Agenda 09/29/2009 Item #16A 4
Agenda Item No. 16A4
September 29, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Lien in the Code Enforcement Action entitled
Everardo G. Guzman and Graciela Guzman, Case No. 2007030278 relating
to property located at 510 Auto Ranch Road, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept a
proposed settlement offer from Mr. Everardo G. Guzman to release a $6,600
code enforcement lien , in relation to the Code Enforcement Board action
entitled Collier County vs. Everardo G. Guzman and Graciela C. Guzman, Case
No. 20070302:78.
CONSIDERATIONS: On November 2nd, 2007, The Special Magistrate found
Everardo G. Guzman and Graciela C. Guzman (Respondent) in violation of the
Collier County Land Development Code for failing to obtain and affix a current
license plate to each vehicle not stored in the confines of a completely enclosed
structure, or store same within a completely enclosed structure, or remove the
offending vehicles from a residentially zoned area. Respondent was ordered to
affix a current license plate on all vehicles, store the vehicles within a completely
enclosed structure, or remove the vehicles from the property on or before
November 23rd, 2007 or a fine of $100 per day would be imposed until the
property was brought into compliance.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order (dated March 11th, 2009) imposing a lien. The Order
Imposing a Lien was recorded at O.R. Book 4434, Page 1324, et seq., of the
Official Public: Records of Collier County. The property was brought into
compliance by Everardo G. Guzman and Graciela C. Guzman by removing all
unlicensed and inoperable vehicles on January 28th, 2008. When calculated at
$100 per day for the noncompliance period of 66 days, the accrued lien amount
is $6,600.
The Respondent is requesting a Release of Lien for the $6,600; the Operational
Costs in the amount of $277.45 was paid on March 27th, 2009.
FISCAL IMPACT: The Respondents have paid the Operational Costs of
$277.45 for consideration of this settlement offer. If the settlement offer is
approved by the Board, the remaining fines in the amount of $6,600 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. -
Agenda Item No. 16A4
September 29, 2009
Page 2 of 4
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RECOMMENDATION: That the Board of County Commissioners accept the
settlement offer and approve the release of the lien recorded at O.R. Book 4434,
Page 1325, et seq., of the Official Public Records of Collier County. By approval
of this item, authorize the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY: Jen Waldron, Enforcement Supervisor
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Agenda Item No. 16A4
September 29, 2009
Page 3 of 4
This Instrument Prepared By:
Jen Waldron
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:
Everardo G. Guzman & Graciela Guzman, Owner
The lien was recorded on 3/11/2009 in Official Records Book 4434, Page 1324, in the
Official Records oi~ollier County, State of Florida. The lien secures the principal sum of
Six Thousand Six Hundred dollars zero 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:
510 Auto Ranch Road Naples, FL 34114
Cost: $6,600.00
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
,2009.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Approved as to form and legal sufficiency
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Jeff Wright
A~j~tant County Attorney
Page 1 of 1
Agenda Item No. 16A4
September 29, 2009
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A4
Item Summary: Recommendation to accept a Proposed Settlement providing for Compromise and Release
of Liens in the Code Enforcement Action entitled Everardo G. Guzman and Graciela
Guzman, Case No. 2007030278 relating to property located at 510 Auto Ranch Road,
Naples, Florida.
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Jennifer Waldron Code Supervisor Date
Code Enforcement 9/16/2009 10:34:21 AM
Approved By -
Diane B. Flagg Code Enforcement Director Date
Community Development & Code Enforcement 9/16/20096:29 PM
Environmental Services
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney Office 9/17/2009 2:04 PM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development & 9/17/20095:26 PM
Environmental Services Environmental Services Admin.
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development & 9/18/200910:49 AM
Environmental Services Environmental Services Admin.
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/18/200911:00 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/21/20099:40 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County 9/21/200910:30 AM
Commissioners County Manager's Office
file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16A. COM... 9/23/2009