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Agenda 11/10/2009 Item #16A10 Agenda Item ~~o. 16A 10 November 10,2009 Page 1 of 5 EXECUTiVE SUfviMARY Recommendation to impose lien in relation to the Code Enforcement Action entitled Ruben Romero, Code Enforcement Board Case No. CEPM20080007069, on property located at 2183 41st St SW, Naples, Florida (County incurred cost to date is $7,678.16). OBJECTIVE: That the Board of County Commissioners authorize the imposition of a lien for County Abatement costs of $7,678.16 in the Code Enforcement Board action entitled Ruben Romero, Case No. CEPM20080007069. CONSIDERATIONS: On October 2nd, 2008, the Code Enforcement Department issued a Notice of Dangerous Building to Ruben Romero and sent a copy to Mr. Romero via Certified mail. The Dangerous Building conditions were created from a previous fire on the property. Many attempts were made to work with the property owner to abate the violation. In April of 2009, the County hired a contractor to abate the violation. Costs of abatement were $7,678.16, as retlected in the attached invoice. The violation was abated by a contractor hired by Collier County, at the County's expense, to demolish the structure. An invoice of these costs and any administrative fees was sent to the owner, who was given an opportunity to pay the costs incurred by Collier County. No payment was received from the owner. - FISCAL IMPACT: Collier County has incurred abatement costs in the amount of $7,678.16. 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: The recommendation is that the Board of County Commissioners approve the imposition of a lien in the amount of $7,678.16 in the Code Enforcement action entitled Ruben Romero, Case No. CEPM20080007069, on property located at 2183 41 st St SW, Naples, FL, and authorize the Chairman to sign the attached lien resolution. PREPARED BY: Jen Waldron, Enforcement Supervisor .~ Item Number: Item Summary: Meeting Date: ~ ~~~ ~ ~~ ~ Agenda Item No, 16A 10 November 10. 2009 Page 2 of 5 COLLiER C0;_';:~ i Y BOARD OF COUNTY COMMISSiONERS 16A10 Recommendation to impose iie" iii ,e:atio" to the Code Enforcement Action entitled Ruben Romero, Code Enforcement Soard Case j--Jo, CEPM20080007069, on property located at 2183 41st St. SW, Naples, Floilda (County incurred cost to date is $7,678.16), 11/10/2009900:00 AM Prepared By Jennifer Waldron Code Supervisor Date Approved By Code Enforcement 10/2812009 11 :02:20 AM Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmenta~ Ssr\.':cas /\d.":":ir.. 10125/200911:13 AM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development &. Environmental Services Admin, 10/2812009 11 :22 AM A pproved By Diane B. Flagg Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 10/2812009 12: 56 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 10/3012009 9:45 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 10/30/2009 12: 58 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 1013QI2009 3:35 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 10/3012009 5:31 PM ~l_.lf~.\ A ____,.J_'T'__.;..\,I'_____~..L\1""O "l..T____u_L___1r't ""'A/l,i\\1t": r'i~1\.T0r'1\.Trr A~T'"1\.Tr'\A\1rA nr'\~,.r 11 Iii l""'tAAA Agenda Item ~~o, 16A 10 November 10. 2009 Page 3 or 5 LEGAL ",onCE OF ASSESSIVIENT DATE: November 10th, 2009 NAME OF OWNER: Ruben Romero ADDRESS OF OWNER: 5115 Hemingway Cir Apt 3602 Naples, FL 34116 You, as the owner of record of the following property: GOLDEN GATE UNIT 2 BLK 76 LOT 25 FOLIO# 35780960008 Are hereby advised that Collier County, Florida did on the .LL:: day of March, 2009, order that the hazardous or dangerous condition which existed on the above property be remedied, sending you notice thereof, the specific hazards being: Any portion, member, or appurtenance thereof likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons. My portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of two thirds of that specified in the Florida Building Code, Building for new buildings of similar structure, purpose, or location without exceeding the nominal strength permitted in the Florida Building Code, Building for such buildings. The building, or any portion thereof, is likely to collapse partially or completely because of dilapidation, deterioration or decay; construction in violation of the Florida Building Code, Building the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; damage due to fire, wind or flood; or any other similar cause. A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous condition; whereupon, it was remedied by Collier County at a cost of $7,678.16; such cost, has been assessed against the above property, in the same manner as a tax lien in favor of Collier County on November 10th, 2009, You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten (10) days from the date of this notice, Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County, Florida. RESOLUTION NO. 2009- Agenda Item No. 16A 10 November 10, 2009 Page 4 of 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF HAZARDOUS BUILDING, IN ACCORDANCE WITH ORDINANCE No. 04-58, AS AMENDED WHEREAS, as provided in Ordinance No. 04-58, the direct costs of abatement of hazardous building, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a hazardous building after due and proper notice thereof to the owner( s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RUBEN ROMERO LEGAL DESCRIPTION: GOLDEN GATE UNIT 2 BLK 76 LOT 25, more specifically described in the deed recorded in Official Record Book 4110, Page 2261 of the Public Records of Collier County, Florida, a.k.a. 2183 41st ST SW Naples, FL 34116. COST: $7,678.16 REFERENCE: CEPM20080007069 FOLIO: 35780960008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. This Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2009. Legal Notice Assessment of Lien 10/14/2009 .u-~ ATTEST: D\VTGHT E. BROCK, Clerk B". 1 . DEPUTY CLERK Approved as to form and legal lclency:. Legal Notice Assessment of Lien _.' Agenda iterTi r\Jo, 16A:0 r\Jovember 10. 2009 Page 5 of 5 BOARD OF COUNTY COMMISSIONERS COLLIER COITl'JTY, FLORIDA BY; DONNA FIALA, CHAIRMAN 10/14/2009 - br ....-.