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Backup Documents 12/01/2009 Item #16A4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shtlUld be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor infomtation needed. If the document is already complete with the exccotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line#5), Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig CDES Administration q,y lif h )01 2, v 3, 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta;t is the holder of the original document pending Bee appmva1. Normally the primary cuntaet is the person who creatcd/preparcd the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staffFor additional or missing information. All original documents needing the Bec Chairman's signature arc to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Marlene Serrano Phone Number 252-2487 Contact Agenda Date Item was December 1,2009 Agenda Item Number 16M Aooroved bv the BCC Type of Document Release of Lien Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl. State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fon.varding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by tbe Bee on 12/01/09 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chall es, if a licable. Ves (Initial) N/A(Not A licable) 2. 3, 4. 5. 6. CJf IJ)Pr COf I: Forms! County Fonns! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 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 enlitled Board of County Commissioners vs. Occeus Saintilien, Malveilleas Estervene & Jean Thermidor. Case No, CEB 2006-22. 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. 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. 16A 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 OR 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 16~ 4 This Instrument Prepared By: Marlene Serrano Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 INSTR 4369433 OR 4515 PG 121 ~0~g~f~D8~~g~09 932 AM P~GES 1 COLLIER COUNTY Cl REC $10,00 ERK OF THE CIRCUIT COURT 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 / sf day of Il OA:.e.(Y) Q.e( , 2009. BOARD OWfOUNTY COMM,ISSIONERS COLLIER NTY. FLORID~ ; 1,/ / ~ !\fh->-nA. .,;;;') 4.,,~ By: , Donna Fiala, Chairman "