Agenda 01/12/2016 Item #16A10 1/12/2016 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$252,750 for payment of $500, in the code enforcement action entitled Board of County
Commissioners v. Ronnie G. and Beverly Bishop, Code Enforcement Board Case No.
CESD20110017156, relating to property located at 1329 Saint Clair Shores Road, Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$252,750, for payment of$500, in relation to the
Code Enforcement Board Case No. CESD20110017156.
CONSIDERATIONS: As a result of a code violation at 1329 Saint Clair Shores Road,
consisting of the conversion of a garage into a guest house without first obtaining the required
permits, the Code Enforcement Board ordered the imposition of a lien against Ronnie G. and
Beverly Bishop, in Case No. CESD20110017156. The lien was recorded in the Official Records
on February 6, 2013, at O.R. Book 4883, Page 2975, and it encumbers all real and personal
property owned by Ronnie G. and Beverly Bishop. The lien amount of $252,750 is based on
1,011 days of accrued fines ($250 per day from November 27, 2012 through September 3, 2015),
operational costs were previously paid. The property was brought into compliance on September
3, 2015.
The property was acquired by Raymond W. Staton, via a warranty deed which was recorded on
April 27, 2015. The new owner purchased the property with the knowledge that there was a lien
and a pending violation. Mr. Staton immediately hired a contractor, engineer, draftsman and a
state certified septic contractor to remedy the violation, as evidenced by the attached letter. The
new owner accrued an additional ninety-nine (99) days in fines preparing the proper permit
applications and securing permits.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a
code enforcement lien encumbers property that is under new ownership and compliance has been
achieved. The property is being actively maintained and the owner has paid $500 in settlement.
The new owner is requesting a waiver of$252,250 in accrued fines.
FISCAL IMPACT: Payment of $500 has been made and if approved by the Board, accrued
fines in the amount of$252.250 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46. -KN
{1 5-CED-01074/1222563/1]
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1/12/2016 16.A.10.
RECOMMENDATION: To waive the fines in the amount of $252,250, accept a settlement
payment amount of $500, release the lien, and authorize the Chairman to sign the attached
release and satisfaction of lien for recording in the Official Public Records.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien
2) Lien Order
3) Hardship letter
115-CED-01074/1222563/1]
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1/12/2016 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$252,750 for payment of$500, in the code enforcement action entitled
Board of County Commissioners v. Ronnie G. and Beverly Bishop, Code Enforcement Board Case
No. CESD20110017156, relating to property located at 1329 Saint Clair Shores Road, Collier
County, Florida.
Meeting Date: 1/12/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/17/2015 1:08:41 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations.Code Enforcement
Date: 11/19/2015 5:17:25 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 11/20/2015 11:52:44 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 11/20/2015 1 1:53:21 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/20/2015 11.58:01 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/20/2015 4:29:52 PM
Name: KlatzkowJeff
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1/12/2016 16.A.10.
Title: County Attorney,
Date: 12/9/2015 7:59:41 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 12/10/2015 9:19:37 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:00:25 AM
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1/12/2016 16.A.10.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Ronnie G. and Beverly Bishop,
Respondents
The lien was recorded on February 6, 2013, in Official Records Book 4883, Page 2975, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
fourteen thousand eight hundred twenty-nine dollars and seventy-two cents ($14,829.72), plus
accrued interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20110017156
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INSTR 4796860 OR 4883 PG 2975 RECORDED 2/6/2013 3:45 PM PAGES 2 1/12/2016 16.A.10.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20110017156
vs.
RONNIE G.AND BEVERLY BISHOP,
Respondents
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public heart•g eicne a,$eptember 27,2012,after due notice to
Respondents at which time the Board he.•. . asunder oa11t`ri vidence,and issued its Findings of Fact
and Conclusions of Law and thereupon/14-4 is oral Order which was CO to writing on October 4,2012,and
furnished to Respondents and was reoorded/lie Records of Col ie�r Canny,Florida at OR 4844,PG 315,
et.seq.on October 9,2012 coverin✓the real p ttcated-at-.13'29 Saint'Clai?Shores Road, Naples,Florida
34104,Folio 294600009,more culafiy describe .as-North One\Half(N`z)of the South One-Half(S V2)of the
Southeast One-Quarter(SE'/.)of e N. t -is --• .4.- •a o ` prth One-Quarter(NE 1/4)of
Section 31,Township 49 South, gel 26 East, o ie Cep 4 i ni. e th Public Records of Collier County,
Florida. n 1t� I
An Affidavit of Non-Com iiancp has been filed with thb} oar4 bylleSode Enforcement Official,which
Affidavit certified under oath that the r*diirired corrective action'hi is beerLT'alcen as ordered.
Accordingly,it having been bro gttt fa the Board's attention. A Respondents have not complied with the
Order dated October 4,2012,it is hereby gf` -��°-----•—'', ;`' '
ORDERED,that the Respondents,Ronrite cis$ ~'Ir- r hop, pay to Collier County fines in the
amount of$14,750.00(Order Items 1 8 2)at a rate of 5250/day for the period of November 27,2012 through
January 24,2013(59 days),plus the operational costs of$79.72,for a total of S14,829.72.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondents come into
compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida
Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this, day of.J5a1, ,2013 at Collier County,Florida.
r CODE ENFORCEMENT BOARD
i IE •SUNTY FWRIDA
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':6- Kaufm;n,Cha.
I HEREBY CERTIFYTHic t 11 is a tr a arto 2801 North:orses•.e Drive
0TreCt eoDyatr .obcuriierit on"ttte is / Naples, 'ride",104
Board Mir,utes..ano.Recorps'.0-CONer Caltnier
NITNESS m'.i o 8rtc'oficiai4sirt ttiie
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*** OR 4883 PG 2976 *** 1/12/2016 16.A.10.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day of c "N.
2013,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or _ V who has produced a Florida Driver's License as i�efti c fon.
r µY itssI° r22.2ots NOTARY PUBLIC
• pc i '�,,,NO"f"ru t)"6"nea My commission expires:
Ttitfr
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. ail to Ronnie
G.and Beverly J.Bishop,1329 Saint Chair Shores.Read,—Naples,Florida 34104 this 50 day vf� 1 ,2013.
Lei!\�1.i
/ / M.Je ;/'awl sq.\ .
r _ Florida Bar No.7503111
/, '�_��1'68-1-Goodlette Roaa'N.,Ste.210
;, f \ynples,Florida 34012
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From: hunterray10Paol.com f mailto:hunterraylo@aol.com]
Sent: Friday, October 30, 2015 11:36 AM
To: Burgoslliana <IlianaBurgos@colliergov.net>
Subject: Re: Reduction of Fines FW: 1329 St Clair Shores RD
Iliana,
In response to your letter dated October 29, 2015, I purchased this property for
$60,000.00 and put a great deal of money into it in order to bring it into compliance. As
you can see from the tax bill for 2014 the county has the value at $66,390.00. The
property has a storage building that consists of 860 SF, and a one bedroom one bath
trailer built in 1971, 44 years old, of which the cost to remove or demolish it far exceeds
the value of the trailer. Before purchasing the property I spoke with senior code officials
and we all agreed this could not be done in 30 days, with the permitting process, of
which took 78 days. I did everything I was required to do in 51 days. I feel as though I
gave it 100% effort to complete what was required by the county, so I feel that in the
spirit of Resolution 2012-46 paragraph E. which states,. " Extent.to which payment of
the full lien amount would impose a severe financial hardship on the property owner;
fines accrued by an existing owner would be considered for a waiver as long as the
existing owner has diligently pursued abatement and compliance has been achieved". I
think we can all agree that if it takes 78 days to get a permit out, all contractors,
draftsmen, engineers and state certified septic contractors who are just as busy as the
county:so. it's not a matter of getting the work done, it's a matter of getting in line to get
the work done. Just as it is with county permitting. I welcome any input from Ronauld
and Vicki who are the 2 code officials I worked closely with.
I am asking for abatement of all fines and agree to pay a fee of $500.00 to cover any
and all administrative costs.
Thank you in advance for your consideration in the matter and I look forward to hearing
from you soon.
Sincerely,
Raymond W. Staton
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