Agenda 05/13/2008 Item #16A13
Agenda Item No. 16A 13
May 13, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept a Proposed Settlement Agreement providing for
Compromise and Release of Lien in the Code Enforcement Action entitled Collier
County v. Ernestina 5aaca, CEB No. 2005-13, relating to property located at 2960
56th Avenue N.E. Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed
settlement agreement with Ernestina Saaca, to release a $28,609.50 code enforcement
lien in exchange for payment of $7,152.40 (25% of the lien value), in the Code
Enforcement Board action entitled Collier County v. Ernestina 5aaca, CEB No. 2005-
13.
CONSIDERATIONS: On March 30, 2005, the Code Enforcement Board (CEB) issued a
Compliance Order finding Respondent, Ernestina Saaca, in violation of portions of the
Collier County Land Development Code, the Collier County Housing Code and Building
Administrative Code due to unpermitted structures and setback violations. In the order
of the Code Enforcement Board, hereinafter "Compliance Order", the Code
Enforcement Board ordered the Respondent to obtain all Collier County building permits
or demolition permits, all required inspections, and a certificate of occupancy/completion
for the structure within 90 days (by June 27, 2005) or a fine of $50 per day will be
imposed if the violation continues past that date.
On January 31, 2006, the Code Enforcement Board imposed fines in the amount of
$10,909.58, which included $559.58 for operational cost and $10,350.00 in fines for
failure to timely obtain all permits, required inspections and certificate of occupancy/
completion for the structure (207 days late). Fines continued to accrue for an additional
354 days at a rate of $50 totaling additional fines in the amount of $17,700.00 for a total
lien amount of $28,609.50. The property came into compliance on January 10, 2007.
Ms. Saaca explained to County Staff that she had a difficult time finding a contractor to
complete the work required in a timely manner, The building code violations were
corrected through the demolition of one of the two guest houses that were constructed
without required permits. The second guesthouse went through the permitting process
and was converted from a guest house to a storage building with workshop. This permit
was delayed due to questions posed by the Health Department and a failed electrical
inspection. The final inspections and certificate of occupancy were issued by the
County on January 10, 2007. According to the property owner, she did what she could
to come into compliance with the Compliance Order.
FISCAL IMPACT: The Respondent has paid $7,152.40 (25% of the lien value) to show
good faith commitment to this agreement, which has been deposited into the "Code
Enforcement Board Fines" Revenue Account MSTD General Fund 111. If this
agreement is approved by the Board, the remaining fines in the amount of $21,457.10
will be forgiven.
Agenda Item No. 16A13
May 13, 2008
Page 2 of 4
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations. -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.
PREPARED BY:
Marlene Serrano,
Code Enforcement Operations Manager
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda Item No. 16A 13
May 13, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommendation to accept a Proposed Settlement Agreement providing for Compromise
and Release of Lien in the Code Enforcement Action entitled Collier County v. Ernestina
Sacca, CEB No, 2005,13, relating to property located at 2960 56th Avenue N,E, Collier
County, Florida.
5113/2008900:00 AM
Prepared By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
5111200810:23:27 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5111200811:52 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
511120087:21 PM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
5111200810:29 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
512120088:52 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/2120086:44 PM
file://C:\AgendaTest\Export\l 07 -May%20 13,%202008\16.%20CONSENT%20AGENDA \16... 5/7/2008
Agenda Item No. 16A 13
May 13, 2008
Page 4 of 4
This instrument prepared by:
Jeff E. Wright
Assistant County Allomey
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 Code Enforcement
Board Order dated January 31, 2006, a certified copy of which was recorded on
February 20,2006, in OR. Book 3985, Pages 0745-0746, 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 Ernestina Saaca
(identified as "Sacca" in the lien instrument), has been discharged in full:
Emestina Saaca (aka "Sacca")
2960 56th Ave. NE
Naples, FL
Folio No.:
Cost:
Reference:
38970440005
$7,152.40 (by settlement)
CEB Case No. 2005-13
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 Ernestina Saaca, 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:
.
Je E Wright
Ass nt County Attorney