Agenda 03/08/2016 Item #16A 6 3/8/2016 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$38,726.48 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Ramiro E. Llerena and Martha R. Llerena, Code Enforcement Board Case No.
CESD20140012087, relating to property located at 11263 Tamiami Trail E.,Unit D, Naples, 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$38,726.48, for payment of$450, in relation to
the Code Enforcement Board Case No. CESD20140012087.
CONSIDERATIONS: As a result of various code violations at 11263 Tamiami Trail E.,
consisting of alterations to commercial property without first obtaining the required Collier
County permits, the Code Enforcement Board ordered the imposition of a lien against Ramiro E.
Llerena and Martha R. Llerena, in Case No. CESD20140012087. The lien was recorded in the
Official Records on February 6, 2015, at O.R. Book 5118, Page 2231, and it encumbers all real
and personal property owned by Ramiro E. Llerena and Martha R. Llerena. The lien amount of
$38,726.48 is based on 193 days of accrued fines ($200 per day from November 23, 2014
through June 3, 2015) plus $126.48 in operational costs, which the owner previously paid. The
property was brought into compliance on June 3, 2015.
Mr. and Mrs. Llerena rented the unit to a tenant who, performed work without their permission
and without first obtaining the required permits. Further, these violations became a building
department and code enforcement issue and Mr. and Mrs. Llerena tried to remedy the situation as
soon as they became aware. They first had to evict the tenant which added days to the case and
finally were able to hire a contractor on September 25, 2015. The owners worked diligently and
expended additional funds to achieve compliance, as evidenced by the attached hardship letter.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
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. The property is
being actively maintained and the owner has paid $450 in settlement of fines. The owner is
requesting a waiver of$38,276.48 in accrued fines.
FISCAL IMPACT: Payment of$450 in settlement of fines has been made. If approved by the
Board, accrued fines in the amount of$38,276.48 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
[16-CED-01097/1234830/1]
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3/8/2016 16.A.6.
RECOMMENDATION: To waive the fines in the amount of$38,276.48, accept the settlement
payment amount of $450, 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
[16-CED-01097/1234830/1]
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3/8/2016 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$38,726.48 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Ramiro E. Llerena and Martha R. Llerena, Code Enforcement
Board Case No. CESD20140012087, relating to property located at 11263 Tamiami Trail E., Unit
D, Naples, Collier County, Florida.
Meeting Date: 3/8/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
1/27/2016 10:43:48 AM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 1/27/2016 1:17:32 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/29/2016 3:16:31 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/29/2016 3:17:13 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 2/9/2016 4:14:37 PM
Name: NoeliKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/9/2016 4:22:47 PM
Name: MarcellaJeanne
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3/8/2016 16.A.6.
Title: Executive Secretary, Transportation Administration
Date: 2/16/2016 8:23:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 1:58:14 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/23/2016 4:30:38 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:39:50 PM
ottftts
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3/8/2016 16.A.6.
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:
Ramiro E. Llerena and Martha R. Llerena,
Respondents
The lien was recorded on February 6, 2015, in Official Records Book 5118, Page 2231, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve
thousand three hundred twenty-six dollars and forty-eight cents ($12,326.48), 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 Noel!
Assistant County Attorney
CESD20140012087
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_15TR-50814 '1 OR 5118 PG 2231 RECORDED 2/6/2015 9:19 AM PAGES 2 3/8/2016 16.A.6.
- ' DWIGHi E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50 , 'r 2)
`T tf .
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No.—CESD20140012087
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RAMIRO E.LLERENA AND
MARTHA R LLERENA,
Respondents.
; :t L,
ORDER OF TFFE-CODE ENFO�iC A?EN1 BOARD
/ FINESILIET `
THIS CAUSE came beforg'the od4zErrfoxcement lard upon the-Petitrpner's Motion for Imposition
Fines/Liens on January 22,2015,and tl}e Cade,,,Enr'otceinedt~Bnaid hai+�tugr-Ijeard'argument respective to all
appropriate matters,hereupon issues its?1Fi in `of/fact°a��C er�dfCt d, Enforcement Board,as follows:
I i 11 ,.
l ;�` _ �ilthlTTG�} ACT ,,
.
On October 23,2014,Resp dents were found guilty otnlat,ion 66gllier County Land Development
Code 04-41,as amended,Sec > 'I0.02.0(B)(1)(A)for h ivtttv,,rr}Adba)terations to commercial property
without applicable Collier Cotutly Ftermits(installation of kitch n'area with new plumbing and electric,
which violation(s)occurred on ihe�pf p'tt located at 1.1263Ttiami Trail East,Unit D,Naples,FL,Folio
#62090200007(Legal Description:1&P1.E illkAD19;.BLK 1,LOTS 7&8)
2. An Order was entered by the Code Enforcement Board ordering Respondents to abate the violation on or
before November 22,2014 or a fine of S200.00 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 5092,PG 3971-
3972).
3. Operational costs of 564.17 incurred by the County in the prosecution of this case were ordered to be paid.
4. Respondents,having been duly noticed for the public hearing regarding the County's Motion,did appear
through his contractor,George Sorbara,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.
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.
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* a^ 51.3.8- PG 2232 *** 3/8/2016 16.A.6.
B. Daily fines of$200.00 per day are assessed against the Respondents for 61 days for the period from
November 23,2014 to January 22,2015 for a total amount of fines of S 12,200.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$64.17..
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of$62.31.
E. Respondent is ordered to pay fines and costs in the total amount of 512,326,48 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier,County,Florida.
F. The daily fine of 5250.00 shall continue to accrue until abatement has been confirmed by a Collier County
Code-En orc nvestigator. _— °
DONE AND ORDERED this 4t day of t ,2015 at Collier County,Florida.
•:' ,• •• EMENT BOARD
COLLIER CO ,'TY,FL DA
\ ' ••.e.t'
STATE OF FLORIDA ) .�' t _:00 orth es'Drive
)SS: Na. es,Florida's '0
COUNTY OF COLLIER) r, w ,�,
The foregoing instrument was acl rtowla$g abef�orb me 0 iq �i ; d / ebI
2011i5/6y Robert Kaufman,Chair ofth,(Co e Etifo ernen =`of 1 t:r Ctount},Florida,who is
personally known to me sac"-.i\ .h .ddu6.a •' loridaD•_ cease as identific, •.. Y
KAREN G BA1LE
1 pI �9 %�i+ htY c t,a1SSiot tt EEB75t21
NOT RY 4ti3>3LIC' ' '�. -tJ EXPIRES February
16,2011
My commission, paceS� �•&0��`•
PAYMENT OF FINES: Any fines ordered be$aiipucsuanl to this-Order may be paid at the Collier County
Code Enforcement Department,2800 North Hones ttx1 Dri_yeJitapies,FL 34104,Phone:(239)252-2440,Website:
www.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 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 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 Board's
Order.
CERTIFICATE OF SERVICE.
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Ramiro E,and
Martha R.Llerena, 115 Price St.,Naples,FL 341 -=•s Q. day of ' b.2015.
State of Florida
County of COLLIER A A ALA. 4111
.mara Lynne Nico a,Esq. re
i HEREBY CERTIFY THAT this is a true and Florida Bar No.968900
correct copy of a.dccumol:f on id:in/, Attorney for the Code Enforcement Board
Board Minutes and Record =�bl,;4t4,ounty 681 Goodlette Road N.,Ste.210
t"J Tt'ESS my haA. rid.Qf&aie 69-fhi5 t• Naples,Florida 34012
day of (9Eitc7 (239)261.6909
DWIGHT E.BROQK;CLERK OF COUF.,SS
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RAMIRO ����FRENA
1 l 5 Price St Naples PL. 34113
Collier County
Growth Management Department
Code Enforcement Division
2800 North Horseshoe Drive Naples, FL 34104
Reference: CESD20140012087
Subject:Abatement of Fines Request
Attention: Operations Supervisor
January 7,20)6
Good Morning,
To whom it may concern:
Today I am here before you to submit my request for the abatement of fines for Case No.
CS5D20140012007.
At the time of this request be it known that all past violations and open permits have all been
ubated` including but not limited to all Operational Cost pertaining to this case have been paid.
Our request is based on our current financial state, these fines would most certainly cause such
financial hardship and a detriment to our lives. We do apologize for all these evcnts, but as you
are aware we did not cause the vio|odon` hut a past tenant who did not inform us of his activities,
thus exposing ourselves to the matter at hand. This has been an exhausting and long process for
my wife and l to endure and it all started vvi1h helping someone.
We rented a unit to a tenant who later performed work in the unit without our permission, and
worse without a permit. I understand that at the time he didn't really understand Building Codes
and regulations since the v,nrkvua being performed on the inside. nevertheless the end result
was that this situation became a Building Department and Code Enforcement issue, the situation
later worsened when it became apparent he did not want to leave, it became very difficult trying
to evict them.this caused a huge problem for us financially and legally not being able to collect
rent from the tenant at the time. in fact we still have not received any revenue to date which has
caused further loss in addition to the incredible worry that has caused so much stress in our i\vcs,
and now add to all this, the indebtedness to the Code Enforcement Department will surely put us
in the gutter.
^404%,
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RAMIRO � � �������- y�
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115 Price St Naples EL. 34113
On September 25, 2015, I empowered Mr. Herminio Ortega who was highly recommended by a
friend of ours who understood how to remedy the circumstance and help us out on this matter, he
was gracious enough to take on the issues pro-bono due to our current financial condition.
Our goal was to finalize everything by the previous Code Enforcement Board Hearing that took
place back on September 21, 2015. unfortunately other surprises were brou2ht to our attention.
I was informed my Mr. Herminio Ortega that other issues existed beyond the original violution,
it was discovered that a fence permit was pulled in 2014 and never completed. though the work
was completed the final inspections were never called. thus rendering the permit in expired
status,
We also found out that there was a plumbing permit that was applied for, but never completed,
this permit was in Review Status at the time. and it too was expired.
Mr. Ortega immediate contacted the Fence Contractor who was very apologetic and immediately
handle his part.
Mr. Ortega also communicated with the Contractor of record the Sorbara Company immediately
executed a cancellation of the plumbing permit since the work was never done, another issue the
past tenant placed us in.
ABBREVIATED ABATEMENT HISTORY:
I. Demo Base Cabinetry For Unpermitted Work
a) Code Case: CESD201400l2O87
h) Permit Number. PRRDZ0|5U307|63 (0Q/)3/2O|4 Application Date)
c) Certificate of Occupancy: 06/03/2015
2. Operational Cost: 09/28/2015
a) 502.31 (Paid)
b) 564.56 (Paid)
3 Fence ck: Gate Pconic
a) Code Case: N/A
b) PKBD20l4OD2]l4V (OQ/|3/l0|4 Application Date)
c) Permit Expired: 03/24/2015
d) Permit Extended: 09/2l/2Ol5 (App|icd)
e) Certificate of Occupancy: 10/07/2015
4. Install New Sink At Plumbing Cap Off
a) Code Case: N&\
2
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RAMIRO 8_/JL/U ���-��l`�J~�
115 Price St Naples FL_ 34113
W PRBD20140823149 (08/13/2014 Application Date)
c) Permit Expired: Permit Cancelled work was never done)
d) Permit Cancelled: 09/08/2015
5. Request for Abatement of Fines: 01/07/2010
First and foremost, we would like to thank the members of the Board for their patience,
understanding and consideration regarding our situation.
We have certainl) learned much from this experience and pray that we are never again exposed
to a situation like this. Today we are a bit more careful when interviewing potential tenants that
can have such a drastic impact on our lives, particularly for something that started on a
handshake trying to help out someone.
If you should ever have any questions or requests, please do not hesitate to contact us or Mr.
Ortega ut his direct number 23P-h0\'4Z59ot your earliest con‘cnienoc.
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