Agenda 01/27/2009 Item #16A10
EXECUTIVE SUMMARY
Agenda Item No. 16A10
January 27, 2009
Page 1 of 7
Recommendation that assessment of lot mowing cost related to property located at 18523
Royal Hammock Blvd., Collier County, Florida be waived by the Board of County
Commissioners. Code Enforcement Case Number CENA20080012474.
OBJECTIVE: That the Board of County Commissioners (Board) waive assessment of lot
mowing cost to Douglas & Sandra Lee Sikorski in the amount of$125.00. The assessment of lot
mowing cost is for the amount paid to the contractor hired by the County to abate a nuisance on
property located at 18523 Royal Hammock Blvd. in Collier County, Florida.
CONSIDERA TlONS: On August 15, 2008, the Code Enforcement Department opened Case
#CENA200800]2474 for violation of Public Nuisance, Weeds and Exotics Ordinance, Chapter
54-185(a) of the Collier Code of Laws and Ordinances, which prohibits the accumulation of
weeds, grass and other similar non-protected overgrowth in excess of ] 8 inches in height. The
investigator assigned to the case sent a Notice of Violation to the property owners, Douglas &
Sandra Lee Sikorski, on August 20, 2008, with a compliance date of September I, 2008.
On August 27, 2008, the property owner contacted the investigator to advise him that portion of
the property was under water and that he was unable to cut the grass. The investigator advised
Mr. Sikorski to cut as much as he could (approximately 30 feet from the property line) to show
that there was work being done to comply.
The investigator extended the deadline twice smce the lot was flooded thus preventing
compliance. On September 18, 2008, a re-inspection was conducted and the violation still
remained. The case was forwarded to the County contractor for abatement. Between September
18th and September 23rd, the property owner's landscaper attempted to abate the violation, but
was only able to mow 30 feet in from the propcrty line due to the accumulation of water on the
property.
The County contractor abated the violation on September 23, 2008, as shown by the photos
attached to this Executive Summary. The photos confirm that a portion of the lot was mowed by
the property owner or their agents. The County contractor arrived after this was done but mowed
the grass on the rest of the lot as the contractor had the equipment to do that even though the
remaining p0l1ion vvas under water.
Mr. Sikorski contacted the Code Enforcement Department and rcquested that the assessment be
waived noting that he believed he complied with the investigator's rcquest in mowing what he
could. A letter from his landscaper is also attachcd to this Executive Summary.
Considering the circumstances related to this case and the fact that the equipment used by the
owner's contractor was not adequate to effectively cut the grass, staff supports Mr. Sikorski's
position and as such that in this case the cost to cut the grass on the lot should be absorbed in the
property maintenance program budget funds
FISCAL IMPACT: The County contractor's abatement cost of $]25.00 is budgeted in the
Code Enforcement Fund Ill.
Agenda Item No. 16A 10
January 27, 2009
Page 2 of7
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERA nONS: This item is not quasi-judicial and therefore no ex parte
disclosure is required. This item requires a simple majority vote. This item has been reviewed
by the County Attorney's Office and is sufficient for Board action. (MMSS)
RECOMMENDA TION: That the Board of County Commissioners waive the assessment for
the lot mowing cost of $ ] 25.
PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager.
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A10
January 27. 2009
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation that assessment of lot mowing cost related to property located at 18523
Royal Hammock Blvd., Collier County, Florida be waived. Code Enforcement case number
CENA20080012474.
1/27/20099:0000 AM
Prepared By
Marlene Serrano
CDES
Investigative Supervisor
Code Enforcement
Date
12/31/20084:18:35 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
1/6/200912:35 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/6/20092:04 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
1/6/20093:56 PM
Approved By
Marjorie M. Student~Stirling
County Attorney
Assistant County Attorney
County Attorney Office
Date
1/14/20099:17 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
1/14/20093:42 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
1/14/20096:34 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
1/16/200911:10 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/17/200912:32 PM
file://C :\Agenda T est\Export\ 122-J anuarv%2027, %202009\ 16. %20CONS ENT%20AG END...
1/2 I /2009
85/87/1996 84:28. 3838583
Agenda IternFl~E16RtO
January 27,2009
Page 4 of 7
J.e. Pena Lawn Service
.3840 S.E. Everglades Blvd
Naples, FL 34117
(239)289-1211
(239)877-8243
Acct# . dO;2/
To our customers from Royal Palm Gulf lots.
1bis letter is to infonn that we will like to begin cutting your lots every
month. Some of OUT customers are having problems with the code
enf.orcemem, \ii~~~ -heeu.r..a;n;ng "lmost_~gr.aB!S'fs..growing
faster. We will charge $24.00 dollars per cut, per month with a 6 months
pil.yment in advanced (July thru December) with the total amount of$144.00
per 6 month;. I will bill you again for the next 6 months. We think that this
wi.l be beneficial for you, you will pay 13 dollars extra for the year. We are
doing this because J cannot bill you every month the cost of stamp, paper &
envelopes will be expensive. Remember after the first cl1t, we can not refund
your payment.
If you are not happy with this change please feel free to send 55.00
dollars for the next cut.
o ..... .Pl.ease..ma.kc-sm;.e"you,somd_your~JuIy-5;~g..~"Ire'-' ""':.0:.----..... -.
can proceed to cut your lot. With your payment include your account # this
number willl!ppear in this letter also include your name,..phone ;:;umber, and
lot information.
If you have any question call at the number above.
Thank you
J.e. Pena
05/07/1996 04:28 3838583
Agenda Itemlf~E16~
January 27, 2009
Page 5 of 7
J.C. PENA LAWN SERVICE
3840 S.E. Everglades Blvd
NAPLES FL 34117
Acct# 2021
To whom it may concern:
Mr. Sikorski has been a customer of mine since 2007. He has paid
6 months in advance for me to cut his lot at 18523 Royal
Hammock Blvd. He has asked me to give an explanation to The
Collier County Code Enforcement. The cut that I do recently has
been 20 to 30 feet back has been because of the deep water on Mr.
Sikorski's lot as well as other lots due to all of the rain. I have a
lawn cutter which is an x-mart mower that does a good job, it cuts
vel)' short but I cannot cut with deep water, the dirt and mud will
damage my equipment and becomes vel)' unsafe. The lots now
have dried up and I can now cut all of the way back. We have not
had this much rain that I can ever remember. I told Mr. Sikorski
that I do a good job for him and that there are other property
owners that have had the same problems.
Thank you
J.e. Pen a
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