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Agenda 03/09/2010 Item #16A 8 Agenda Item No. 16A8 March 9, 2010 Page 1 of4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Diana Hall, CEB Case No. 2003-036, relating to property located at 790 12th Street N.E., Collier County, Florida OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien and waive the $341.84 balance on the Lien, in relation to the Code Enforcement Board action entitled Board of County Commissioners VS. Diana Hall, CEB Case No. 2003-36. CONSIDERATIONS: On September 25, 2003, the Code Enforcement Board (CEB) found Diana Hall (Respondent) in violation of the Collier County Land Development Code and the Florida Building Code for failure to follow through to the certificate of occupancy, which requires all inspections to be scheduled, inspected, and approved on a primary structure under Permit No. 920010786. ~- Respondent was ordered to correct the violations by: 1. Submitting a complete and sufficient building permit application for the structure/ improvements or by removing same, on or before December 24, 2003, or a fine of $100 per day would be imposed until compliance had been met. 2. By "causing follow through to the certificate of occupancy, which requires all inspections to be scheduled, inspected, and approved in order to obtain certificate of occupancy within 90 days after the required penmits are obtained" or a fine of $75 per day would be imposed until compliance had been met. 3. If the respondent failed to take action to comply with paragraph 1 or 2 on or before December 24, 2003, the County would secure the structure by boarding it up and assessing the cost to the Respondent. The CEB entered an order dated February 27, 2006, imposing a lien ("Lien"), The Lien was recorded at O.R. Book 3989, Page 3769, et seq., of the Official Public Records of Collier County. The property was brought into compliance on July 18, 2005 by the respondent. Although fines had accrued, the CEB waived the accrued fines and the Lien represents operational costs only in the amount of $1,341,84, Respondent has paid $1,000 of the Lien amount and is requesting a Release of Lien for the remaining $341.84. ~ FISCAL IMPACT: The Respondent has paid operational costs of $1,000, If approved by the Board, the Lien balance in the amount of $341.84 will be waived. -~-----~---_.">---- ..."......_--..-<<"'".,._~. .~"._> - , ".". ,","--,-.......'-- -, .. ,.-- .------.,.-.-.. Agenda Item No. 16A8 March 9, 2010 Page 2 of 4 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 $341.84 balance and release the Lien recorded at O.R. Book 3989, Page 3769 et seq., of the Official Public Records of Collier County for payment received from Diana Hall of $1,000, in relation to the CEB action entitled Board of County Commissioners VS. Diana Hall, CEB Case No. 2003-036. 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 ..... Item Number: Item Summary: Meeting Date: -' .....0...... .L '-'A -'- Agenda Item No. 16A8 March 9, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AB Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs Diana Hall, CEB Case NO.2003-036 relating to property located at 790 12 Street N.E., Naples, Florida. 3/9/2010 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager ~ Code Enforcement Operations Date Code Enforcement 2/10/20104:14:52 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 2/11/20107:54 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services 2/11/201010:40 AM Approved By Diane B. Flagg Community Development & Environmental Services Director ~ Code Enforcement Date Code Enforcement 2/11/20101:43 PM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 2/18/201010:47 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 2/23/20108:50 AM Approved By Jeff Klatzkow County Attorney Date 2/26/2010 11:15AM Approved By Mark Isackson Office of Management & Budget ManagemenUBudget Analyst, Senior Date Office of Management & Budget 2/27/201010:05 AM -C1_./In.\ A, __....J_'T'__....\T"u.._......\1~^ "l...-____L ^ "^1r\\1f nAltro.TC1T"ltro.T'T' A, r<T"lro.TT"\.A,\1f A r<A"l."-"l.KTT1I.TT --._-- "l/""l/"^1^ _M_"_. _ .~'" ., Agenda Item No. 16A8 March 9,2010 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: Diana Hall The lien was recorded on 2/28/2006 in Official Records Book 3989, Pages 3769, et seq., in the Official Records of Collier County, State of Florida. The lien secures $1,341.84 in operational costs, and imposes certain obligations against the following real property situated in Collier County, Florida: 790 12th Street NE, Naples (Collier County) Florida Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges compromised 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 Je E. right nt County Attorney ~ .-' ,,~,","".~~>.._. ,_",._~,~_~>,_...____.. .w>_w~._"~..".. _