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Agenda 03/23/2010 Item #16A 6 Agenda Item No. 16A6 March 23, 2010 Page 1 of4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Steven B. Johnson, Code Enforcement CEB Case No. 2003-057, relating to property located at 128 Flicker Lane, Everglades City, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien, and waive $191,900 in accrued fines, for the Code Enforcement Board action entitled Board of County Commissioners vs. Steven B. Johnson, CEB No. 2003-057. CONSIDERATIONS: On January 22,2004, The Code Enforcement Board found Steven B. Johnson (Respondent) in violation of the Collier County Land Development Code and the Code of Laws and Ordinances for improper storage of vehicles and materials in a "progressive state of disrepair presenting a nuisance to neighboring properties" and for unpermitted structures on the property. Respondent was ordered to correct the violations by: 1. Ceasing to store and all vehicles of any kind, boats and trailers, vehicle parts, salvaged building materials, tools or private ownership machinery and debris on or before April 20, 2004; or a fine of $50 per day would be imposed until compliance has been confirmed. 2. Submitting complete and sufficient building permit applications for all allowed structural improvements, or by removing all non permitted structures on or before April 20, 2004; or a fine of $50 per day would be imposed until compliance has been confirmed. 3. Following through with all required inspections and receiving a certificate of completion within 90 days after obtaining the required building permits or a fine of $50 per day would be imposed until compliance has been confirmed. 4. If any structure is not permittable, then by obtaining a demolition permit and following through with all required inspections and receiving a certificate of completion on or before April 20, 2004; or a fine of $50 per day would be imposed until compliance has been confirmed. Due to non-compliance and based on the above orders, the Code Enforcement Board entered an order dated June 4, 2004, imposing a lien ("Lien Order"). The Lien Order was recorded at O.R. Book 3583, Pages 0548, et seq., of the Official Public Records of Collier County. The property was brought into compliance on July 23, 2009, by Steven B. Johnson by removing any and all unpermitted Agenda Item No. 16A6 March 23, 2010 Page 2 of 4 structures, vehicles, trailers and boats of any type and all litter and debris from the entire property. The accrued lien amount is $191,900 for the non-compliance period of 1,919 days. The Respondent is requesting a waiver of the $191,900 in accrued fines and a release of the lien. Operational Costs in the amount of $1,467.25 were paid on February 23,2010. FISCAL IMPACT: The Respondents have paid the Operational Costs of $1,467.25 for consideration of this settlement offer. If approved by the Board, accrued fines in the amount of $191 ,900 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Approval of this item will result in full release, and permanent relinquishment of $191,900 in accrued fines. 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 3583, Pages 0548 et seq., of the Official Public Records of Collier County for payment received from Steven B. Johnson in the amount of $1,467.25 (representing operational costs), for the Code Enforcement Board action entitled Board of County Commissioners vs. Steven B. Johnson, CEB Case No. 2003-057, 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. 16A6 March 23, 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Steven B. Johnson, Code Enforcement CEB Case No. 2003-057, relating to property located at 128 Flicker Lane, Everglades City, Florida. 3/23/2010 9:00:00 AM Date Prepared By Marlene Serrano Community Development & Environmental Services Manager ~ Code Enforcement Operations Code Enforcement 3/3/2010 10:33:34 AM Date Approved By Diane 8. Flagg Community Development & Environmental Services Director - Code Enforcement Code Enforcement 3/3/20102:44 PM Approved By Date Jeff Wright County Attorney Assistant County Attorney County Attorney 3/4/2010 11 :29 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 3/4120104:48 PM Approved By Date Nick Casalanguida Transp.ortation Division Director ~ Transportation Planning Transportation Planning 3/9120103:22 PM Date Approved By OMS Cpordinator County Manager's Office Office of Management & Budget 3110/20109:25 AM Date Approved By Jeff Klatzkow County Attorney 3/12/20102:13 PM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/13120109:52 AM Agenda Item No 16A6 March 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: Steven B. Johnson, Owner The lien was recorded on 6/9/2004 in Official Records Book 3583, Pages 0548, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal accrued sum of One Hundred and Ninety Three Thousand Three Hundred Sixty-Seven dollars and twenty-five cents, plus costs, accrued interest, and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 128 Flicker Lane, Naples, FL Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges 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 entire lien is forever relinquished and ceases to exist as an encumbrance against the above property and any real or personal property owned by Steven B. Johnson. 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. ATIEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chainman Deputy Clerk Approved as to form and iegal sufficiency f