Agenda 05/27/2008 Item #16A13
Agenda Item No. 16A 13
May 27,2008
Page 1 of 3
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EXECUTIVE SUMMARY
Recommendation to reject a Proposed Settlement Agreement providing for
Compromise and Release of Lien in the Code Enforcement Action entitled Collier
County v. Donald E. Gray, CEB No. 20CJ4.005, relating to property located at 267
3rd Street West Collier County. Florida
OBJECTIVE: That the Board of County Commissioners (BCC) reject the proposed
settlement agreement with Robert E. Gray, which provides for compromise of the code
enforcement lien amounts, in the Code Enforcement Board action entitled Collier
County v. Donald E. Gray, CEB No. 2004-005.
CONSIDERATIONS: .JmNllilrch 25, 2004, the Code Enforcement Board (CEB) issued a
Compliance Order fil'ldin{FRespondent, Donald E. Gray, in violation of portions of
Ordinance 91-102, the Collier County Land Development Code, as amended, and the
Florida Building Code -fof tneexistence of a wooden roof structure creating a boat house
without first obtaining authorization through a Collier County Building permit and all
applicable inspections through certificate of completion. In the order of the Code
Enforcement Board, hereinafter .Compliance Order", the Code Enforcement Board
ordered the Respondent to remove the roof structure or complete the variance
application process, including obtaining any applicable Collier County Building Permits
within 60 days (by May 27, 2004) or a fine of $75 per day will be imposed each day the
~. violation continues past that date.
On June 24th, 2004, the Code Enforcement Board imposed fines in the amount of
$3,315.35 which included $1,290.35 for operational cost, plus $2,025 in fines for failure
to timely remove the roof structure or obtain all required permits, inspections and
certificate of completion (27 days late). Fines continued to accrue for an additional
1,370 days (almost 4 years) at a rate of $75 totaling additional fines in the amount of
$102,750 plus additional operational cost in the amount of $77.21 for a total lien amount
of $106,142.56. The property came into compliance with the Compliance Order on
March 26, 2008.
Mr. Gray filed an appeal to the Code Enforcement Board's decision with Circuit Court on
May 24, 2004. On October 23, 2007, the court denied the appeal. Since that time, Mr.
Gray has filed an appeal to the Second District Court of Appeal, where an initial brief is
due on or about June 9, 2008.
Based on the decisions rendered thus far with the courts, the Compliance Order is still
in effect and the fines that accrued due to non-compliance are still outstanding. Both
Code Enforcement Staff and the County Attorney's office met with Mr. Gray and his
legal counsel on a number of occasions in an effort to first obtain compliance and later
to negotiate a settlement for BCC consideration. At this point compliance has been met
but the parties have not been able to agree upon a fair settlement for the Board of
County Commissioners' consideration. Staff suggested a reduction in fines to between
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Agenda Item No. 16A 13
May 27, 2008
Page 2 of 3
10% and 15% of the lien ($10,614.25 to $15,921.38) to which they received the
following response from Mr. Gray's attorney.
"The property in question has never been a residence, no boat was ever
stored there, no public safety issues all the while Mr. Gray was PAYING
TAXES on what the county deemed to be an illegal structure. To suggest
Mr. Gray pay a "range" from $10,000-$15,000 is not only oppressive but
also poses a severe financial hardship on Mr. Gray:
The maximum amount that is being offered for settlement by Mr. Gray and his legal
counsel is $3,000 or the cost to the County which is $1,367.56 to resolve the matter
once and for all. The offer includes an agreement to dismiss the pending litigation.
FISCAL IMPACT: The Respondent has made no payment to the County to date. If the
BCC accepts the proposed offer of $1,367.56 or a maximum of $3,000 (approximately
1.3% or 3.3 % of the lien amount) the amount paid will reflect as an increase in "Code
Enforcement Board Fines" Revenue Account MSTD General Fund 111 with $104,775
being forgiven.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
r-
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations. -JW
RECOMMENDATION: That the Board of County Commissioners reject the proposed
settlement offered by the Respondent and in doing so support the staff recommendation
to proceed with the settlement range of 10% to 15% ($10,614.25 to $15,921.38) of the
lien as proffered by the staff.
PREPARED BY: Michelle Edwards Arnold
Code Enforcement Operations Director
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Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Item No. 16A 13
May 27, 2008
Page 3 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommendation to reject a Proposed Settlement Agreement providing for Compromise and
Release of Lien in the Code Enforcement Action entitled Collier County v, Donald E. Gray,
CEB No 2004-005, relating to property located at 267 3rd Street Wes1 Collier County.
Florida
5/27/200890000 AM
Prepared By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
5/19/2008 3:11 :47 PM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
5/19/2008 3: 15 PM
Approved By
:---\
, ,
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
5/19/20084:27 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/20/2008 9:27 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5/20/20081:12 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
S/20/200S 1 :48 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/20/20085:41 PM
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file://C:\AgendaTest\Export\ 1 08-May%2027,%202008\16.%20CONSENT%20AGENDA \1... 5/21/2008