Agenda 04/08/2008 Item #16A 6
Agenda Item No. 16A6
April 8, 2008
Page 1 of4
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. Stpetim Ramku, Case
No. 2005120195.
ORJECTIVE: That the Board of County Commissioners (Board), accept the attached Release and
Satisfaction of Lien as the proposed settlement agreement with Stpetim Ramku, which provides for
compromise of the code enforcement lien amounts, in the Special Magistrate action entitled Collier
County v. Stpetim Ramku, Case No. 2005120195.
CONSIDERATIONS: On May 19,2006, the Special Magistrate issued a Compliance Order finding
Respondent, Stpetim Ramku, in violation of portions of Collier County Ordinance No. 2004-41 by
erecting a screen enclosure without first obtaining required building pennit and following through
with the pennit process through certificate of completion In the Order of the Special Magistrate,
hereinafter "Compliance Order," the Special Magistrate ordered the Respondent to obtain an after the
fact permit by June 8, 2006 or a fine of $50 per day would be imposed until the permit was issued.
The Special Magistrate also ordered that a certificate of completion (CO) be obtained by July 21,2006
or a fine of $200 per day would be imposed until CO was issued.
On January 5, 2007, the Special Magistrate imposed froes in the amount of $15,728.80 which
included $178.80 for operational cost, $4,550 in froes for failure to timely obtain an after the fact
pennit (91 days late) and $11,000 in froes for failure to timely obtain a certificate of completion (55
days late). Compliance with the order came in the fonn of demolition of the unpermitted structure
after several failed attempts by the property owner to find a reputable contractor to complete the
permit process.
Mr. Ranum is a resident of New York and advised Code Enforcement that he was not present in
Collier County at the time of construction of the screen enclosure or at the time the initial Notice of
Violation was issued. The subject property is a rental property and contact with the property owner
was limited. Mr. Ramku made contact with the initial investigator assigned to the case and hired a
contractor to remove the structure and/or obtain the required after the fact pennit. The contractor, Tim
Boyatt, represented to Mr. Ramku that he could address the construction issues as well as assist the
property owner in addressing the concerns of the Code Enforcement Department. Despite being paid
by Mr. Ramku for the services, Mr. Boyatt failed to complete any of the work to which he agreed.
Through this process the investigator assigned to the case transferred to another department and the
case was somewhat in limbo. The case was reassigned to another investigator and Mr. Ramku was
infonned that compliance had not yet been obtained and fines were accruing. The property owner
hired another contractor who eventually brought the property into compliance. However, the issues
with the previous contractor and the management of the case resulted in untimely compliance and
fines accruing.
The property is now in compliance and the owner would like to request a reduction in fines with
consideration given to the expenses incurred by the property owner in the amOlll1t of $2,800 to abate
the violation in addition to the $1,500 paid for the settlement commitment.
Agenda Item No. 16A6
April 8, 2008
Page 2 of 4
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMPACT: The Respondent has paid $1,500 to show good faith commitment to this
agreement, which has been deposited into the "Special Magistrate Fines" Revenue Account MSTD
General Fund 111. If this Agreement is approved by the Board, the remaining filles in the amount of
$14,228.80 will be forgiven.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no
outstanding legal considerations.
RECOMMENDATION: That the Board of County Commissioners accept the attached Release
and Satisfaction of Lien as the proposed settlement a!,'l'eement and authorize the Chairman to sign the
attached Release and Satisfaction of Lien.
PREPARED BY: Michelle Edwards Arnold
Code Enforcement Director
2
Item Number:
Item Summary:
Meeting Date:
Page ] of]
Agenda Item No. 16A6
April 8, 2008
Page 3 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16A6
Recommendation to accept a Proposed Settlement Agreement providing for Compromise
and Release of Lien in the Code Enforcement Action entitled Collier County v. Stpetim
Ramku, Case No. 2005120195
4/8/2008 9:00:00 AM
Prepared By
Bendisa Marku
Community Development &
Environmental Services
Operations Coordinator
Date
Code Enforcement
3/20/2008 4:45:24 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/24/2008 11 :08 AM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
3/24/200812:27 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/24/2008 5:39 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/26/2008 5:56 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/27/200810:52 AM
fiIe://C:\AgendaTest\Export\ 1 04-April%208, %202008\ 16. %20CONSENT%20AGENDA \] 6... 4/2/2008
Agenda Item No. 16A6
April 8, 2008
Page 4 of 4
, This instrument prepared by:
I Jeff E. Wright
I Assistant County Attorney
12800 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 Special
Master dated January 5. 2007, a certified copy of which was recorded on January
i 17, 2007, in O.R. Book 4170, Pages 0348-0349, 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 Stpetim Ramku, has been
Idischarged in full:
I
Stpetim Ramku
1008 Hampton Circle
Naples, Florida
Folio No.:
Cost:
Reference:
75020002204
$1,500.00
OSM Case No. 2005-120195
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 Stpetim Ramku, and consents to this
lien being discharged of record.
day of
,2008.
Dated this
IATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I
,By:
By:
, Deputy Clerk
, CHAIRMAN
pproved as to form and
egal sufficiency: