Agenda 12/01/2009 Item #16A 4
Agenda Item No. 16A4
December 1, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept a Proposed Settlement providing for waiver of
fines and Release of Lien in the Code Enforcement Action entitled Board of
County Commissioners vs. Occeus Saintilien, Malveileas Estervene, and
Jean Thermidor, Code Enforcement Board Case No. 2006-22, relating to
property located at 513 Stokes Avenue, Immokalee, Florida. (Revenue
received $3,549.02)
OBJECTIVE: That the Board of County Commissioners (Board) accept a
proposed settlement offer from Occeus Saintilien, Malveilleas Estervene & Jean
Thermidor to waive and release a $46,799.98 code enforcement lien, in relation
to the Code Enforcement Board action entitled Board of County Commissioners
VS. Occeus Saintifien, Ma/veilleas Estervene & Jean Thermidor, Case No. CEB
2006-22.
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CONSIDERATIONS: On May 25, 2006, the Code Enforcement Board (CEB)
found Occeus Saintilien and Malveilleas Estervene in violation of the Collier
County Land Development Code for unlawfully operating a vehicle repair shop.
The CEB ordered the closing of the repair shop within 48 hours, obtain and affix
a current license plate to each vehicle and repair defects so vehicles are
operable or store the unlicensed and inoperable vehicles in a completely
enclosed structure or remove them from the property no later than June 1, 2006
or remove all litter to a site intended for final disposal or proper inside storage
before June 1, 2006, or incur a fine of $500 per day on each violation until the
property is brought into compliance.
Due to non-compliance and based on the above order, the Code Enforcement
Board entered an order dated October 26, 2006 imposing a lien. The Order
Imposing a Lien was recorded at O.R. Book 4132, Page 1014, et seq., of the
Official Public Records of Collier County. The property was purchased on March
24,2006, by Jean and Marie Thermidor (Thermidors) and the code violations and
liens continue to encumber the property. Compliance was obtained by the
Thermidors by closing the vehicle repair shop, removing the unlicensed and
inoperable vehicles from the property, and removing all unauthorized litter, on
July 21, 2006. When calculated at $500 per day per violation for the
noncompliance period of 50 days, the accrued lien amount is $50,349.
The Respondent entered into a payment plan with the County on November 2,
2006 and is requesting waiver of the remaining balance owed on the lien
($46,799.98), and a formal release of the lien.
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FISCAL IMPACT: The Respondents have paid monthly payments over the past
thirty six months totaling $3,549.02, which includes operational costs of $349. If
the settlement offer is approved by the Board, the remaining fines in the amount
of $46,799.98 will be waived.
Agenda Item No. 16A4
December 1, 2009
Page 2 of 4
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: 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 accept the
settlement offer and approve the waiver of fines and release of the lien recorded
at O.R. Book 4132, Page 1014, 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: Marlene Serrano, Operations Manager
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Agenda Item No. 16A4
December 1, 2009
Page 3 of 4
COLLIER COUNTY
-"-,
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A4
Recommendation to accept a Proposed Settlement providing for waiver of fines and Release
of lien in the Code Enforcement Action entitled Occeus SaintJlien, Malveilleas Estervene &
Jean Thermidor, Case No, 2006,22, relating to property located at 513 Stokes Avenue,
lmmokalee, Florida.
Meeting Date:
12/1/20099:0000 AM
Prepared By
Marlene Serrano Manager - Code Enforcement Operations Date
Community Development & Code Enforcement 11/12/20092:52:06 PM
Environmental Services
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 11/16/200912:30 PM
Approved By
Diane B. Flagg Director - Code Enforcement Date
,- Community Development &
Code Enforcement 11/16120096:55 PM
Environmental Services
Approved By
Joseph K. Schmitt Administrator ~ Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11/17/20095:06 PM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 11/18/20098:30 AM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11/18/20099:15 AM
Approved By
Jeff Klatzkow County Attorney Date
11/18/2009 10:03 AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
.".,. Office of Management &
Budget Office of Management & Budget 11/20/200911 :45 AM
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Agenda Item No. 16A4
December 1, 2009
Page 4 of 4
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:
Occeus Saintilien, Malveilleas Estervene & Jean Thermidor
The lien was recorded on 11/2/2006 in Official Records Book 4132, Page 1014, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Fifty Thousand Three Hundred Forty-Nine dollars, and imposes certain obligations
against real property situated in Collier County, Florida, which property is described as
follows:
Folio No. 00135560004
513 Stokes Ave., Immokalee, Florida
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges waiver of its interest in, and 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:
By:
Donna Fiala, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
...
Jeff
Assist
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County Attorney