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Agenda 03/11/2008 Item #10G Agenda Item No, 10G March 11, 2008 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of Connty Commissioners (BCC) consider input provided by the Code Enforcement Board during their February 12, 2008 meeting, in response to the BCC's request for guidance concerning a fair settlement amount relating to the release of the code enforcement lien imposed against Robert Lockhart, in Case No. 2004-26, relating to property located 1361 Lake Shore Drive in Collier County, Florida and provide direction related to the collection of impact fees for the subject property OBJECTIVE: That the Board of County Commissioners consider an appropriate settlement agreement with Robert Lockhart which provides for a compromise and settlement of the code enforcement lien amounts, in the Code Enforcement Board action entitled Collier County v. Robert Lockhart, CEB Case No. 2004-26, and provide direction relatcd to the collection of impact fees for the subject property, CONSIDERATIONS: The original case was heard by the Code Enforcement Board (CEB) on June 29, 2004 with a finding of violation for the construction of multiple additions to his residence without fIrst obtaining the necessary permits, An outline of the actions taken towards compliance is provided in the attached executive summary (Exhibit I) that was presented to the Board of County Commissioners at the December 11, 2007 meeting, The BCC did not accept the settlement proposed in the attached executive summary, During Commissioners' comments at the February 12, 2008 mecting, tile Board directed staff to request a recommendation from the CEB on a just settlement for this case, The item was considered by the CEB at their February 28, 2008 meeting and after much deliberation, no fmal recommendation was reached, A motion to recommend a reduction to 25% of the outstanding fmes failed 3 - 3, The Board members were polled and the three dissenting votes recommended thc following reductions: two members recommended a 50% reduction, and the otller recommended that tile fine stay as is, with no reduction at all, Additionally, impact fees are owed on the subject property in the amount of $3,970.54 for the increase in square footage to the home, Impact fees were paid on Building Permit #2007100081 for a family room addition, however the calculation was bascd on 1,990 square feet of living area and the original building permit for the home (#72-1840) reflected 1,482 square feet. There is no record ofa building permit or payment of impact fees for the 508 square foot difference in living area, Therefore the calculation of impact fees for the 2007 permit should have been based on the original 1,482 square feet, for a total of $3,970.54. A Notice of Impact Fee Statement (attached) was sent to Mr, Lockhart on Janumy 16,2008. On February 25, 2008 staff received correspondence from Mr. Lockhart (attached) asserting that the square footage reflected on the 1972 permit was incorrect based on a review of the field notes from the original construction survey and that the actual living square footage totaled 1,505 square feet. If the impact fees were calculated using tile information provided by Mr. Lockhart, no additional impact fces would be due, above those already paid for Building Permit #20071 00081, Staff is seeking direction from the Board related to the acceptance of the infomlation provided by Mr. Lockhart related to the living square footage of the home and therefore the amount of impact fees due for the subject property. GROWTH MANAGEMENT IMP ACT: Impact fees provide financial resources for the construction and/or expansion of the County's capital infrastructure, as necessary to accommodate growth. Development is required to contribute its fair share of the cost of providing public facilities necessitated by growth. Agenda Item No, 10G March 11, 2008 Page 2 of 10 FISCAL IMPACT: The Respondent has paid $1,209,75 for the operational cost incurred for the prosecution of the case but no portion of the outstanding $59,150 in fines has been paid. A 25% reduction would equate to $14,787.50 which would be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund III with $44,362.50 of the fines forgiven, A 50% reduction would equate to $29,575.00 deposited in the "Code Enforcement Board Fines" Revenue Account MSTD General Fund II 1 and another $29,575.00 forgiven, The following is a breakdown of the impact fees due for the subject property, based on the increase in living square footage for a home less than 1,500 square feet to a home b'Teater than 1,500 square feet: Impact Fee Assessment for Home Assessment for Home Impact Fees Due 1,500-2,499 square feet < 1,500 square feet (Credit) Road $8,884.00 $6,359.00 $2,525,00 School $9,206,00 $8,228.00 $978,00 EMS $112,04 $ 1 00.59 $11.45 Government Buildings $807,00 $725,00 $82,00 Law Enforcement $317,55 $285.48 $32,07 Cornmunity Parks $ 1 ,027.00 $935,00 $92,00 Regional Parks $2,272,00 $2,068.00 $204,00 Library $506.25 $460,23 $46.02 Total $23,131.84 $l9,l61.30 $3,970,54 Upon payment, the subject impact fees will be deposited into the respective Impact Fee Trust Funds for future expenditure on gro\Vth related capital improvements, LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Conunissioners determincs an appropriate settlement agreement and authorize the Chairman to sign the attached Release and Satisfaction of Lien after payment made by Mr. Lockhart within 30 days of BCC approval and provide direction related to the collection of impact fees for the subject property, PREPARED BY: Michelle Edwards Arnold Code Enforcement Director 2 Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No. 10G March 11, 2008 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation that the Board of County Commissioners (BCC) consider input provided by the' Code Enforcement Board during their February 12. 2008 meeting, in response to the BCC's request for guidance concerning a faIr settlement amount relating to the release of the code enforcement lien imposed against Robert Lockhart, in Case No. 2004M26, relating to property located 1361 Lake Shore Drive in Collier County, Florida, (Michelle Arnold, Director, Code Enforcement. COES) 3/11/20089:00:00 AM Prepared By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 2/28/20084:04:12 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 2/29/200812:08 PM Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 2/29/200812:09 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 2129/20081:41 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 3/3/20082:02 PM Approved By OMS Coordinator Administrative Services Applications Analyst Date Approved By Information Technology 3/3120082:39 PM Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/4/20088:14 AM Approved By James V. Mudd County Manager Date file://C:\AgendaTest\Export\ I 02-March%20 11,%202008\ 10, %20COUNTY%20MANAGER... 3/5/2008 Page 2 of2 Agenda Item No, 10G March 11, 2008 Page 4 of 10 Board of County Commissioners County Manager's Office 3/4/2008 4:33 PM file://C:\AgendaT est\Export\ I 02-March%20 11,%202008\ 10. %20COUNTY%20MANAGER... 3/5/2008 Agenda Item No, 10G March 11, 2008 Page 5 of 10 Exhibit I EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accepts payment in the amount of $2,907.50 in exchange for a Release and Satisfaction of Lien in the Code Enforcement action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004-026. OBJECTIVE: That the Board of County Commissioners (BCC) accepts payment in the amount of $2,907.50 as a compromise and a full settlement and release of the Code Enforcement lien accrued in the Code Enforcement action entitled Collier County v, Robert T. Lockhart, Case No. CEB 2004-026. CONSIDERATIONS: On June 29, 2004, the Code Enforcement Board (CEB) issued its Findings of Fact, Conclusions of Law and Order of the Board finding Respondent, Robert T, Lockhart, to have violated portions of Collier County Ordinance 91-102 by constructing multiple additions to his residence at 1361 Lake Shore Drive without first obtaining the necessary permits, This finding was based on a stipulation in which Mr. Lockhart admitted the violations and agreed to obtain appropriate permits and certificates of occupancy for the unpermitted structures within 45 days or pay $50 per day for each day the violation continued after that period, On August 30, 2004, following the Code Enforcement Department's submittal of an Affidavit of Non-Compliance, the CEB issued its Order Imposing Fines/Costs/Lien, hereinafter "Order," imposing a fine of $50,00 per day, commencing August 10,2004, plus $1,209.75 in operational costs, The CEB further ordered that the fines and operational costs continue to accrue until the Respondent brought the property into compliance, This fall, the Respondent engaged in communications with the County Attorney Office, Code Enforcement Department and the Building Department and the Respondent eventually obtained the required permit and Certificate of Occupancy, and paid the operational costs of $1,209,75, The property was brought into compliance as of November 6, 2007; however, the lien remained outstanding. Based on the accrued code enforcement fines of $50 per day from August lO, 2004 through November 5, 2007 (1183 days), the current lien amount is $59,150,00, The Respondent appeared before the BCC on November 27, 2007, under Agenda Item 6E, and conveyed an offer to settle the outstanding lien for $10 plus 59 hours of service to the County as a professional engineer. Although the BCC considered the proposal, they ultimately directed the County Attorney Office to work with the Respondent on a negotiated settlement. Some Commissioners indicated a willingness to consider a reasonable settlement offer in the range of 5% to 25% (opinions varied within this range) of the lien value. Following the meeting, Mr. Lockhart offered to pay $2,907.50 in exchange for a Release and Satisfaction of Lien, which is equivalent to 5% of the lien value, Mr. Lockhart delivered a cashier's check to the County Attorneys Office in this sum, which is being held by the undersigned in escrow pending the BCC's decision on whether to accept the offer, It should be noted that Mr. Lockhart's violations were not public safety or health related, and if Mr, Lockhart's 5% settlement offer is accepted for payment, Mr, Lockhart would have paid a total of $4,172.25 for this code transgression, It should also be noted, however, that Mr. I Agenda Item No, 10G March 11, 2008 Page 6 of 10 Lockhart, as a professional engineer and former member of the Collier County Code Enforcement Board, should have been fully aware of the repercussions of his delay in curing the vio lations, This item has been brought forward by the County Attorney Office for consideration by the BCC; such item is within the parameters of the BCC's direction, GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The County would realize the sum of $2,907.50 for release of this lien. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and there are no outstanding legal considerations RECOMMENDATION: That the Board of County Commissioners accepts payment in the amount of $2,907.50 in exchange for the release and satisfaction of the lien recorded at O.R. Book 3637, Pages 3682-3689, of the Official Public Records ofCollief County, in felation to the Code Enforcement action entitled Collier County v, Robert T. Lockhart, Case No. CEB 2004- 026. PREPARED BY: .Jeffrey A, Klatzkow, Chief Assistant County Attorney ;A4 ~'" da Item NO.1 OG March 11. 2008 Page 7 of 10 '-'>' ~.. Mlu.olll8 P$lftMt1," I" ., , ' - ~t:;t'. I:Of,MIIY. t'f.Olt%l:I4 .' ':'. .,' ,,".-, , . :. . . - c. - ~ e;~;~'&Jir~Liff~~~'\,';",: .' .~'" "r.' "':('jilt1#j~:;I~' .eiil ':;~i~~!~ l' ; :~f~~;~tl~;~;,i:;: ,:2i, , , . ;~~~i:~I- ~:,,~ ~:~ '}~~n~~~5-;F;-;::: - :>:rc.-.I~ ~IDk. ., , . ~";;.4:'" "'..., . , ,,- '~I~~;t.W1J1.i~t~~~~.llif.1~~o.el Cia,'; 41~... ~ ~~~~I':::, ' . )", ~,\~:)~,,':~~~j:',:h-;'::;".~.~.7~,~~;if':-:"-; .~. ';~~'&h.t< ' ,.' ~,~F: ~:-'.~o~: ,'~f':'$t~r~.~':.:'" t- , J ':, :~~;~~~;;~~~'.;i4"~""i!lc~~.n. thau b,).oePI~lIi',bo b~J1mJ;iidi.i ' ,:";". ~";': l,!?r~b'~;i\.;':?i::;'" :,:, "~:'." "';~:,';.i:~',} ";~':;i~4~~~~-'~~l;ll..i4' ~.1io;';"e "'lIl'l.be sc" -'" ", ~~~:'~;~~i~~~!i:~I'~~:4'~~O'ltne .' _'''ie'''''; "., ," :""" 'J.i~~4iiiiit~q~-llIl"- "'p .,~, - . - ;:,~'~.foj;i!Ill"l'i""~'I\Il. ~f~ ~ '.,' r".. J.i";;~-:);~~'{.'.~ tl.~{t,,~ ~;'j':-<~:'; ',;:~:/-,~'t' ~%.~ t~ ~',~i...~:; i~:f~: reo. /1oOI JW)..:ft ,,~ c...<<tWtar......,bn. ",,' '::':'~~i~~ " ~'~.J . .~.c, ,":"..'" ~.-':-,.".;" .,H' '.:'~:r .. j' ;;:'<; ':'-" ':"'." l"'l~ '.$'1' Sq, Sq, Sq.. 'Sq, Sq. 'Feet- Fbfl:t F.Q~~ F'litet- 1I"..et' Fee,t: ",:,<. ~':::~, .;:'~{' 9 _...;% ~~..':;"; ;~\~fl~~j....'b"U 'XAmlued ."d \0 h...by oubjee' '0 'h. plLy",.'" "r b\\i'i;~ JiYi ~ l\l:,. ..... provided 'by *he C01Uel' County Building Code. .itt"..~..., '-';i'; " ,'" . ;.' 'H~i"'" """'''Mea'' ~ ,',f:V!f'~~"~~~ ". . c.~lW;8t,tlt"'~""" ~~~. '=-~'.' lloP1I01!aIIlIN<. lllUnibln;~~..............abJtl>l\Olo .' 'FlnIihFl!lor:lb4 . '~ . >" '........', =C;w.:,< "',.' . ".. ,~_: ,:;~,y.~~::" "'~l~i; -.", Building Offic::ia.l ~'-' ,", .:. .', .. .,~,:jI,;otk'~:J1.0i~~.'.Wi~ '6 ,month. from o..t. ~ed" Permit void it zoning ~ ~..._i-m1dt"'mlt''<CIhUlg:.:~tQ anY.o'tt1ir'UfI'~amZh.li 'DIJW'-permit from -the Z:omng "'01 itOQ~led.1f w:ork'lI ~t,a. wi,thout:a p&rmit. f .~.) /. r, ',i' . , Agenda Item No. 10G March 11, 2008 Page 8 of 10 COLLIER COUNTY BUSINESS MANAGEMENT AND BUDGET OFFICE IMPACT FEE SECTION 2800 N. Horseshoe Drive. Naples, Florida 34104 . (239) 403,2369 . Fax (239) 403,2405 NOTICE OF IMPACT FEE STATEMENT CERTIFIED MAIL #7007 2560 00011485 3182 RETURN RECEIPT REQUESTED January 16,2008 Mr. Robert K. Lockhart 13 61 Lake Shore Drive Naples, FL 34103-8939 Dear M.r. Lockhart Impact fees were assessed and paid October 17, 2007 on building pennit #2007100081 for a family room addition at 1361 Lake Shore Drive, The calculation was based on 1,990 square footage of existing legally pennitted living area; however, the original building pennit for the home, pennit #72-1840, was issued for only 1,482 square feet. We have no record of impact fees being paid or a building pennit being issued for 508 square feet difference in living area. The calculation, therefore, should have been based on 1,482 square feet, and the amount due for a home changing from less than 1500 square feet to 1500-2499 square feet living area is as follows: . Impact Fees Impact Fees IMPACT FEE 1,500-2,499 <1,500 Impact Fees Sa. Ft. Home Sa. Ft. Home Due ROAD $8,884.00 $6,359.00 $2,525,00 SCHOOL $9,206.00 $8,228.00 $978.00 EMS $112.04 $100,59 $11.45 GOVERNMENT BUILOINGS $807.001 $725, DO $82, DO LAW ENFORCEMENT $31755 $285.48 $32,07 COMMUNITY PARKS $1,027.00 $935,00 $92,00 REGIONAL PARKS $2,272.00 $2,068,00 $204,00 LIBRARIES $506.25 $460,23 $46.02 TOTAL $23,131.84 $19,161,30 $3,970.54 The total impact fees due at this time are $3,970.54. We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County, Payment should be made to Board of ~~. ~_~"_'''"' ,O'~-.,_.J.!.~~-=- ... T c:; 0 ~~ u n t y Agenda Item No, 10G March 11, 2008 Page 9 of 10 County Commissioners and mailed or delivered to: Community Development and Environmental Services Division Attn: Impact Fee Administration 2800 North Horseshoe Drive Naples, Florida 34104 Please contact me at 252-2924 should you have any questions, ~';Z~ Paula Fleishman Impact Fee Coordinator LocKHART ENGINEER lNG, INC. Agenda Item No. March 11, 2008 ROBERTR.~P.E. Pralclc:n, ~:~.'';''''-~'"ll"rl.'!ot' .;I/>!i"'""",~ ",..~\~',,",j''''''~'''~ '= _ft~~'''''''*'~;__'''M",DP.tai_.:'' CIVIL I1Iil SITE PLANNING III ZONING February 25; 2008 Collier County Government Building Review and Permitting Department Impact Fee Section 2800 Horseshoe Drive Naples, Fl. 34104 Subject: Permit # RES2007-100081 Owner: LOCKHART RESIDENCE ADDITIONS 1361 Lake Shore Drive Contractor: OWNER/BUILDER In response to your letter of January 16, 2008 regarding the abo~e refere~ced Permit, please be advised of the following to help aSslst YO'l' ----~-'~ ---,------.'-~--~----'-- 1. based on the actual field notes from the firm that performed the original construction survey back when the house was built in 1973, the area of the original house was a total of 2,019 square feet including the garage; the garage measures 514 square feet and the net area under air originally was therefore 1,505 square feet. 2. based on the current survey dated 2001 which now reflects a total building envelope area of 2,539 square feet and deducting the same 514 sguare feet for the garage, the resulting additional area of : build~ng construction is 520 square feet. 3. based on the factual data from surveys, there is no change in impact fee categories as the original building was always greater than 1,500 square feet. Upon receipt and review, please call at 239-262-5986 should there be further questions or comments. Sincerely, Lockhart Engineering Inc., eck~. Robert K.. Lockhart, P.E, / Fla. P.E. #34300 1361 Lakeshore Drive · Naples, Florida 34103 Phone{Fax: (239) 262-5986