Agenda 12/01/2009 Item #16A 5
Agenda Item No. 16A5
December 1, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Lien for
payment of operational costs only for the Code Enforcement Action
entitled Board of County Commissioners vs. Chris Posada, CEB Case No.
2004-016 relating to property located at 5238 Holland Street, Naples,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve a
Release and Satisfaction of Lien for payment of operational costs only, and
forgive the $270,300 balance on the Lien, in relation to the Code Enforcement
Board action entitled Board of County Commissioners vs. Chris Posada, CEB
Case No. 2004-016.
CONSIDERATIONS: On June 24, 2004, The Code Enforcement Board found
Chris Posada (Respondent) in violation of the Collier County Land Development
Code for creating an immediate safety and health hazard to occupants and
adjacent neighbors due to lack of property maintenance and litter.
..
Respondent was ordered to correct the violations by:
1. Removing all litter consisting of, but not limited to, auto parts in front and
back yard, household appliances in backyard and side of house and other
miscellaneous litter on or before August 4, 2004 or a fine of $50 per day
would be imposed until compliance has been confirmed.
2. Respondent was also ordered to use properly licensed contractors to
abate the violations and pull required permits on or before August 8, 2004
or a fine of $100 per day until compliance has been confirmed.
3. Following through with all required inspections to Certificate of Occupancy
within 45 days after obtaining permit or a fine of $50 per day would be
imposed until compliance has been confirmed.
Due to non-compliance and based on the above order, the Special Magistrate
entered an order dated August 30, 2004, imposing a lien ("Lien Order"). The
Lien Order was recorded at O.R. Book 3637, Page 3690, ef seq., of the Official
Public Records of Collier County. The property was brought into compliance by
Chris Posada by obtaining a Collier County demolition permit, final inspection
and certificate of completion for removal of the dwelling and all related debris on
July 16, 2009., and an affidavit of compliance was recorded in the public record
on August 11,2009 (at OR Book 4481, Page 594).
Total fines for the noncompliance period of 1,802 days on Order (1) at $50 per
day, the accrued lien amount is $90,100.
..
.
-,'"
Agenda Item No. 16A5
December 1, 2009
Page 2 of 5
Total fines for the noncompliance period of 1,802 days on Order (2) at $100 per
day, the accrued lien amount is $180,200.
The Respondent is requesting a Release of Lien for the $270,300 in assessed
fines; Operational Costs in the amount of $914.25 were paid on October 30,
2009.
FISCAL IMPACT: The Respondents have paid the Operational Costs of
$914.25 for consideration of this settlement offer. If approved by the Board, the
fines in the amount of $270,300 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.
Approval of this item will result in permanent relinquishment of any claim to.
$270,300 in accrued fines. -JW
RECOMMENDATION: That the Board of County Commissioners (Board) waive
the fines and release the lien recorded at O.R. Book 3637, Pages 3690-2, et
seq., of the Official Public Records of Collier County for payment received from
Chris Posada for $914.25 (representing operational costs), in relation to the
Code Enforcement Board action entitled Board of County Commissioners vs.
Chris Posada, CEB Case No. 2004-016. By approval of this item, authorize the
Chairman to sign the attached Release and Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Operations Manager
'"
Agenda Item No. 16A5
December 1, 2009
Page 3 of 5
,.-'
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A5
Meeting Date:
Recommendation to approve the Release and Satisfaction of Lien for payment of operational
costs only for the Code Enforcement Action entitled Board of County Commissioners vs,
Chris Posada, CEB Case No. 2004,016 relating to property located at 5238 Holland Street,
Naples, Florida.
12/1/2009 9:00:00 AM
Prepared By
Marlene Serrano Manager - Code Enforcement Operations Date
Community Development & Code Enforcement 11/12120092:38:48 PM
Environmental Services
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 11/12/20092:52 PM
Approved By
Diane B. Flagg Director. Code Enforcement Date
,<, Community Development &
Environmental Services Code Enforcement 11/17/20096:12 PM
Approved By
Joseph K. Schmitt Administrator ~ Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11/17/20099:15 PM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 11/18/2009 8:33 AM
Approved By
OMB Coordinator Date
County Attorney County Attorney 11/18/20099:19 AM
Approved By
Jeff Klatzkow County Attorney Date
11/1S/2009 9:5S AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
- Office of Management &
Budget Office of Management & Budget 11/19/20094:36 PM
'~..-,,-'.-
__0-"-'"
. '".
_,,,,d._.,___'_,,,,,
""'-'--"-',,-
.__._,___~._.u,._ ..'.
Agenda Item No. 16A5
December 1, 2009
Page 4 of 5
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated August 30, 2004, a certified copy of which was recorded
on September 8, 2004, in O.R. Book 3637, Pages 3690, et seq., of the Public
Records of Collier County, Florida, against the following described real property,
and all other real and personal property located in Collier County, owned by Chris
Posada, has been discharged in full:
Location:
Folio No.
Cost:
Reference:
5238 Holland Street, Naples, Collier County
62155680009
$914.25 (settled; all fines waived)
CEB Case No. 2004-016
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal property
owned by Chris Posada, and consents to this lien being discharged of record.
Dated this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
Jeff E. Wright
Assistant County Attorney
,....,--..,.,""..... ".-.'-.,'"'.",',"'''--
Agenda Item No. 16A5
December 1, 2009
Page 5 of 5
-~.,
Code Enforcement:
July 22, 2009
To: Jennifer Waldron.
We are requesting that all fine's owed on the property at ( 5238 Holland Street) be
pardoned, if possible.
Due to Cristobal Posada, my father having the onset of Alzheimer's decease. We were
unaware of his issues with Code Enforcement. We had a difficult time locating a licensed
contractor for the demolition of the property_ The contractor's we spoke with had left
town to find work. Some had dropped their license's for lack of work. We are pleased
that we could finally abate the code violation's.
""~='_^",",,""'-"" -~..._-,-'
-"",' ,....- .-.-. ',-
~incerely ; Bedrock Family Trust:
Betty 1. Bickford; POA
,._,
,--..,----._-,,,,,_._,,.
-~,,-,.,._---"_..-.,..,.,
-----. -