Agenda 06/28/2011 Item #16K4
6/28/2011 Item 16.K.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit, incInding injunctive
relief, on behalf of the Collier County Board of County Commissioners, against Flamingo
Bend Nursery, Inc., regarding Code Enforcement Violations for illegal dumping, digging
for irrigation permits without obtaining County permits and for illegal dumping upon a
separate parcel of property.
OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County
Attorney to file a lawsuit, including injunctive relief, on behalf of the Board, against Flamingo
Bend Nursery, Inc., for illegal dumping, digging for irrigation permits without obtaining County
permits and for subsequent illegal dumping upon a separate parcel of property.
CONSIDERATIONS: On February 3, 2011, a stop work order was issued to Flamingo Bend
Nursery, Inc. to cease and desist all non-permitted work activity as a result of the observation of
very large mounds of debris being present on the property located at 11820 Riggs Road in
Collier County. On March 16, 2011, the stop work order was amended to allow the property
owner to begin removing debris from the site.
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While the stop work order was in place for the Riggs Road parcel, Flamingo Bend Nursery, Inc.
was served a Notice of Violation for accepting vegetative debris on its nearby parcel located at
16425 Tamiami Trail. On June 7, 2011, Code Enforcement received a complaint that dumping
was occurring on the Tamiami Trail parcel. A Code inspection revealed that appeared to be fresh
vegetation dumped on the Tamiami Trail parcel.
It is this Office's opinion that instituting a direct action in Court in lieu of a Code Enforcement
Board hearing would be the most direct and conclusive means of accomplishing compliance in
this matter. A direct action in either County or Circuit Court is permissible pursuant to Florida
Statute S 162.30. The property ov-.'1ler's recent actions have been in direct contrast to Code
Enforcement directives. Accordingly, this Office seeks Board authorization to initiate suit
against Flamingo Bend for its failure to comply with County Ordinances and due to its
unwillingness to comply with previous Code Enforcement issues on the properties.
FISCAL IMPACT: Filing and service fees are approximately $445.00. The case will be
handled by the County Attorney's Office.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney's Office prepared this Executive
Summary and it is legally sufficient for Board action. This item requires a simple majority vote.
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RECOMMENDATION: That the Board authorizes the County Attorney to file a lawsuit,
including injunctive relief, against Flamingo Bend Nursery for illegal dumping upon the
property, digging for irrigation permits without obtaining County permits and for subsequent
illegal dumping upon a separate parcel of property.
Prepared by: Steven Williams, Assistant County Attorney
Packet Page -1746-
6/28/2011 Item 16.KA.
COLLIER COUNTY
Board of County Commissioners
Item Number;
16.KA.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit,
including injunctive relief, on behalf of the Collier County Board of County Commissioners,
against Flamingo Bend Nursery, Inc., regarding Code Enforcement Violations for illegal
dumping, digging for irrigation permits without obtaining County permits and for illegal
dumping upon a separate parcel of property.
Meeting Date: 6/28/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
6/22/2011 8:07:02 AM
Approved By
Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 6/22/2011 10:01 :28 AM
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
Date: 6/22/2011 10:17:22 AM
Name: MuckelCynthia
Title: Applications Analyst,Infonnation Technology
Date: 6/22/2011 10:28:07 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/22/2011 10:43: 19 AM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 6/22/2011 II :33:44 AM
Packet Page -1747-
, 6/28/2011 Item 16.K.4. if1
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