Agenda 03/09/2010 Item #16A 5
Agenda Item No. 16A5
March 9, 2010
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the
Code Enforcement Action entitled Board of County Commissioners vs
Teudis Zamora, Case No. 2006120209, relating to property located at 3471
2 Avenue S.E., Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien and waive the $26,750. balance on the Lien, in
relation to the Code Enforcement Board action entitled Board of County
Commissioners VS. Teudis Zamora, Case No. 2006120209.
CONSIDERATIONS: On January 24,2008, the Code Enforcement Board (CEB)
found Teudis Zamora (Respondent) in violation of the Collier County Land
Development Code and Code of Laws and Ordinances for unpermitted garage
and laundry room conversions and an unpermitted fence and shed at 3471 2nd
Avenue, S.E.
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Respondent was ordered to correct the violations by obtaining all required Collier
County Building Permits or Demolition Permit, Inspection, and Certificate of
Occupancy and/or Certificate of Completion for all non-permitted improvements
on the property on or before May 23, 2008, or a fine of $50 per day would be
imposed until compliance had been met.
Due to non-compliance and based on the above order, the CEB entered an order
dated August 6, 2008, imposing a lien ("Lien"). The Lien was recorded at O.R.
Book 4385, Pages 0717, et seq., of the Official Public Records of Collier County.
The property was brought into compliance on November 9, 2009 by Mr. Kenneth
Duffy, who purchased the property on August 14, 2009. Mr. Duffy spent over
$13,000 to abate all violations and to obtain necessary permits. Based on fines
for the noncompliance period of 535 days at $50 per day, the accrued Lien
amount is $26,750.
Mr. Duffy is requesting a Release of Lien for the $26,750 in assessed fines;
operational costs in the amount of $251.65 were paid by Mr. Duffy on December
23, 2009.
FISCAL IMPACT: Operational costs of $251.65 have been paid. If approved by
the Board, accrued fines in the amount of $26,750 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
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LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
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Agenda Item No. 16A5
March 9, 2010
Page 2 of 5
RECOMMENDATION: That the Board waives the fines and release the Lien
recorded at O.R. Book 4385, Page 0717, et seq., of the Official Public Records of
Collier County for payment received from Kenneth Duffy in the amount of
$251.65 for operational costs, in relation to the CEB action entitled Board of
County Commissioners VS. Teudis Zamora, Case No. 2006120209. And 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
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Agenda Item No. 16A5
March 9, 2010
Page 3 of 5
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16A5
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Teudis Zamora, Case No. 2006120209,
relating to property located at 3471 2 Avenue S.E., Naples, Florida.
3/9/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Marlene Serrano Manager ~ Code Enforcement Operations Date
Community Development & Code Enforcement 2/10/20104:10:37 PM
Environmental Services
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 2/11/20107:53 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 2/11/201010:43 AM
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Approved By
Diane B. Flagg Director - Code Enforcement Date
Community Development & Code Enforcement
Environmental Services 2/11/20101:42 PM
Approved By
Jeff Klatzkow County Attorney Date
2/12/20108:44 AM
Approved By
Nick Casalanguida Director - Transportation Planning Date
Transportation Division Transportation Planning 2/18/2010 10:46 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 2/23/20108:48 AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget
Budget 2/27/201010:02 AM
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KENNETH DUFFY JR.
Agenda Item No. 16A5
March 9, 2010
Page 4 of 5
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December 22, 2009
C
Community Development and
Environmental Services Division
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2800 N Horseshoe Drive
Naples, FL 34104
Ref: CASE# 2006120209
Dear Sir or Madam:
I, Kenneth Duffy Jr., bought a house located at 3471 2"" Avenue SE Naples, FL 34117 on 08/14/2009,
The house w.lS a foreclosed property.
The house had a code violation that w.lS imposed on the previous owner. I w.lS not aware of the code
violation problem after I had already closed on the property. I immediately contacted )Our department (Code
Enfon:ement) to find out how to resolve this matter.
I spoke to Michelle Scavone, an investigator at )Our depanment, and she advised that the case w.lS in the
Attorney's Office, I contacted the Attorney's office and spoke with Mr. Jeff Wright who instructed me on how
to resolve above situation. Mr. Wright explained to me that I needed to bring the house up to code and then,
as soon as their department got the documentation showing the house is up to code, they ""uk! move forward
with the release and close the case.
I have spent over $13,000 in permits and corrections. I am kindly requesting the Board to review my case
and that the fmes imposed on my property due to the previous owne" issues be waived. I have complied with
the ordinances of Collier County and my house is now up to code. Enclosed )OU will find a check in the
amount of $251.65 to cover operating cost.
3471 ZND AVE SE . NAPLES, FL . Hl04
PHONE, 239-440-0H6 . FAX: 239-643-6628
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Agenda Item No. 16A5
March 9, 2010
Page 5 of 5
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:
Teudis Zamora
The lien was recorded on 8/11/2008 in Official Records Book 4385, Pages 0717, et seq.,
in the Official Records of Collier County, State of Florida. The lien secures the accrued
sum of $27,001.65 (representing $26,750 in assessed fines and $251.65 in costs), and
imposes certain obligations against the following real property situated in Collier County,
Florida:
3471 2nd Avenue S.E., Naples (Collier County) FL, 32117
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Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment of costs as 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 Chairman 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:
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
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right
nt County Attorney
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