Commission approves reduced payment and release of code-enforcement lien for Mercantile Avenue property

The Collier County Board of County Commissioners voted May 13 to accept a reduced payment and to record a release of a code-enforcement lien against Oaks Farms Inc. for property at 4176 Mercantile Avenue.

Jamie Cook, director of Development Review, told commissioners the case was "very unique" and that staff supported allowing the property owner to pay double the site-development-plan amendment application fee as an after-the-fact remedy. Cook said the standard SDPA fee is $2,500 and the owner had already paid one fee; staff recommended allowing the owner to pay the remaining $2,500 rather than insisting on the full lien amount.

The board then moved to accept the staff recommendation. A motion to accept the additional $2,500 payment was made and seconded; the chair called the vote and the motion "passed unanimously." The County Attorney said staff would prepare a release of lien document to be recorded to clear title before the property's scheduled closing.

Commissioners who spoke said they had reviewed the case with staff and the owner’s representative and concluded the county should apply the normal permit-related fee under the circumstances. Commissioner McDaniel noted the case’s unique status and support for a fair outcome; Commissioner Kowal confirmed the county previously removed the conservation-easement requirement for industrial parcels developed after February 2011, which made this parcel an outlier.

Action taken was limited to accepting the reduced fee, authorizing staff to process a lien release and record the release; no additional penalties or policy changes were adopted at the May 13 meeting.