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Backup Documents 12/01/2009 Item #16A2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Print on pink paper. Attach to original document. Original documents should be hand delivered to th(~ Board Oft1ce. The completed routing slip and original documents are to be forwarded to the Hoard Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the 2 exception of the Chainnan '5 signature, draw a line through routing lines # 1 throueh #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. Judy Puig CDES Administration W 1a-II)D9 2, 3, 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County JA \1..hlo, Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conleet is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one oftlle addressees above, including Sue Filson, need to crntact stafTfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered 10 the Bee oftlce only after the Bee has acted to approve the item.) Name of Primary Staff Marlene Serrano Phone Number 252-2487 Contact Agenda Date Item was December J, 2009 Agenda Item Number 16A2 Approved by the BCC Type of Document Release of Lien Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forvvarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/01/09 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licablc. Ves (Initial) N/A(Not A licable) 2, 3. 4. 5, 6. ~ NJA I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 2 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 Westclox 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 (Respondenl) 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. Due to non-compliance and based on the above order, the Special Magistrate enlered 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 RECOMMENDATION: That the Board of County Commissioners waive the fines and release of the lien recorded at O,R. Book 4489, Page 2444-47, 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: Marlene Serrano, Operations Manager Code Enforcement Department 16A 2 16A 2 This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 INSTR 4369431 OR 4515 PG 1217 RECORDED 12/4/2009 932 AM PAGES 1 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $10,00 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, 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 tIlis Release and sa~faction of Lien, by action of the Board on this ,S+- day of OrgmJur ,2009. ATTEST DWIGHT E. BROCK, Clerk By' Atte.t at to eN ~ . '1",'t"~I' Approved -as to form and legal sufficiency . , BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORIDA / II 'tJ-n--n'^- By: J ~ c:9.~ .t..4 Donna Fiala, Chairman