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Agenda 09/14/2010 Item #16A16 Agenda Item No. 16A 16 September 14, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Orders in the Code Enforcement Actions entitled Board of County Commissioners (BCC) vs. T & A Docksid~, Inc., and Release of Civil Judgment in the action entitled BCC vs. Charles Alderman, relating to property located at 2891 Bayview Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the release of two orders entered against T & A Dockside, Inc., and a Civil Judgment entered against Charles Alderman, and waive the $1,660 balance due under the orders, in relation to the Code Enforcement Board (CEB) actions entitled Board of County Commissioners (BCC) VS. T & A Dockside, Inc., CEB Case No. 99-064, and BCC v. Charles Alderman, Circuit Court Case No. 99-01905-MMA. CONSIDERATIONS: On November 29, 1999, the CEB found T & A Dockside, Inc. in violation of the Collier County Code of Laws and Ordinances for causing amplified music to emanate from the property in excess of the sound level limits on several dates in the summer and fall of 1999. A written order was recorded on January 7, 2000, at O.R. Book 2629, Pages 0168-0170, of the Official Public Records. Respondent was ordered to correct the violations by "ceasing and desisting from causing amplified music to emanate" from the property in excess of applicable sound level limits, and was fined $500. A subsequent order was recorded at O.R. Book 2704, Pages 856-858, and was indexed in the public record as a "Lien". Also, a Civil Judgment in the amount of $500 (plus annual interest at 12%) was entered against Charles Alderman on July 26, 1999, and recorded on August 24, 1999, at O.R. Book 2584, Page 2082, for similar noise violations at the property, in Circuit Court Case No. 99-01905-MMA. The total amount due under this judgment is $1,160, representing the judgment amount of $500 plus interest calculated through July 2010 ($660). The property has been brought into compliance on these issues. Haldeman Creek Enterprises, LLC, previously paid a total of $8,287; $1,787.85 in operational costs and $6499.15 in fines to mitigate these fines and civil judgment. This property was purchased by a new owner, Maddox & Partners LLC., in July 2010. As part of the transaction, a code enforcement lien search was performed and the parties to the transaction are requesting releases to the aforementioned civil judgment and Code Enforcement Board fine. FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $1,660 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No, 16A 16 September 14, 2010 Page 2 of 5 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board waive the fines and release the instruments recorded at OR. Book 2629, Pages 0168-0170, O.R. Book 2704, Pages 0856-0858, and at O.R. Book 2584, Page 2082, of the Official Public Records of Collier County, as detailed herein, and by approval of this item, authorize the Chairman to sign the attached releases. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: 1) Release and Satisfaction of Lien Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 16 September 14, 2010 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A16 Recommendation to approve the Release and Satisfaction of Orders in the Code Enforcement Actions entitled Board of County Commissioners (BCG) vs. T & A Dockside, Inc" and Release of Civil Judgment in the action entitled BCC vs, Charles Alderman, relating to property located at 2891 Bayview Drive, Collier County, Florida, 9/14/20109:00:00 AM Prepared By Sharon Dantini Community Development & Environmental Services Training Coordinator Date Code Enforcement 8/26/20104:16:19 PM Approved By Judy Pulg Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services 8/27/20109:09 AM Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Date Transportation Administration 8/30/20109:40 AM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 8/30/2010 10:03 AM Approved By Nick Casaiangulda Transportation Division Director - Transportation Planning Date Transportation Planning 8/31/20109:43 AM Approved By Jeff Klatzkow County Attorney Date Approved By 8/31/2010 10:27 AM OMB Coordinator County Manager's Office Date Office of Management & Budget 9/1/2010 1 :24 PM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 9/1/20104:30 PM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 9/2/201010:50 AM Agenda Item No, 16A 16 September 14, 2010 Page 4 of 5 This Instrument Prepared By: Jeff E. Wright, Assistant County Attomey Collier County Attorney's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252-8400 RELEASE AND SATISFACTION OF CIVIL JUDGMENT KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Civil Judgment against: Charles Alderman, Defendant The Civil Judgment was recorded on August 24, 1999, in Official Records Book 2584, Page 2082. The judgment secures the principal sum of five hundred dollars and zero cents, plus interest at the rate of 12% per year. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Civil Judgment, acknowledges full satisfaction of the judgment and hereby cancels and releases said judgment The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Civil Judgment in the Official Records of Collier County, Florida, to acknowledge that the judgment and any lien created thereby 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 ~ Assistant County Attorney Agenda Item No, 16A 16 September 14, 2010 Page 5 of 5 This Instrument Prepared By: Jeff E. Wright, Assistant County Attorney Collier County Attomey's Office 3001 E. Tamiami Trail Naples, Florida 34112 (239) 252-8400 RELEASE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain code enforcement orders entered against: T & A Dockside, Inc., Respondent The order was first recorded on January 7, 2000, in Official Records Book 2629, Pages 0168, et seq., and was re-recorded on January 28, 2000, in Official Records Book 2704, Pages 0856, et seq. These orders secure the principal sum of five hundred dollars and zero cents against the Respondent. . Collier County, a political subdivision of the State of Florida, by execution of this Release, acknowledges full satisfaction of the orders and hereby cancels and releases said orders. The Clerk of the Circuit Court is hereby directed to record this Release in the Official Records of Collier County, Florida, to acknowledge that the orders and any lien created thereby 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, 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