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Agenda 02/23/2010 Item #16A 2 Agenda Item No. 16A2 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. Pedro Cruz, Case No. CESD20080007554, relating to property located at 2222 51st Terrace SW, Naples, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien, and waive the $40,000 balance on the Lien, in relation to the Code Enforcement Board (CEB) action entitled Board of County Commissioners VS. Pedro Cruz/LaSalle Bank National Association, CEB Case No, CESD20080007554, CONSIDERATIONS: On February 26, 2009, The CEB found Pedro Cruz (Respondent) in violation of the Collier County Land Development Code and the Florida Building Code for non-permitted extension to an existing home, and for added doors and windows in this addition, along with an unpermitted pool, tiki hut and shed. Respondent was ordered to correct the violations by: 1. Obtaining Collier County Building Permits, all inspections and certificate of occupancy on or before June 27, 2009, or a fine of $200 per day would be irnposed until compliance has been confirmed. 2. As an alternative, the respondent would apply for a demolition permit and remove the unpermitted structure on or before June 27, 2009 or a fine of $200 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 July 23, 2009, imposing a lien ("Lien Order") against this property, The Lien Order was recorded at O.R. Book 4481, Page 754, et seq., of the Official Public Records of Collier County (the party stated on the Lien Order is LaSalle National Bank, which took title to this property via foreclosure on June 9, 2009), The property was purchased in September 2009, and brought into compliance by the current owners, Naples Affordable Homes, Inc., c/o Denise Mansour, by obtaining Collier County permits for the addition to the rear of the house with inspections and certificate of completion and obtaining a demolition permit for the shed, with inspections and certificate of completion, Current owners also removed the tiki hut and pool from the property on January 13,2010. Total fines for the noncompliance period of 200 days on Order (1) and (2) at $200 per day, the accrued lien amount is $40,000. The Respondent is requesting a Release of Lien for the $40,000 in assessed fines; Operational Costs in the amount of $86.43 were paid on October 21, 2009. Agenda Item No. 16A2 February 23, 2010 Page 2 of 4 FISCAL IMPACT: The Respondents have paid the Operational Costs of $86.43 for consideration of this settlement offer. If approved by the Board, the fines in the amount of $40,000 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, LEGAL CONSIDERATIONS: This item has no outstanding legal considerations, -JW RECOMMENDATION: That the Board of County Comrnissioners (Board) waive the fines and release the lien recorded at O.R. Book 4481, Page 754 et seq., of the Official Public Records of Collier County for payment received from Naples Affordable Homes, Inc c/o Denise Mansour for $86.43 (representing operational costs), in relation to the Code Enforcement Board action entitled Board of County Commissioners VS. Pedro Cruz, Case No. CESD20080007554. 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 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 February 23, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Pedro Cruz, Case No. CESD20080007554, relating to property located at 2222 51 Terrace SW, Naples, Florida. 2/23/2010 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Date Code Enforcement 1/28/201011:33:12 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 1/28/20104:32 PM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 1/28/20105:44 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 2/1/201011:10 AM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 2/2/20108:05 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 2/2/2010 4: 36 PM Approved By Jeff Klatzkow County Attorney Date Approved By 2/9/2010 3:07 PM Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 2/13/20102:04 PM Agenda Item No. 16A2 February 23, 2010 Page 4 of 4 This instrument prepored by: JeffE, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE OF LIEN This is to certify that the claim of lien' ("Lien") arising out of the Code Enforcement Board Order dated July 29, 2009, a certified copy of which was recorded on August 11,2009, in O.R. Book 4481, Pages 754, et seq., of the Public Records ofColIier County, Florida, against all real and personal property located in Collier COWlty, owned by LaSalle Bank National Association as Trustee, has been discharged. Cost: Reference: $86.43 (fmes waived) CEB Case No. CESD20080007SS4 The Wldersigned is authorized to and does hereby release this Lien, and consents to this Lien being discharged of record with respect to the above-named party(ies ). Dated this day of ,2010. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as .to form and legal sufficiency: