier
County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023, relating to
property located at 2891 Bayview Drive, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed
settlement agreement with Haldeman Creek Enterprise, LLC, to release a $73,037.85
code enforcement lien in exchange for payment of $8,287.00, in the Code Enforcement
Board action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No.
2003-023.
CONSIDERATIONS: On June 26, 2003, the Code Enforcement Board found Haldeman
Creek Enterprise, LLC ("Respondent") in violation of the Collier County Land
Development Code for an alteration, enlargement and addition to a deck area of the
Haldeman Creek Boat House Grill and Marina, without first obtaining a building permit
and without having received a certificate of occupancy for the addition. Respondent
was ordered, among other things, to either submit a sufficient application for a Site
Development Plan ("SDP") or a Site Improvement Plan ("SIP"), or remove the non-
permitted addition after obtaining the appropriate demolition permit, within 30 days, or a
fine of $50 per day would be imposed until the property was brought into compliance.
Based on the above order, the Code Enforcement Board entered an order (dated
October 1, 2003) imposing the lien that is the subject of the recommended release. The
Order Imposing Fine/Lien, which provided for continuing accrual of fines, was recorded
at O.R. Book 3420, Pages 1725, et seq., of the Official Public Records of Collier
County. The property was brought into compliance by removing the unpermitted
addition on June 21, 2007. When calculated at $50 per day, for the noncompliance
period of 1,425 days, combined with $1,787.85 in costs, the accrued lien amount is
$73,037.85.
Respondent has proposed to settle this matter for $8,287.00 and staff agreed to forward
a settlement recommendation to the Board of County Commissioners for their
consideration (pursuant to Resolution No. 2001-316).
FISCAL IMPACT: The Respondent has paid the proposed settlement sum ($8,287.00)
to show a good faith commitment to this agreement and this payment has been
deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General
Fund 111. If this agreement is approved by the Board, any claim to the remaining sum
of $64,750.85 will be released.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary,
Agenda Item No. 16A4
May 12, 2009
LEGAL CONSIDERATIONS: This item is not quasi-judicial and ex parte diSClos~~~i; of 4
not required. This item requires a simple majority vote, and this item is legally sufficient
for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners accepts the proposed
settlement agreement and authorizes the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
Agenda Item No. 16A4
May 12, 2009
Page 3 of 4
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive. Sle 30t
Naples, Flonda 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 October 1, 2003, a certified copy of which was recorded
on October 13, 2003, in O.R. Book 3420, Pages 1725, et seq, , of the Public
Records of Collier County, Florida, against the following described real property,
and all other real and personal property located in Collier County, owned by
Haldeman Creek Enterprise, LLC, has been discharged in full:
Location:
Folio No,
Cost:
Reference:
2891 Bayview Drive, Naples, Collier County
61835360006 .
$8,287.00 (by negotiated settlement)
CEB Case No. 2003-023
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal property
owned by Haldeman Creek Enterprise, LLC, and consents to this lien being
discharged of record.
Dated this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
~~~
Je E. right
Assi nt County Attorney
Page I of 1
/\genda Item No. 16A4
May 12, 2009
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1GA4
Item Summary:
Recommendation to accept a proposed settlement agreement providing for Release and
Satisfaction of Lien in the Code Enforcement Action enlitled Collier Counly v, Haldeman
Creek Enterprise, LLC. CEB No 2003~023. relating to property located at 2891 Bayview
Drive, Collier County, FlOrida
Meeting Date:
5/12/20099'0000 AM
Prepared By
Marlene Serrano
Investigative Supervisor
Date
COES
Code Enforcement
4/28/2009 2A4:41 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
4/28/20093:09 PM
Appnu('d By
Joseph K. Scllmrtt
Community Development &
Environmental Services Adminstrator
Date
Community Dev-s-!opment &
Environmental Services
Community Development &.
Environmental Services Admin.
4/28/20098:14 PM
Approved Bl
Jeff Wright
Assistant County Attorney
Date
County Attorney
County .l'.ttorney Office
4/30;'20099:44 AM
Appro\'('d B}'
Jeff Kfa:zkow
County Attorney
Date
County Attorney
County Attorney Office
5/1/2009 8:16 Ar~
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/1/20098:51 AM
.\ppro\'l'd By
Leo E. OChs, Jr.
Deputy County Manager
Date
Board of Cour:ty
Comllli5sioners
County Manager's Office
5/4/200911:12 AM
file://C:IAgendaTestIExportl 129-May%20 12,%2020091 16.%20CONSENT%20AGENDA 116... 5/6/2009