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Agenda 09/09-10/2008 Item #16A18 EXECUTIVE SUMMARY rA~-C' nt-._..n..l '8" N ~?ftjm;;-,}, o. SEf' 0 ,., ')'1";; v "".I, II Pg~ (C:> ;)-. Recommendation to accept a proposed settlement agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Joseph Hamilton, CEB No. 2004-76, relating to property located at 20610Tamiami Trail E., Collier County, Florida OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed settlement agreement with Joseph Hamilton, to release a $60,783.40 code enforcement lien in exchange for payment of $5,683.40, in the Code Enforcement Board action entitled Collier County v. Joseph Hamilton, CEB No. 2004-76. CONSIDERATIONS: On January 27, 2005, the Code Enforcement Board found Wind Dancer Airboat Tours and Joseph Hamilton (Respondent) in violation of the Collier County Land Development Code for erecting a pole sign without a permit.Respondent was ordered to obtain a permit, or demolish the sign, within 30 days or a fine of $50 per day would be imposed. Based on the above order, on May 3, 2005, the Code Enforcement Board imposed the lien that is the subject of the recommended release. The property was brought into compliance on June 13, 2008.When calculated at $50 per day, for the noncompliance period of 1,202 days, combined with $683.40 in costs, the accrued lien amount is $60,783.40. In negotiations, Respondent proposed to settle this matter for $5,000, plus costs, for a total sum of $5,683.40 (i.e., 9.4% of the accrued lien value).During those negotiations, then Code Enforcement Director (Michelle Arnold) agreed to forward a settlement recommendation to the Board of County Commissioners for this amount (pursuant to Resolution No. 2001-316). FISCAL IMPACT: The Respondent has paid the proposed settlement sum ($5,683.40) to show a good faith commitment to this agreement and this payment has been deposited into the Code Enforcement Board Fines; Revenue Account MSTD General Fund 111.lf this agreement is approved by the Board, any claim to the remaining sum of $55,100.00 will be released. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accepts the proposed settlement agreement and authorizes the Chairman to sign the attached Release and Satisfaction of Lien. I~ A This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30 I Naples, Florida 341 04 (239) 213-2939 No,GENDA IrE"': .. J SEf'. . '.Ii. 2n.'~'1 ,I Pg~,;z_,~T ~"'-"".~--.", 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 May 3, 2005, a certified copy of which was recorded on May 10,2005, in OR Book 3794, Pages 2389-90, 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 Wind Dancer Airboat Tours and Joseph Hamilton, has been discharged in full: Wind Dancer Airboat Tours and Joseph Hamilton 20610 Tamiami Trail East Naples, Florida Folio No.: Payment: Reference: 00776200008 $5,683.40 (by settlement) CEB Case No. 2004-076 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 Wind Dancer Airboat Tours and Joseph Hamilton, 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: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: /