Agenda 10/28/2008 Item #16A 2
Agenda Item No. 16A2
October 28,2008
Page 1 of 4
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EXECUTIVE SUMMARY
Recommendation to accept a settlement offer, providing for release of a code
enforcement lien and dismissal of a pending appeal, in relation to the code
enforcement case, Collier County v, Donald E, Gray, CEB No. 2004-005, on
property located at 267 3rd Street West Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (BCC) accept the proposed
settlement offer made by Donald E. Gray, providing for compromise and release of a
code enforcement lien, and dismissal of a pending appeal, relating to the Code
Enforcement Board action entitled Collier County v. Donald E. Gray, CEB No, 2004-
005.
CONSIDERATIONS: On March 25, 2004, the Code Enforcement Board (CEB) found
Mr. Gray in violation of the Collier County Land Development Code, and the Florida
Building Code, for an unpermitted wooden roof over his boat dock. The CEB ordered
the Respondent to remove the roof or complete the variance application process,
including obtaining any applicable County building permits, within 60 days (by May 27,
2004), or a fine of $75 per day would be imposed for each day the violation continued
past that date.
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Mr. Gray filed an appeal of the CEB's decision with the circuit court on May 24, 2004.
On June 24, 2004, the CEB entered a lien order. The circuit court denied Gray's appeal
on October 23, 2007 (over three years atter it was filed). Since that time, Mr. Gray has
filed an appeal to Florida's Second District Court of Appeal, which is ongoing.
Mr. Gray demolished the roof over the boat dock and the property came into compliance
with the CEB's order on March 26, 2008. During the nearly 4-year period of non-
compliance, fines continued to accrue at a rate of $75 per day. By the date of
compliance, the lien had grown to $106,142.56.
On May 27, 2008, a settlement offer of $1,367.56 was brought to the BCC on the
consent agenda. In approving the matter on the consent agenda, the BCC rejected the
settlement offer, and directed staff to continue negotiations.
FISCAL IMPACT: Mr. Gray has submitted a $6,000 good faith check to the Code
Enforcement Department, representing potential settlement in this matter. If the Board
accepts the proposed settlement offer of $6,000, the proceeds will be deposited into
"Code Enforcement Board Fines" revenue account within MSTD General Fund (111).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
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Agenda Item No. 16A2
October 28,2008
Page 2 of 4
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is
legally sufficient for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners accept the proposed
settlement offer from Mr. Gray.
PREPARED BY:
Diane Flagg
Director, Code Enforcement Department
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16A2
October 28, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to accept a settlement offer, providing for release of a code enforcement
lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier
County v. Donald E. Gray, CEB No. 2004-005, on property located at 267 3rd Street West
Collier County, Florida.
10/28/2008 9:0000 AM
Prepared By
Marlene Serrano
CDES
Investigative Supervisor
Date
Code Enforcement
10/2/20084:07:21 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
10/2/20086:56 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/3/20084:01 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/7/2008 1 :48 PM
Approved By
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
10/8/20087:33 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/16/20089:21 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/20/20088:17 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/20/200810:54 AM
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Agenda Item No. 16A2
October 28,2008
Page 4 of 4
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 June 29, 2004, a certified copy of which was recorded on July
1,2004, in O.R, Book 3598, Pages 0398, 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 Donald E. Gray, has been discharged in
full:
Donald E. Gray
267 3rd Street W.
Bonita Springs (Collier County), Florida
Folio No.:
Payment:
Reference:
56000880009
$6,000 (by negotiated settlement)
CEB Case No. 2004-005
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 Donald E. Gray, and consents to this lien being discharged of
record.
Dated this
day of
, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency:
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Jeff E. Wright
Assistant County Attorney