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Agenda 02/23/2010 Item #16A 1 Agenda Item No. 16A 1 February 23, 2010 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Leobardo and Maritza Gutierrez, Case No. 2004060944 (CEB No. 2004-048), relating to property located at 1815 NE 47 Avenue, Naples, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien, and waive the $13,425 in fines, for the Code Enforcement Board action entitled Board of County Commissioners VS. Leobardo and Maritza Gutierrez, Case No, 2004060944 (CEB No. 2004-048), CONSIDERATIONS: On September 23, 2004, The Code Enforcement Board found Leobardo and Maritza Gutierrez (Respondents) in violation of the Collier County Land Development Code and the Florida Building Code for an "unsecured partially constructed single-family dwelling deemed abandoned" with an expired permit. Respondent was ordered to correct the violations by: 1, Submitting a complete and sufficient variance application for the setback encroachment on or before November 7, 2004 or a fine of $25 per day would be imposed until compliance has been confirmed. 2, Respondent was also ordered to obtain a building permit and complete all inspections and Certificate of Occupancy within 8 months of the Petition for Variance being granted or a fine of $100 per day until compliance has been confirrned, 3. As an alternative, the respondents would apply for a demolition permit and remove the structure within 60 days of the determination of the variance or a fine of $100 per day that the violation continued past that date, Due to non-compliance and based on the above order, the Code Enforcement Board entered an order dated February 27, 2006, imposing a lien ("Lien Order"). The Lien Order was recorded at OR, Book 3989, Page 3771, et seq., of the Official Public Records of Collier County. The property was brought into compliance on February 1, 2006, by Leobardo and Maritza Gutierrez by submitting a complete variance and obtaining a Collier County building permit and Certificate of Occupancy on the single-family home. Total fines for the noncompliance period of 121 days on Order (1) at $25 per day, the accrued lien amount is $3,025. Total fines for the noncompliance period of 104 days on Order (2) at $100 per day, the accrued lien amount is $10,400. Agenda Item No. 16A1 February 23,2010 Page 2 of 4 The Respondent is requesting a waiver of the $13,425 in assessed fines and a release of the lien. Operational Costs in the arnount of $649.61 were paid on July 8, 2009, FISCAL IMPACT: The Respondents have paid the Operational Costs of $649.61 for consideration of this settlement offer. If approved by the Board, the fines in the amount of $13,425 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. -JW RECOMMENDATION: That the Board waive the fines and release the Lien Order recorded at O.R. Book 3989, Page 3771 et seq, , of the Official Public Records of Collier County for payment received from Leobardo and Maritza Gutierrez in the amount of $649,61 (representing operational costs), for the Code Enforcement Board action entitled Board of County Commissioners VS, Leobardo and Maritza Gutierrez, Case No. 2004060944 (CEB2004-048), and in approving this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 16A1 February 23, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs Leobardo and Maritza Gutierrez, Case No. 2004060944, (CEB No, 2004-048) relating to property located at 1815 NE 47 Avenue, Naples, Florida, 2123/2010 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Date Code Enforcement 1/25/20104:12:48 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 1/25/20104:50 PM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 1/27/2010 2:S7 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 1/28/20103:29 PM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 2/2/20108:10 AM Approved By OMS Coordinator County Manager's Office' Date Office of Management & Budget 2/2/20104:34 PM Approved By Jeff Klatzkow County Attorney Date Approved By 2/9/20103:05 PM Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 2/16/20108:30 AM Agenda Item No. 16A1 February 23, 2010 Page 4 of 4 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: Leobardo and Maritza (also "Martiza") Gutierrez The lien was recorded on February 28, 2006, in Official Records Book 3989, Pages 3771-3772, in the Official Records of Collier County, State of Florida. The lien secures the accrued sum of thirteen thousand four hundred twenty-five dollars, and imposes certain obligations against all real property owned by the above parties, including the following property situated in Collier County, Florida: Folio No, 39655120005 1815 N.E. 47'" Avenue, Naples, Florida Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges waiver of its interest in, and 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 Chairnnan, directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2010. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairnnan Deputy Clerk as to form and legal sufficiency , right t County Attorney