Agenda 07/27/2010 Item #16A 6Agenda Item No. 16A6
July 27, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Israel and
Delma Gallegos, Code Enforcement Board Case No. 2007060101, relating to
property located at 1318 Pear Street, Collier County, Florida. (Revenue Received
$86.45)
OBJECTIVE: That the Board of County Commissioners (Board) approve a Release
and Satisfaction of Lien for payment of $86.45, and waive the $11,800 balance on the
lien, in relation to the Code Enforcement Board (CEB) action entitled Board of County
Commissioners vs. Israel and Delma Gallegos, CEB Case No. 2007060101.
CONSIDERATIONS: On September 25, 2008, the CEB found Israel and Delma
Gallegos (Respondents) in violation of the Collier County Code of Laws and Ordinances
in the following particulars: multiple additions built on to structure without first obtaining
proper Collier County Permits. A written order was recorded on October 6, 2008, at
O.R. Book 4398, Page 3863.
Respondent was ordered to correct the violations by:
1. Obtaining all required Collier County building permits for unpermitted additions to
structure with all inspections and certificate of completion on or before May 21,
2009, or a fine of $100 per day would be imposed until compliance had been
met.
2. In the alternative, by obtaining a demolition permit and obtaining inspections and
certificate of completion, on or before May 21, 2009, or a fine of $100 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 March 25, 2009, imposing a lien ( "Lien "). The Lien was
recorded on March 31, 2010, at O.R. Book 4551, Page 1252, of the Official Public
Records of Collier County.
The property was brought into compliance on March 29, 2010 by the respondents who
obtained all required Collier County Building permits for all unpermitted
additions /structures with all inspections, and certificate of completion. This is an existing
property owner, the property is in compliance and the fines are no longer accruing. The
property owners diligently pursued abatement as finances allowed.
Israel and Delma Gallegos have submitted payment in the amount of $86.45,
representing the operational costs. In exchange for this payment, they are requesting a
waiver of $11,800 in fines and a release of the lien.
Agenda Item No. 16AG
July 27, 2010
Page 2 of 4
FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $11,800
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 4551, Page 1252, of the Official Public Records of Collier County, in relation
to the Code Enforcement Board action entitled Board of County Commissioners vs.
Israel and Delma Gallegos, Case No. 2007060101, for payment of costs, 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) Release and Satisfaction of Lien
Agenda Item No. 16A6
July 27, 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A6
Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entitled Board of County Commissioners vs Israel and Delma Gallegos. Code
Enforcement Board Case No 2007060161, relating to property located at 1318 Pear Street,
Collier County, Florida.
Meeting Date: 7/27/2010 9:00:00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Environmental Services
Code Enforcement
71912010 10:36:29 AM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
7/9/2010 10:40 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
7/912010 1:46 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/912010 2:52 PM
Approved By
Nick Casalanguida
Director - T. ansportation Planning
Date
Transportation Division
Transportation Planning
7/1312010 9:20 AM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
713/2010 10:44 AM
Approved By
Norm E. Feder, AICP
Administrator - Transpartation
Date
Transportation Division
Transportation Administration
?/1312010 1:11 PM
Approved By
OtviE Coordinator
Date
County Manages Office
Office of Management & Budget
7113/2010 2 44 PM
Approved By
Mic hoe; Sheffield
Assist ant to the County Manager
Coem k Managers Office
Date.
711412010 8:56 AM
Agenda Item No. 16A6
July 27, 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
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:
Israel and Delma Gallegos, Respondents
The lien was recorded on March 31, 2010 in Official Records Book 4551, Pages 1252 -53.
The lien secures the principal sum of eleven thousand four hundred eighty -six dollars and
forty -five 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:
1318 Pear Street, Immokalee, FL
Folio No. 30731280004
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
0
Deputy Clerk
Approved as to form and legal sufficiency
Je E. right
As ' nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman