Agenda 12/01/2009 Item #16A 2
Agenda Item No. 16A2
December 1, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to waive fines and Release the Lien in the Code
Enforcement Action entitled Felipe and Isabel Ramirez, Case No. CENA-
2008-0008113 relating to property located at 3503 WestcJox Street,
Immokalee, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) waive fines and
release a $9,000 code enforcement special magistrate lien, in relation to the
Code Enforcement Special Magistrate action entitled Collier County vs. Felipe
and Isabel Ramirez, Case No. CENA-2008-0008113.
CONSIDERATIONS: On September 5, 2008, The Special Magistrate found
Felipe and Isabel Ramirez (Respondent) in violation of the Collier County Code
of Laws and Ordinances for accumulation of litter on residentially zoned property.
The Special Magistrate ordered Respondent to remove all unauthorized litter
located on the property to an appropriate waste disposal facility and to remove
any and all abandoned/derelict property from the location in question to a site
intended for final disposal, or by storing desired items within a completely
enclosed structure on or before September 12, 2008, or a fine of $100 per day
will be assessed for each day the violation continued unabated.
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Due to non-compliance and based on the above order, the Special Magistrate
entered an order (dated August 21,2009) imposing a lien. The Order Imposing a
Lien was recorded at O.R. Book 4489, Page 2444-47, of the Official Public
Records of Collier County. The property was brought into compliance by Felipe
and Isabel Ramirez by removing all unauthorized litter on December 11, 2008.
When calculated at $100 per day for the noncompliance period of 90 days, the
accrued lien amount is $9,000.
The Respondent is requesting a Release of Lien for the $9,000 in assessed
fines; Operational Costs in the amount of $117.60 were paid on August 19, 2009.
FISCAL IMPACT: The Respondents have paid the Operational Costs of
$117.60. If the Board approves, the fines in the amount of $9,000 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. This
item is legally sufficient for Board action. Upon approval of this item, the
County's interest will be permanently relinquished. -JW
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RECOMMENDATION: That the Board of County Commissioners waive the fines
and release of the lien recorded at OR Book 4489, Page 2444-47, et seq., of
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Agenda Item No. 16A2
December 1, 2009
Page 2 of4
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: Marlene Serrano, Operations Manager Code Enforcement
Department
Agenda Item No. 16A2
December 1, 2009
Page 3 of4
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This Instrument Prepared By:
Marlene Serrano
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:
Felipe and Isabel Ramirez, Owner
The lien was recorded on 9/9/2009 in Official Records Book 4489, Pages 2444-2447, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Nine Thousand dollars zero cents, plus costs, accrued interest, and penalties, if
any, and imposes certain obligations against real property situated in Collier County,
Florida, which property is described as follows:
3503 Westclox Street, Immokalee, Naples, FL 34142
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.
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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
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
.
Jeff Wri ht
Assi t County Altorney
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
December 1, 2009
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to waive fines and Release of Lien in the Code Enforcement Action entitled
Felipe and Isabel Ramirez, Case No CENA,2008-0008113 relating to property located at
3503 Westclox Street, Immokalee, Florida.
12/1/2009 9:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager. Code Enforcement Operations
Date
Code Enforcement
11/9/200910:38:51 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
11/9/20091:02 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/10/20093:30 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
11/17/20092:49 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Administrator - Community Development
Date
Community Development &
Environmental Services
11/17/20095:04 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director ~ Code Enforcement
Date
Code Enforcement
11/17/20095:18 PM
Approved By
OMS Coordinator
County Attorney
Date
County Attorney
11/18120099:14 AM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
11/19/20092:58 PM