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Agenda 12/01/2009 Item #16A 2 Agenda Item No. 16A2 December 1, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to waive fines and Release the Lien in the Code Enforcement Action entitled Felipe and Isabel Ramirez, Case No. CENA- 2008-0008113 relating to property located at 3503 WestcJox Street, Immokalee, Florida. OBJECTIVE: That the Board of County Commissioners (Board) waive fines and release a $9,000 code enforcement special magistrate lien, in relation to the Code Enforcement Special Magistrate action entitled Collier County vs. Felipe and Isabel Ramirez, Case No. CENA-2008-0008113. CONSIDERATIONS: On September 5, 2008, The Special Magistrate found Felipe and Isabel Ramirez (Respondent) in violation of the Collier County Code of Laws and Ordinances for accumulation of litter on residentially zoned property. The Special Magistrate ordered Respondent to remove all unauthorized litter located on the property to an appropriate waste disposal facility and to remove any and all abandoned/derelict property from the location in question to a site intended for final disposal, or by storing desired items within a completely enclosed structure on or before September 12, 2008, or a fine of $100 per day will be assessed for each day the violation continued unabated. .~~'. Due to non-compliance and based on the above order, the Special Magistrate entered an order (dated August 21,2009) imposing a lien. The Order Imposing a Lien was recorded at O.R. Book 4489, Page 2444-47, of the Official Public Records of Collier County. The property was brought into compliance by Felipe and Isabel Ramirez by removing all unauthorized litter on December 11, 2008. When calculated at $100 per day for the noncompliance period of 90 days, the accrued lien amount is $9,000. The Respondent is requesting a Release of Lien for the $9,000 in assessed fines; Operational Costs in the amount of $117.60 were paid on August 19, 2009. FISCAL IMPACT: The Respondents have paid the Operational Costs of $117.60. If the Board approves, the fines in the amount of $9,000 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. This item is legally sufficient for Board action. Upon approval of this item, the County's interest will be permanently relinquished. -JW -.. RECOMMENDATION: That the Board of County Commissioners waive the fines and release of the lien recorded at OR Book 4489, Page 2444-47, et seq., of '~->~~'"-- ,~.< '-', _, . ." .~"~'~~..n.,,_' ',' , Agenda Item No. 16A2 December 1, 2009 Page 2 of4 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: Marlene Serrano, Operations Manager Code Enforcement Department Agenda Item No. 16A2 December 1, 2009 Page 3 of4 .'-- This Instrument Prepared By: Marlene Serrano 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: Felipe and Isabel Ramirez, Owner The lien was recorded on 9/9/2009 in Official Records Book 4489, Pages 2444-2447, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Nine Thousand dollars zero cents, plus costs, accrued interest, and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 3503 Westclox Street, Immokalee, Naples, FL 34142 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 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and legal sufficiency . Jeff Wri ht Assi t County Altorney ,- ,.---...-.-..... . -"--."--",,,,-~.'''_'' -----......~._-_. ~.- Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 December 1, 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to waive fines and Release of Lien in the Code Enforcement Action entitled Felipe and Isabel Ramirez, Case No CENA,2008-0008113 relating to property located at 3503 Westclox Street, Immokalee, Florida. 12/1/2009 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager. Code Enforcement Operations Date Code Enforcement 11/9/200910:38:51 AM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 11/9/20091:02 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 11/10/20093:30 PM Approved By Jeff Klatzkow County Attorney Date Approved By 11/17/20092:49 PM Joseph K. Schmitt Community Development & Environmental Services Administrator - Community Development Date Community Development & Environmental Services 11/17/20095:04 PM Approved By Diane B. Flagg Community Development & Environmental Services Director ~ Code Enforcement Date Code Enforcement 11/17/20095:18 PM Approved By OMS Coordinator County Attorney Date County Attorney 11/18120099:14 AM Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 11/19/20092:58 PM