Agenda 06/22/2010 Item #16A20
Agenda Item No. 16A20
June 22. 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Partial Release and Satisfaction of Lien
for the Code Enforcement Action entitled Board of County Commissioners
vs. Sergio Valencia, CEB Case No. 2006090115, relating to property located
at 2080 16th Avenue SW, Collier County, Florida. (Revenue received
$847.09)
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Partial Release and Satisfaction of Lien, and waive $58,200 in accrued fines, for
the Code Enforcement Board action entitled Board of County Commissioners vs.
Sergio Valencia, CEB Case No. 2006090115.
CONSIDERATIONS: On February 28, 2008, The Code Enforcement Board
(CEB) found Sergio Valencia (Respondent) in violation of the Collier County Land
Development Code for unauthorized clearing of property of native vegetation
over the allowable acreage.
Respondent was ordered to correct the violations by:
1. Preparing a mitigation plan which meets the requirements stated in the
Land Development Code, on or before March 30, 2008, or a fine of $100
per day would be imposed until compliance has been confirmed. The
Respondent is required to establish a monitoring program that would
determine the 80% survivability of species of the plants used in the
mitigation effort over a two year period with replacement required to
maintain the 80% minimum annually. A minimum of two reports will be
submitted by the respondent.
2. All plant materials must be installed in accordance with the mitigation plan
within 120 days of acceptance of the mitigation plan or a fine of $100 per
day until compliance has been confirmed.
The Code Enforcement Board entered an order dated April 28, 2008, imposing a
lien ("Lien Order"). The Lien Order was recorded on May 5, 2008, at O.R. Book
4356, Page 1851, et seq., of the Official Public Records of Collier County.
The property was brought into compliance on February 23, 2010, by HSBC Bank
USA National Assn Tr by submitting a complete mitigation plan and completing
all required plantings as required by the February 28, 2008 order. Fines in the
amount of $58,200 have accrued.
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Agenda Item No, 16A20
Juno 22. 2010
Page 2 of 4
This property was acquired by HSBC Bank USA through the foreclosure process.
The Respondent is requesting a waiver of the $58,200 in accrued fines and a
release of the lien. Operational Costs in the amount of $847.09 have been paid.
The reason that this is a partial, rather than a full release is that the two-year
monitoring/survivability requirement above (#1) will remain in full force.
FISCAL IMPACT: The Respondent has paid the Operational Costs of $847.09.
If approved by the Board, the fines in the amount of $58,200 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 partially release the
Lien Order recorded at OR Book 4356, Page 1851, et seq., of the Official Public
Records of Collier County for the Code Enforcement Board action entitled Board
of County Commissioners vs. Sergio Valencia, CEB Case number 2006090115,
and in approving this item, authorize the Chairman to sign the attached Partial
Release and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation
ATTACHMENT:
1) Partial Release and Satisfaction of Lien
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A20
June 22, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A20
Recommendation to approve the Partial Release and Satisfaction of Lien for the Code
Enforcement Action entitled Board of County Commissioners vs Sergio Valencia. CEB Case
No 2006090115, relating to property iDeated at 2080 16th Avenue SW, Collier County, Florida
(Revenue received $847.09)
6/22/2010 9'00.00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager ~ Code Enforcement Operations
Date
Code Enforcement
6/9/201011:54:16 AM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director ~ Code Enforcement
Date
Code Enforcement
6/9120101:31 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
6/9/2010 2:09 PM
A pp roved By
Nick Casalanguida
Transportation Division
Director ~ Transportation Planning
Date
Transportation Planning
6/9/20102:14 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator w Transportation
Date
Transportation Administration
6/9/20103:12 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
6/10/201010:18 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6110/2010 11 :40 AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/10/20103;25 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
6/1 O{201 0 3:45 PM
Agenda Item No. 16A20
June 22. 2010
Page 4 of 4
This Instrument Prepared By:
Jeff E. Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252-8400
PARTIAL 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:
Sergio Valencia, Respondent
The lien was recorded on 5/5/2008 in Official RecDrds Book 4356, Pages 1851-52, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of one thousand six hundred forty-seven dollars and nine cents, plus accrued
interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
2080 16th Avenue SW, Collier County, Florida
Folio No. 45964120104
Collier County, a political subdivisiDn of the State of FIDrida, by execution of this Partial
Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the
accrued lien amount, and hereby cancels said lien with respect to all accrued sums.
This instrument does not release this property from the requirement of plant species
survivability for the period ending February 22, 2012, as required in the underlying order
recorded at Official Records Book 4336, Pages 2737-38, and the mitigation plan
submitted in relation to Code Enforcement Board Case No, CEB 2006090115.
The Clerk of the Circuit Court is hereby directed to record this Partial 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 CDunty,
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
As' ant County Attorney