Agenda 09/09-10/2008 Item #16A18
EXECUTIVE SUMMARY
rA~-C' nt-._..n..l '8"
N ~?ftjm;;-,},
o.
SEf' 0 ,., ')'1";;
v "".I,
II Pg~ (C:> ;)-.
Recommendation to accept a proposed settlement agreement providing for
Compromise and Release of Lien in the Code Enforcement Action entitled
Collier County v. Joseph Hamilton, CEB No. 2004-76, relating to property
located at 20610Tamiami Trail E., Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed
settlement agreement with Joseph Hamilton, to release a $60,783.40 code enforcement
lien in exchange for payment of $5,683.40, in the Code Enforcement Board action
entitled Collier County v. Joseph Hamilton, CEB No. 2004-76.
CONSIDERATIONS: On January 27, 2005, the Code Enforcement Board found Wind
Dancer Airboat Tours and Joseph Hamilton (Respondent) in violation of the Collier
County Land Development Code for erecting a pole sign without a permit.Respondent
was ordered to obtain a permit, or demolish the sign, within 30 days or a fine of $50 per
day would be imposed. Based on the above order, on May 3, 2005, the Code
Enforcement Board imposed the lien that is the subject of the recommended release. The
property was brought into compliance on June 13, 2008.When calculated at $50 per day,
for the noncompliance period of 1,202 days, combined with $683.40 in costs, the accrued
lien amount is $60,783.40. In negotiations, Respondent proposed to settle this matter for
$5,000, plus costs, for a total sum of $5,683.40 (i.e., 9.4% of the accrued lien
value).During those negotiations, then Code Enforcement Director (Michelle Arnold)
agreed to forward a settlement recommendation to the Board of County Commissioners
for this amount (pursuant to Resolution No. 2001-316).
FISCAL IMPACT: The Respondent has paid the proposed settlement sum
($5,683.40) 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.lf this agreement is approved by the Board, any claim
to the remaining sum of $55,100.00 will be released.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This request has been reviewed for legal sufficiency
and 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.
I~ A
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 30 I
Naples, Florida 341 04
(239) 213-2939
No,GENDA IrE"': .. J
SEf'. . '.Ii. 2n.'~'1
,I Pg~,;z_,~T
~"'-"".~--.",
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 May 3, 2005, a certified copy of which was recorded on May
10,2005, in OR Book 3794, Pages 2389-90, 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 Wind Dancer Airboat Tours and Joseph
Hamilton, has been discharged in full:
Wind Dancer Airboat Tours and
Joseph Hamilton
20610 Tamiami Trail East
Naples, Florida
Folio No.:
Payment:
Reference:
00776200008
$5,683.40 (by settlement)
CEB Case No. 2004-076
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 Wind Dancer Airboat Tours and Joseph Hamilton, and
consents to this lien being discharged of record.
Dated this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency:
/