Backup Documents 12/01/2009 Item #16A5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A
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 should be hand delivered to the Board Of11ce. 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 #1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the
5
exceotion of the Chairman's signature, draw a line through routing lines # 1 through #4, comnlete the checklist, and forward to Sue Filson line#S)
Route to Addressee(s) Office Initials Date
(List in routing order'
1. Judy Puig CDES Administration W /J../' /Oq
2.
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 approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofd1C addressees above, including Sue Filson, need to cmlact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BeC 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 16A5
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 signed/initialed 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
Chairman 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 Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmaI ne otiated contract date whichever is a licable,
"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 forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines'
The document was approved hy the BCC on 12/01109 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Ves
(Initial)
N/A (Not
A Iicable)
2.
3,
4,
5.
6.
(iff
N',fl
1: Formsl County Forms! Bee Forms! Original DoclIl11ents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 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, et 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,
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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 amounl 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 of 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
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This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
INSTR 4369434 OR 4515 PG 1220
~~~GOHRTDEED, 12/4/2009932 AM PAGES 1
BROCK
COLLIER COUNTY CLE
REC $10 00 RK OF THE CIRCUIT COURT
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 OR 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 I S+ day of J)P (Qml:ur
,2009,
By:
Attest at to C1t<<hM ,D P ty C
st,..tn .ute '
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER C'l'fNTY, FLORI~A
By: I#~- ,d4:4
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E, BROCK, Clerk
~
Je E. right
nt County Attorney