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Agenda 09/29/2009 Item #16A 4 Agenda Item No. 16A4 September 29, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Everardo G. Guzman and Graciela Guzman, Case No. 2007030278 relating to property located at 510 Auto Ranch Road, Naples, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed settlement offer from Mr. Everardo G. Guzman to release a $6,600 code enforcement lien , in relation to the Code Enforcement Board action entitled Collier County vs. Everardo G. Guzman and Graciela C. Guzman, Case No. 20070302:78. CONSIDERATIONS: On November 2nd, 2007, The Special Magistrate found Everardo G. Guzman and Graciela C. Guzman (Respondent) in violation of the Collier County Land Development Code for failing to obtain and affix a current license plate to each vehicle not stored in the confines of a completely enclosed structure, or store same within a completely enclosed structure, or remove the offending vehicles from a residentially zoned area. Respondent was ordered to affix a current license plate on all vehicles, store the vehicles within a completely enclosed structure, or remove the vehicles from the property on or before November 23rd, 2007 or a fine of $100 per day would be imposed until the property was brought into compliance. Due to non-compliance and based on the above order, the Special Magistrate entered an order (dated March 11th, 2009) imposing a lien. The Order Imposing a Lien was recorded at O.R. Book 4434, Page 1324, et seq., of the Official Public: Records of Collier County. The property was brought into compliance by Everardo G. Guzman and Graciela C. Guzman by removing all unlicensed and inoperable vehicles on January 28th, 2008. When calculated at $100 per day for the noncompliance period of 66 days, the accrued lien amount is $6,600. The Respondent is requesting a Release of Lien for the $6,600; the Operational Costs in the amount of $277.45 was paid on March 27th, 2009. FISCAL IMPACT: The Respondents have paid the Operational Costs of $277.45 for consideration of this settlement offer. If the settlement offer is approved by the Board, the remaining fines in the amount of $6,600 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. - Agenda Item No. 16A4 September 29, 2009 Page 2 of 4 JW RECOMMENDATION: That the Board of County Commissioners accept the settlement offer and approve the release of the lien recorded at O.R. Book 4434, Page 1325, et seq., of the Official Public Records of Collier County. By approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Jen Waldron, Enforcement Supervisor - Agenda Item No. 16A4 September 29, 2009 Page 3 of 4 This Instrument Prepared By: Jen Waldron Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 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: Everardo G. Guzman & Graciela Guzman, Owner The lien was recorded on 3/11/2009 in Official Records Book 4434, Page 1324, in the Official Records oi~ollier County, State of Florida. The lien secures the principal sum of Six Thousand Six Hundred dollars zero 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: 510 Auto Ranch Road Naples, FL 34114 Cost: $6,600.00 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 ,2009. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency I '-4- ;~ .(-<-. ...: .--- Jeff Wright A~j~tant County Attorney Page 1 of 1 Agenda Item No. 16A4 September 29, 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A4 Item Summary: Recommendation to accept a Proposed Settlement providing for Compromise and Release of Liens in the Code Enforcement Action entitled Everardo G. Guzman and Graciela Guzman, Case No. 2007030278 relating to property located at 510 Auto Ranch Road, Naples, Florida. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Jennifer Waldron Code Supervisor Date Code Enforcement 9/16/2009 10:34:21 AM Approved By - Diane B. Flagg Code Enforcement Director Date Community Development & Code Enforcement 9/16/20096:29 PM Environmental Services Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 9/17/2009 2:04 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 9/17/20095:26 PM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 9/18/200910:49 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/18/200911:00 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/21/20099:40 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County 9/21/200910:30 AM Commissioners County Manager's Office file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16A. COM... 9/23/2009