Loading...
Agenda 03/11/2008 Item #16A 6 .I\genda Item No, 16A6 March 11, 2008 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Ronald Freeman, CEB Case No. 2005-26 OBJECTIVE: That the Board of County Commissioners accept the proposed settlement agreement with Ronald Freeman, which provides for compromise of the code enforcement lien amounts, in the Code Enforcement Board action entitled Collier County v, Ronald Freeman, CEB Case No. 2005-26. CONSIDERATIONS: On JWle 23, 2005, the Code Enforcement Board (CEB) issued an Order (hereinafter "Compliance Order") finding Responden~ Ronald Freeman, in violation of portions of Collier County Housing Code and Building Administrative Code due to damaged electrical systems connecting to the mobile home in the Caribbean Mobile Home Park. In the Compliance Order, the CEB ordered the Respondent to immediately secure all unsafe premises/structures and follow procedures to obtain electrical permits, inspections and a certificate of completion to correct the deficient electrical services by December 20, 2005 or a fme of$250 per day would be iniposed lmtil the CO is obtained. On JanuaIY 26, 2006, the Code Enforcement Board imposed fines in the amount of $8,146.26 which included $396.26 for operational costs, and $7,750 in fines for failure to timely obtain all electrical permits and CO (31 days late). Fines continued to accrue for an additional 59 days at a rate of $250 totaling additional fines in the amount $14,750 for a total lien amount of $22,896.26, The property came into compliance on March 20,2006. Mr. Freeman hired a contractor to complete the electrical work in the park but tlle work was delayed due to hurricanes in 2005 and tlle fact tlmt tlle project required coordination with Florida Power & Light (FP&L) whose tinie was diverted to address more W'gent electrical issues that resulted in tlle community due to the hurricanes, The bulk of the pennits were obtained and all but 2 received CO's by January 2006. The property owners did what they could to come into compliance with tlle Compliance Order. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The Respondent has paid $4,271.26 to a show good faith commitment to tIns agreement, which has been deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Flmd ] 11, If this Agreement is approved by the Board, the remaining fmes in the amoWlt of $18,625 will be forgiven. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: Tlmt the Board of County Commissioners accept the proposed settlement agreement and authorize the Chairman to sign the attached Release and Satisfaction of Lien, PREPARED BY: Michelle Edwards Amold Code Enforcement Director Item Number: Item Summary: Meeting Date: Page I of 1 Agenda Item No. 16A6 March 11, 2008 Page 2 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of lien in the Code Enforcement Action entitled Collier County vs. Ronald Freeman, CEB Case No, 2005-26, 3/11/200890000 AM Prepared By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 2/141200811 :59:24 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 2/14/20084:02 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/27/20088:16 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 2/281200812:06 PM Approved By OMS Coordinator Administrative Services Applications Analyst Date Information Technology 2/29/20089:01 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 2/29/200810:21 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/3/2008 1 :31 PM file://C:\AgendaTest\Export\l 02-March%20 II. %202008\ 16.%20CONSENT%20AGENDA \1... 3/5/2008 Agenda Item No, 16A6 March 11, 2008 Page 3 of 3 This instrument prepared by: leITE, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34 J 04 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Code Enforcement Board Order dated January 31, 2006, a certified copy of which was recorded on February 20, 2006, in O.R. Book 3985, Pages 0741-0742, 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 Ronald Freeman, has been discharged in full: Ronald Freeman Caribbean Mobile Home Park 13580 Tamiami Trail N. Naples, Florida Folio No. Payment: Reference: 00153360008 $4,271.26 CEB Case No, 2005-26 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 Ronald Freeman, and consents to this lien being discharged of record, day of ,2008. Dated this ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAlRMAN Approved as to form and legal ufficiency: