Agenda 06/22/2010 Item #16A21
Agenda Item No. 16A21
June 22. 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Southern
Development Co. Inc., Code Enforcement Board Case No. CEVR20080014785,
relating to property located at 13245 Tamiami Trail East, Collier County, Florida.
(Revenue received $87.29)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of operational costs ($87.29), and waive the
$26,000 balance on the lien, in relation to the Code Enforcement Board action entitled
Board of County Commissioners vs. Southern Development Co., Inc, Code
Enforcement Board Case No. CEVR20080014785.
CONSIDERATIONS: On May 28, 2009, the Code Enforcement Board found Southern
Development Co., Inc. (Respondent) in violation of the Collier County Code of Laws
and Ordinances for violation of landscaping standards as described in SDPA-2007-AR-
11210. A written order was recorded on June 10, 2009, at O.R. Book 4460, Pages
2932-34. An order of motion for extension of time was recorded on October 12,2009,
at O.R. Book 4499, Page 2114.
_.
Respondent was ordered to correct the violations by:
1. Bringing the property to standards set by Collier County approved landscape
plan as described in SDPA-2007-AR-11210 on or before January 25,2010, or a
fine of $200 per day would be imposed until compliance had been met.
2. Existinglfuture landscape to be installed will be maintained on or before January
25,2010, or a fine of $200 per day would be imposed until compliance had been
met.
Due to non-compliance and based on the above order, the Code Enforcement Board
entered an order dated February 25, 2010, imposing a lien ("Lien"). The Lien was
recorded on March 16, 2010, at O.R. Book 4546, Page 1044, of the Official Public
Records of Collier County. The property was brought into compliance by the
Respondent on March 30, 2010. The Respondent worked diligently since the date of
the hearing to bring the property into compliance. Severe weather conditions made this
abatement difficult to be completed in accordance with the orders.
By the time the property was brought into compliance, the lien had grown to $26,000
plus $87.29 in operational costs. This is based on a noncompliance period of 65 days
(measured from the date of the extension of time to the compliance date), at $400 per
day ($200 per day for each of the numbered paragraphs above).
.-
Agenda Item No, 16A21
June 22. 2010
Page 2 of 5
Southern Development, Co., Inc. is requesting a waiver of $26,000 in accrued fines and
a release of the lien. Operational Costs in the amount of $87.29 were paid on October
13,2009.
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $26,000
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 release the Lien recorded at
O.R. Book 4546, Page 1044, of the Official Public Records of Collier County, in relation
to the Code Enforcement Board action entitled Board of County Commissioners vs.
Southern Development Co., Inc., CEB Case No. CEVR20080014785, 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, Growth Management Division, Planning and Regulation.
ATTACHMENTS: 1) Waiver Request
2) Release of Lien
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A21
June 22, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A21
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Southern Development Co. Ine, Code
Enforcement Board Case No. CEVR20080014785. relating to property located at 13245
Tamiami Trail East, Collier County, Florida.
6/22/20109:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
6/8/20103:43:17 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
6/8/20104:31 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
6/8/20104:45 PM
Approved By
Nick Casalanguida
Transportation Division
Director ~ Transportation Planning
Date
Transportation Planning
6/9/2010 9:21 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
6/9/2010 2:07 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
6/10/201010:19 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6/10/2010 11:35AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/10/20103:22 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
6/10/20103:27 PM
04/14/2010 12:12
2395425602
MBS
Agenda Item No. 16A21
June 22. 2010
PAqm;,g.!'4 of 5
Subject: Code Case # CEVR20080014785
Property Owner: Southern Development
Registered Agent:Mario Curiale
845 Bald Eagle Dr.
Marco Island,Fl 34145
Code Case #: CEVR200800]4785
To Whom It May Concern,
It has been a major problem from lack of communication between The Falling Water
association and myself Mario Curiale president of South em Development co.inc.
regarding the privacy wall and the planting oftrees and shrubs behind the wall Since the
association of Fal1ing Water has changed several times in the past 3 yrs..The agreement
that I had with the previous president and manager of the association to connect the
sprinkler system to their wllter system did not materialize and caused a delay in the
planting of the trees and shrubs
The code enforcement got involved and I went before the code enforcement in
Octoher 2009 and the board granted me a 90 day extention to finish the work behind the
wall.! immediately went to work to clear the weeds and regrade the birm and plant the
trees,unfortunately the months of October and November we had a lot ofrain and the area
was flooded so much that] could not drive the machine in there, the ground had to he
dried up in order for me to get in there and finish the planting. Toward the end of
November and December and part of January was so cold that if the small shrubs would
have been planted we would have lost them all from the cold tempertures.
My 90 days expired and the code enforcement board imposed a fine on me of
200.00 dollars a day until the job was in compliance. As soon as we had a couple of
weeks of warmer weather I went right to work to finish the job,at that point I noticed that
15 out of 30 trees that I planted in November were dead from the cold weather and
needed to be replaced"I did replace the dead trees,! also installed the shrubs and I had the
privacy wall with the plant'ngs in compliance.
I had a code enforcement person come out to the site (Susan O"Farall) and she was
pleased with the job and signed it off completed
At this time 1 would like to ask the county commission to abate these fines being
imposed against me and Southern Development co.. 1 have spent a lot of money to finish
this work at a time that I am barely staying alive,my building supply has been shut down
for a year and I am on survival mode 1 would appreciate it if you could please put this
under consideration.
4/;/?/IC
Agenda Item No. 16A21
June 22, 2010
Page 5 of 5
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
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:
Southern Development Co" Inc., Mario Curiale, RA, Respondent
The lien was recorded on 3/16/2010 in Official Records Book 4546, Pages 1044-1045,
in the Official Records of Collier County, State of Florida, The lien secures the principal
sum of twelve thousand eight hundred dollars, 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:
13245 Tamiami Trail E., Naples, FL
Folio No, 00726000009
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment 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
,