Agenda 03/08/2016 Item #16A 7 3/8/2016 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$135,564.64 for payment of $2,000, in the code enforcement action entitled Board of County
Commissioners v. Real Estate Holdings of Tienda Mexicana, Inc., Code Enforcement Board Case
No. CESD20120006666, relating to property located at 217 N. 15th Street, Immokalee, 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$135,564.64, for payment of$2,000, in relation
to the Code Enforcement Board Case No. CESD20120006666.
CONSIDERATIONS: As a result of various code violations at 217 N. 15th Street, consisting of
alterations to commercial property, such as; adding a screen enclosure with a sink, open freezers
with electric and upright door refrigeration coolers and counter space attached to the office,
without first obtaining the required Collier County permits,the Code Enforcement Board ordered
the imposition of a lien against Real Estate Holdings of Tienda Mexicana, Inc., in Case No.
CESD20120006666. The lien was recorded in the Official Records on July 16, 2014, at O.R.
Book 5058, Page 1905, and it encumbers all real and personal property owned by Real Estate
Holdings of Tienda Mexicana, Inc. The lien amount of $135,564.64 is based on 542 days of
accrued fines ($250 per day from April 14, 2014 through October 7, 2015) plus $64.64 in
operational costs. The property was brought into compliance on October 7, 2015.
Mr. Oqab Abuoqab purchased the business in November 2010. On or about May 2012, Mr.
Abuoqab was alerted to the various violations in existence at the business. These modifications
had been made by the previous owner. As a result, Mr. Abuoqab began the process of hiring a
contractor and obtained the necessary plans and permits. This project took a great deal of time
and Mr. Abuoqab expended approximately$25,000, 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 $2,000 in settlement of fines. The owner is
requesting a waiver of$133,564.64 in accrued fines.
FISCAL IMPACT: Payment of $2,000 in settlement, representing $1,935.36 in fines and
$64.64 in operational cost, has been made. If approved by the Board, accrued fines in the
amount of$133,564.64 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[16-CED-01098/1234840/1]
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3/8/2016 16.A.7.
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 $133,564.64, accept the
settlement payment amount of$2,000, 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-01098/1234840/1]
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3/8/2016 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$135,564.64 for payment of$2,000, in the code enforcement action
entitled Board of County Commissioners v. Real Estate Holdings of Tienda Mexicana, Inc., Code
Enforcement Board Case No. CESD20120006666, relating to property located at 217 N. 15th
Street, Immokalee, Collier County, Florida.
Meeting Date: 3/8/2016
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
1/27/2016 2:00:36 PM
Approved By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 1/27/2016 5:00:33 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 1/29/2016 3:19:38 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/29/2016 3:20:22 PM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 2/9/2016 4:15:52 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/9/2016 4:22:05 PM
Name: MarcellaJeanne
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3/8/2016 16.A.7.
Title: Executive Secretary,Transportation Administration
Date: 2/16/2016 8:25:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 1:55:19 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/23/2016 4:30:24 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:38:59 PM
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3/8/2016 16.A.7.
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:
Real Estate Holdings of Tienda Mexicana, Inc.
Respondents
The lien was recorded on July 16, 2014, in Official Records Book 5058, Page 1905, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventeen thousand sixty-four dollars and sixty-four cents ($17,064.64), 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
CESD20120006666
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*INSTR 5008125 OR 5058 PG 1905 RECORDED 7/16/2014 3:37 PM PAGES 2 3/8/2016 16.A.7.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120006666
vs.
REAL ESTATE HOLDINGS OF TIENDA MEXICANA,INC.
Respondent
t�' _ C� ,,~
4R41Ty tPOSR3G FilNf ii .,
THIS CAUSE came on for public h 'n efsre-the..$oard upon the Pen goner's Motion for Imposition
FinesfLiens on June 20,2014,and tenBoardvhaving hear ar Int respe ttive 1 all appropriate matters
thereupon issues its Findings of Fact acid 9,rder as ws \ �.
�, > rNb 0 f� _
1r,t\i .1 `, la L 'n--r
1. On May 23,2013,Relspondent was found to be in latior1 of D once 04-41,as amended,the
Collier County Land Developmeneetdc. Section 10.02.06(B)(I wOcc(sh ' ion covered the real property
located at 217 N. 15th Street,€mmohsl)Florida 34142 Folio 00 ➢.3�60QU t re particularly described as the
North 132 feet of the East one-half oftb Northeast one-quarter of th �ou'theast one-quarter of the Northeast one-
quarter, Section 5,Township 47 South, 'tacg29-East,_Collier Cout pnda.
2. An Order was entered on June 3,20;� ;is t�c i „co eti in the Public Records of Collier County,
Florida at OR 4931,PG 1669,et.seq.on June 1T;101.3 ---J
3. An Affidavit of Non-Compliance was filed with the Board by the Code Enforcement Official on May
5,2014,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
4. 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:
I. Petitioner's Motion for Imposition of FineslLiens is granted.
2. Daily fines of$250.00 per day are assessed against the Respondent for 68 days for the period from
April 14,2014 to June 20,2014 for a total amount of fines of 517,000.00.
3. The previously assessed operational costs of$81.15 and$63.74 have been paid. The operational costs
are S64.64 for this hearing.
4. Respondent is ordered to pay fines and costs in the total amount of S17,064.64 or be subject to Notice
of Assessment of Lien against all properties owned by Respondents in Collier County,Florida.
5. The daily fine of S250.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
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-.** oR 5058 PG 1906 *** 3/8/2016 16.A.7.
DONE AND ORDERED this gj day of , A t 4 at Collier County,Florida.
A
e• E FF• `CEMENT BOARD
OLLIER CO 4 TY F •' DA
'f e Kau"Iri Fair
li
2800 , o . o -shoe Drive
Na. •s, . orid. 4104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The fore ing instrument was acknowledged before me this gday of .-.J ,
2014 y Robert Kaufman,Chair of the Code Enforcement Board of Collie County,0 arida,who is
personally known to me or who ff 1 yy;; a Driver's • •nse as identification.
7 lli _11 • ..aIIIVA4:4 ; KAREN G BAILEY
/ 0'ARY PUBL '' ••_ tit COMMISSION is EE875121
Myt ouitnissian expires: ' %, „M1 � EXPIRES February 14,2017
,t J '-,z.,�- ` 1 \ \ 1ioi' 'i.016I Fbrid*NCbrySo+ic�a oom
/ /PAYMENT OF FINES: Any fines old --_ b r. . . t 1+1 er may be paid at the Collier County
Code Enforcement Department, 00 or i''1t e oo •► .1,,' el i a.1 F 104,1fax ti(239)252-2343. Any
release of lien or confirmation ofFom. i ce o co firm lone t e tis action of the obligations of this Order
may also be obtained at this location i*'�,,,_..,- I ti,}
APPEAL: Any aggrieved party ni eal a final order of th to d#o th�eiycuit Court within thirty(30)days
of the execution of the Order appeal 1A appeal shall not be a e gee*6,but shall be limited to appellate
review of the record created within the't\Cri..iI 4hearing. It is the res ofisb3Tty of the appealing party to obtain a
transcribed record of the hearing from the lt'k Qf-Couits. Finn an Appeal will not automatically stay the
Board's Order. I r I\3 _
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Real
Estate Holdings of Tienda Mexicana,Inc.,4227 Regal Ct., *el. Beach,FL 33445,R.A.: Antonio Puente,3740
Lowson Blvd.,Delray Beach,FL 33445 this day of .r .4/2014.
/ - ( -w 6/ i
M..16,n.Rawson,Esq.
Florida Bar No.750311
681 Goodlette Road N.,Ste.210
State 01 Fionoa - Naples,Florida 34012
County of COWER (239)263-8206
I 1-}EREI Ytkth FYriN,ATthis is a true and
corre t cdpy of ati6pijtertt rs file in
Board lC1 nufes;:;vridRe .rtl5 if Collier County
WITNESS my- .ftd aDd ofilcial seal this
ID* GHf.Er:BROOK• - f2K'OF COURTS
1�; I. ag ui► 14*"!
a
r
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Collier County Code Enforcement
Case Number CESD20120006666
RE: 217 North 15th St.
Immokallee, FL 34142
December 7, 2015
To whom it may concern:
I am writing this letter to request leniency concerning Case Number CESD20120006666
due to financial hardship and other causes to be explained so forth. I would like to request
that the fine be forgiven and reduced to a substantially lower amount that is agreeable
between all parties involved.
On or about May 4, 2012, my property and business located at 217 North 15th Street in
Immokallee, were inspected and observed. It was revealed that alterations had been
made by the previous owner to myself and the necessary plans and permits to do so were
never obtained. As a result, we tried to obtain the necessary plans and complete the
requirements necessary to bring the property up to code. This took many different
contractors and time that we had not antcipated when purchasing the property. As a
result, this was also an expense that we had not accounted for. To clear up all the
violations and get everything up to code. I have had to pay approximately $25,000.00 not
including the time necessary there.
I do not wish to dispute the violations, except for the fact that they were passed on to me
by the previous owner without my knowledge. I know that fines are meant to deter
further incidences, but I am afraid the penalties in this case are extremely severe. At this
time, I am not able to pay the total amount of accumulated fines due to other financial
obligations that have caused a hardship on myself. I sincerely request that you consider a
reduction in the total amount due that is acceptable to all parties involved. I am more
than willing to pay what I believe is reasonable which is the sum of S2,000.00. I hope that
you will find this amount fair so that we may all move on.
I am grateful for your consideration and understanding.
"Thank you.
Ogab Abuogab
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