Agenda 09/25/2018 Item #16A14Proposed Agenda Changes
Board of County Commissioners Meeting
September 25, 2018
Continue Item 16A14 to October 9, 2018 BCC
Meeting: Recommendation to approve the release
of a code enforcement lien with a value of $33,130.36
for payment of $10,000 in the code enforcement
actions entitled Board of County Commissioners v.
AT&T Wireless Services of FL, Code Enforcement
Board Case No. CEPM20150012708 relating to 1173
Sun Century Road, Collier County, Florida. (County
Attorney’s request)
Move Item 16F3 to Item 11G: Recommendation to approve and authorize the Chairman to sign
Extension of Agreement with Southwest Florida Economic Development Alliance, Inc. for FY
2019 in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (Commissioner Saunders’ request)
Move Item 16F4 to Item 11H: Recommendation to approve and authorize the Chairman to sign
an Extension of Agreement with Partnership for Collier’s Future Economy, Inc. (“Partnership”)
in continued support of the established public- private partnership designed to advance the
County’s economic development efforts. (Commissioner Saunders’ request)
Move Item 16F8 to Item 11I: Recommendation to approve and authorize the Chairman to sign
the annual Agreement between Economic Incubators, Inc. and the Board of County
Commissioners in continued support of the established public- private partnership designed to
advance the County’s economic development efforts. (Commissioner Saunders’ request)
Time Certain Items:
Item 11G to be heard at 11:00 a.m., followed by Items 11H and 11I
Note:
Item 16A1: The Resolution was inadvertently omitted from agenda packet. Copies have been
distributed to Board members.
09/25/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $33,130.36 for
payment of $10,000 in the code enforcement actions entitled Board of County Commissioners v.
AT&T Wireless Services of FL, Code Enforcement Board Case No. CEPM20150012708 relating to
1173 Sun Century Road, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $33,130.36 for payment of $10,000 in relation to Code Enforcement Board
Case No. CEPM20150012708.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against AT&T Wireless Services of FL, (AT&T) in Case No. CEPM20150012708 for
a code violation at 1173 Sun Century Road, consisting of a garage with roof damage. The lien was
recorded in the Official Records on February 12, 2016, at O.R. Book 5241, Page 3220. The lien amount
of $33,130.36 is based on 329 days of accrued fines ($100 per day from January 5, 2016, through
November 28, 2016) $32,900 plus $230.36 in operational costs. The property was brought into
compliance on November 28, 2016.
Pursuant to Resolution No. 2012-46, fines accrued by an existing owner would be considered for a waiver
as long as the owner has diligently pursued abatement and compliance has been achieved. The violation
arose after the sale of a portion of the property owned by AT&T containing a tower. AT&T sold the
property, however, AT&T kept the remainder of the property containing an unused vacant operations
building with a garage. Although the Treasury at AT&T continued to pay real estate taxes on the
property (with the garage), AT&T’s local operations group thought AT&T had sold the entire lot.
Therefore, AT&T’s local operations group did not maintain or inspect the garage. In mid -July 2016,
AT&T became aware of the recorded Order regarding the garage. AT&T real estate immediately
informed the local operations team who inspected the property and confirmed the code violation. AT&T
initially spent $14,980 for the property clean up and roof repairs. Additional costs of $3,890 were spent
for additional roof repairs. After inspection(s), it was determined that the garage required a complete roof
replacement. AT&T complied and spent an additional $7,400 on a new roof.
AT&T responded quickly upon actual knowledge of the Order. They spent $26,270 for the required
repair and cooperated with the inspector(s). The violations were unintentional and remedi ed upon
awareness. The property is being actively maintained, and $10,000 has been paid in settlement of fines.
The owner is requesting a waiver of $23,130.36 in accrued fines, see attached hardship letter as required.
There are no known violations at this time. See attached request for reduction pursuant to the reduction
ordinance.
FISCAL IMPACT: Payment of $10,000 in settlement of fines has been made, representing $9,769.64 in
fines and $230.36 in operational costs. If approved by the Board, accrued fines in the amount of
$23,130.36 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46. - KN
16.A.14
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09/25/2018
RECOMMENDATION: To waive the fines in the amount of $23,130.36, accept payment amount of
$10,000, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Release and Satisfaction - KN signed(11) (PDF)
2. Lien Orders (PDF)
3. Request for Reduction (PDF)
16.A.14
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09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 6469
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $33,130.36 for payment of $10,000 in the code enforcement actions entitled Board of County
Commissioners v. AT&T Wireless Services of FL, Code Enforcement Board Case No.
CEPM20150012708 relating to 1173 Sun Century Road, Collier County, Florida.
Meeting Date: 09/25/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
08/21/2018 9:33 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/21/2018 9:33 AM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 08/21/2018 11:57 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/21/2018 12:10 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 2:16 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/22/2018 3:15 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/22/2018 3:42 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/22/2018 4:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2018 7:37 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/31/2018 11:42 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/06/2018 9:50 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 1:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.A.14
Packet Pg. 934
16.A.14.a
Packet Pg. 935 Attachment: Release and Satisfaction - KN signed(11) (6469 : AT&T Wireless Services of FL)
16.A.14.b
Packet Pg. 936 Attachment: Lien Orders (6469 : AT&T Wireless Services of FL)
16.A.14.b
Packet Pg. 937 Attachment: Lien Orders (6469 : AT&T Wireless Services of FL)
16.A.14.b
Packet Pg. 938 Attachment: Lien Orders (6469 : AT&T Wireless Services of FL)
16.A.14.b
Packet Pg. 939 Attachment: Lien Orders (6469 : AT&T Wireless Services of FL)
16.A.14.c
Packet Pg. 940 Attachment: Request for Reduction (6469 : AT&T Wireless Services of FL)
16.A.14.c
Packet Pg. 941 Attachment: Request for Reduction (6469 : AT&T Wireless Services of FL)