Agenda 01/26/2016 Item #16A 3 1/26/2016 16.A.3.
EXECUTIVE SUMMARY,
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $216,710.63 for payment of $2,500, in the code enforcement actions entitled Board of
County Commissioners v. Muller Real Est Holdings LLC, Code Enforcement Special Magistrate
Case Nos. CENA20140009645 and CESD20140009723, relating to property located at 1461 Golden
Gate Blvd. E., Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two
(2) code enforcement liens with a combined accrued value of $216,710.63, for payment of
$2,500, in relation to the Code Enforcement Special Magistrate Case Nos. CENA20140009645
and CESD20140009723
CONSIDERATIONS: As a result of various code violations at 1461 Golden Gate Blvd. E., as
reflected below, the Code Enforcement Special Magistrate ordered the imposition of two liens
against the property as follows (in chronological order based on lien recording date):
The lien in Case No. CENA20140009645 was recorded in the Official Records on March 31,
2015, at O.R. Book 5134, Page 1562 (for litter and debris, such as: derelict boats, household
garbage, wood, metal as well as the illegal outside storage of unlicensed vehicles, boats, trailers
and auto parts throughout the property) and it encumbers all real and personal property owned by
Muller Real Est Holdings LLC. The lien amount of$132,230.35 is based on a total of 264 days
of accrued fines (at $500 per day from December 13, 2014 through September 2, 2015) plus
$230.35 in operational costs. The property was brought into compliance on September 2, 2015.
The lien in Case No. CESD20140009723 was recorded in the Official Records on March 31,
2015, at O.R. Book 5134, Page 1560 (for the building of a pool and several shed type structures
built on the property without first obtaining the required Collier County permits) and it
encumbers all real and personal property owned by Muller Real Est Holdings LLC. The lien
amount of$84,480.28 is based on 337 days of accrued fines ($250 per day from January 6, 2015
through December 8, 2015) plus $230.28 in operational costs. The property was brought into
compliance on December 8, 2015.
Following a foreclosure eliminating the County's liens, (Case No. 2013-CA-0503), the property
was bid on and acquired by Muller Real Estate Holdings, LLC. The certificate of title was
recorded on December 16, 2014. Attorney Phil Gross, who represents the previous mortgage
holder, immediately started the process to achieve compliance in this matter. Due to the tenant
eviction process, environmental clean up on the property, and the permitting process, as
evidenced by the attached letter, the property accrued fines for an additional 230 days in Case
No. CENA20140009645 and 327 days in Case No. CESD20140009723.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when code
enforcement liens encumber property that is under new ownership, fines that accrued prior to
transfer of title and thirty days following transfer of title, would be considered for waiver so long
as the new owner has diligently pursued abatement and compliance has been achieved. The
15-CED-01090/1229538/1]
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1/26/2016 16.A.3.
property is being actively maintained. compliance has been achieved and the new owner has paid
$2.500 in settlement of accrued fines and costs. The property is currently under contract and is
awaiting the approval of the releases of lien. The new owner is requesting a waiver of
$214,210.63 in accrued fines.
FISCAL IMPACT: Payment of $2,500 has been made, representing $2,039.37 in fines and
$460.63 in operational costs. If approved by the Board, accrued fines in the amount of
$214,210.63 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
RECOMMENDATION: To waive the fines in the amount of $214,210.63, accept payment
amount of$2,500, release the liens, and authorize the Chairman to sign the attached releases 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)
2) Lien Orders
3) Letter from Attorney
1 5-CED-01090/1229538/1]
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1/26/2016 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$216,710.63 for payment of$2,500, in the code
enforcement actions entitled Board of County Commissioners v. Muller Real Est Holdings LLC,
Code Enforcement Special Magistrate Case Nos. CENA20140009645 and CESD20140009723,
relating to property located at 1461 Golden Gate Blvd. E., Collier County, Florida.
Meeting Date: 1/26/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
12/18/2015 4:43:48 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 12/18/2015 5:03:43 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 12/21/2015 2:01:05 PM
Name:PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 12/21/2015 2:01:46 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 12/29/2015 2:28:42 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 12/29/2015 2:52:35 PM
Name: MarcellaJeanne
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1/26/2016 16.A.3.
Title: Executive Secretary, Transportation Administration
Date: 12/30/2015 7:48:37 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/2015 2:44:56 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 1/7/2016 11:16:46 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 10:29:57 AM
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1/26/2016 16.A.3.'
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:
Muller Real Est. Holdings LLC,
Respondent
The lien was recorded on March 31, 2015, in Official Records Book 5134, Page 1562, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of forty-
two thousand two hundred thirty dollars and thirty-five cents ($42,230.35), 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 Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CENA20140009645
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1/26/2016 16.A.3.
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:
Muller Real Est. Holdings LLC,
Respondent
The lien was recorded on March 31, 2015, in Official Records Book 5134, Page 1560, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen
thousand two hundred thirty dollars and twenty-eight cents ($15,230.28), 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 Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20140009723
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INSTR 5101193 OR 5134 PG 1562 RECORDED 3/31/2015 10:09 AM PAGES 2 1/26/2016 16.A.3.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20140009645
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MULLER REAL EST HOLDINGS LLC,
Respondent.
1
/° , C(
ORDEI?rrTIE SPECIAL, 4 IT`RA T E
`I IP.OSING FINES/LIENS \
/ ! -- `i \
THIS CAUSE came befori�p= .:• ♦ •',lt: . . •lic hearing upon the Petitioner's
Motion for imposition of Fin s/Lten on ari: 2()5, :e 1 ie I Special Magistrate, having heard
argument respective to all ap roc\\----"'at m tter , here p�� issues its ) dings of Fact and Order of the
Special Magistrate,as follows: �� ;.'� ^-ti /„r..
\<::., t FINDINGS OF PAeT rr-\
I v , ..-f
I. On December 5,2014,Respondent"was found guiltyofsoolation of Collier County Code of Laws
and Ordinances,Chapter 54,Artiefe Y > $ ctio1 1 1`' 9 and 54-181 for litter and debris
consisting of but not limited to:derelie boats,-hoIsehold garbage,wood,metal,and plastic
throughout the property and illegal outside storage of unlicensed vehicles,boats,trailers,and auto
parts throughout the property,which violation occurred on the property located at 1461 Golden
Gate Blvd E, Naples,FL,Folio 439269720008(Legal Description:GOLDEN GATE EST UNIT
49 W 150FT OF TR 110).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 12,2014,or a fine of$500.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 5112,PG 1545).
3. Operational costs of$1 15.40 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended.has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
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** OR 5134 PG 1563 *** 1/26/2016 16.A.3.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$500.00 per day are assessed against Respondent for 84 days for the period from
December 13,2014 to March 6,2015,for a total amount of fines of$42,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.40.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.95.
E. Respondent is ordered to pay fines and costs.n_tbe total amount of$42,23035 or be subject to
Notice of Assessment of Lien a a g,jsf�
n � p��s �'ed by Respondent in Collier County,
Florida. `�
F. The daily fine of$500.00 shall c�nntinu, tp accrue until abatement has been confirmed by a Collier
County Code Enforcement In esiigato'f� -�`t \ \
DONE AND ORDERED this? t, fiav,sif ,` 05 1<Collier County,Florida.
1r
t �
COLLEEN CQLJNTCODE ENFORCEMENT
SPECIAAMAGIS TE
NDA C.G ' ' "-SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Depaitnient,2800 North Horseshoe Drive,Naples, FL 34104,phone 4
(239) 252-2440, or ww-w.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
State of Florida
County of COLLIER
cc: Respondent-Muller Real Est Holdings LLC
Collier Co.Code Enforcement Dept. I HERW:CI?R.TiFYYfiAT Ibis is a true and
cOtrt to vhf to file in
Bol3pd-Mictutes and ccucgttf other County
1Nh� SS ipj . tf anlf bfilciap; eal this
d Y'or t •
IGHt'4.ai32 }y;- tERK OF COURTS /.
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INSTR 5101192 OR 5134 PG 1560 RECORDED 3/31/2015 10:09 AM PAGES 2 1/26/2016 16.A.3.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE,
Case No.—CESD20140009723
I
BOARD OF COUNTY COMPvIISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MULLER REAL EST HOLDINGS LLC,
Respondent.
/
T
tf `= --�'\1 .
ORDER if HE SPECIAL M 1kG A T E
/ IMPOSING FINES/LIENS `\
/
THIS CAUSE came before,l pe iaF trot p lic\hearing upon the Petitioner's
Motion for Imposition of Fines/L}en on arr-`e 2.95;) nd� `e;Special Magistrate, having heard
argument respective to all appro crate m er , here p,rissues its Findings of Fact and Order of the
p , ,. ;"--2 \---... ;;-/e `k� -1, t,
Special Magistrate,as follows: % ', _
\.,:;-.\ FINDINGS OF F `£T ' /�
1. On December 5,2014,Resp`ood'e as found guilty,of violation of Collier County Land
Development Code 04-41,as ame idgllAettidtr1 1. 2`.0f,0X1XA)and the 2010 Florida Building
Code,Chapter 1,Section 110.1 for a pod1a?_sl shed type structures built on the property
without first obtaining all required Collier County building permits,which violation occurred on
the property located at 1461 Golden Gate Blvd E, Naples,FL,Folio 439269720008(Legal
Description:GOLDEN GATE EST UNIT 49 W 150FT OF TR 110).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before January 5,2015,or a fine of$250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5112,
PG 1548).
3. Operational costs of$115.33 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
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*** OR 5134 PG 1561 *** 1/26/2016 16.A.3.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 60 days for the period from
January 6,2015 to March 6,2015,for a total amount of fines of$15,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.33.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.95.
E. Respondent is ordered to pay fines and costs in the total amount of$15,230.28 or be subject to
Notice of Assessment of Lien against al praper ieowned by Respondent in Collier County,
Florida. xyER c- ..t r
I
The fine 25n 0shal to
F. T..e daily of 5...,.,.0...,....��cc�f►tinue accrue unto abailcnent has been confirmed by a Collier
County Code Enforcement Inve tgatoz
Cam-
DONE AND ORDERED this ' (*t1
�l�al Collier County,Florida.
tb
1R Ci] bDE ENFORCEMENT
\ SPECIAL i MAGISTI °TE
r -y
f'
BRENDA C.GARRETSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104,phone#
(239) 252-2440, or www.coliiergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
;ate of rtorida
County of COLLIER,
cc: Respondent-Muller Real Est Holdings LLC
Collier Co.Code Enforcement Dept. I HERESx�ERTIF'1 THA this is a true and
corre topy,, ti` lment.on file in
BoarllinuteS.and Records of Cblfier County
WITRESS my`hand and offici I seal this
stay of; vc.lr\ .13
DWIGNTB g
. Ct.ERK OF COURTS
406
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1/26/2016 16.A.3.
BurgosIliana
ro:^:
Phil Gross <pgross @yelemortgage.com>
Sent: Monday, December 14, 2015 4:1' Phi'
To: Phil Gross; Burgosiliana
Cc: MorrisDrew; 'Leti Trejo (leti @naplesrealestatehelp.com)'; Lalani Gomez
Subject: RE: Reduction of Fines FW: 1461 GG Blvd E Y0439/53089/Rodriguez
liiana
Please let this letter serve as our formal request for a reduction in the 2 outstanding liens on this—9/2/15)+$230.35 operational
property, CENA20140009645 total $115,230.35 fine x 230 days
x 327 days(1JJ5%!55 12/8/15)+ $230.28 operational
costs] and CESD20140009723 total $81,980.28 [$
costs].
I would like to give you a little background on this property. We were the lender on this property. Once the Borrower,
Antonio Rodriguez, defaulted on his loan, we began foreclosure proceedings. The foreclosure sale was conducted on
12/3/14. As part of our protocol,we immediately notified our local Naples realtor, Leti Trejo, to drive by the property to
check occupancy. On the very next day, Leti drove by the property and reported back to us that the property was still
occupied. We immediately notified our attorney, but could not do anything until we received the Certificate Of
Title. On 12/18/14, our attorney forwarded us the CT issued by the court on 12/16/14. As the home was still occupied,
we asked our attorney to file for a Writ of Possession. On 1/28/15, our attorney received the court order for the writ
and forwarded the needed docs to the clerk and sheriff to arrange the eviction. On 1/30/15, the sheriff posted the
eviction notice,which prompted a call to our office from the occupant at the home, which was a tenant and not Mr
Rodriguez, the prior owner. Due to foreclosure law and the protections afforded to tenants, our attorney then had to
cancel the eviction and file for another writ against the tenant, which gives them 90 days protection. During this entire
time period, both our realtor, Leti, and our in house inspector, Dale Dishaw, were driving by the property on a weekly
basis to see if the occupant had vacated the property, which he had not. Also during this time period, I was contacted
by Drew Morris in the environmental section of Collier County, who advised me of the issues in the backyard. i advised
Drew that immediately upon our possession of the property that we would begin addressing his environmental
concerns. He was kept in the loop all along the way.
On 2/26/15,the sheriff posted the eviction notice, at which time the sheriff notified us that the cars were gone. The
formal eviction took place as scheduled on 3/3/15. I let Drew know of this date,and invited him to meet our realtor at
the property on the day of the eviction, 3/3/15, which is when we officially tool< possession of the home. Drew and
other people from the county were at the property from the very first day we took possession. After Drew walked
through the property, he told us we needed to hire an environmental consulting firm to assess what needed to be done
to clean up the property. Drew provided me with a list of State approved contractors, and Leti contacted one of the
firms the very day we took possession. We received a proposal from one of the firms on 3/22/15. As the estimate was
extremely high, we immediately started calling around for additional estimates. In the meantime, we had our crew go
out to the property to work on estimates for the interior and exterior repairs. On 4/28/15, Drew met Dale there, and as
a result of that meeting, Drew recommend that wfe no no other demo to the property until all soil samples were taken
and oil drums disposed of.
On 5/29/15,we finally had 3 comparable estimates on the environmental clean-up and approved 1 of them. On June 5,
work on the environmental clean-up began. On 6/11, all of the soil was excavated from the site and Drew Morris was
there,who gave approval that the sites from where the soil was removed were all the areas of concern. On 6/23,the
drums of unknown material were picked up after they were tested and shown to be non-hazardous. On 7/6,the
environmental company that did the remediation work sent us a full report showing there was no contamination in the
1
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1126/2016 16.A.3.
groundwater and that the soil is non-hazaroous as wefl as the drum contents, and on 7/16 a Phase report was issued
showing the property to be clean.
On the very day that | received the Phase 1 7/I6/I5' | instructed Dale to have Dale proceed with the remainder of the
exterior lot dean up. On that same day. \ emai|ed Marlene. Serrano that the property was clear nfenvironmental issue:
and asked what was the next step for lien remediaton. Marlene sent an ema baco tnat very same day saying atricv
would be contacted to inspect the property regarding abatement. On 8/26 I sent an email to Patrick as I hadn't heard
back from anyone on the abatement. He then emailed back the same day saying that it was now in Tony Asaro's area
and that Patrick didn't know if Tony had confirmed abatement. I again followed up on 9/4 as no one from the city had
contacted me and | asked for Tony's contact info. On 9/15, I again emailed Patrick asking for Tony's info as no one had
contacted me. It was not until 9/15 that finally received an email from Marlene Serrano with Tony's email. Following
that email,John Santafemia emailed me that same day, saying he reviewed the case and asked Tony to inspect the
property right away. John instructed us that several structures needed to be removed and needed permits. I advised
my contractor to provide estimates for pulling permits and removing the additional structures the county were
requiring. Once I got that estimate, I approved moving forward. My contractor then pulled the required permits and
removed the illegal structures.
I am happy to provide any backup that is asked for. I hope this helps you with the timing of the events, and shows you
that we worked with the county and city the entire time. We also were not the cause of any of these issues, and
stepped up to the plate to resolve all the issues from the prior owner. | do know the county has some hard costs that
cannot be waived, but I do hope that you can see we are undeserving of the fines that were levied on this property. On
CENA20140009645, I would ask that the county reduce the total fine to $1500 and on CESD20140009723, I would ask
that the county reduce the total fine to $1000.
understand that the next meeting is set for the end of January. It would be greatly appreciated if you could put this on
the agenda for that time period. Once you hopefully approve the reduction, we can pay the fine right away.
Please do not hesitate if you have any questions regarding this request for lien reduction.
Thank you
Phil
2
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