Agenda 04/26/2016 Item #16A14 4/26/2016 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$32,250 for payment of $682.13, in the code enforcement action entitled Board of County
Commissioners v. Gabriela Guzman, Code Enforcement Special Magistrate Case No.
CEPM20100002802,relating to property located at 17034 Lockhart Drive,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$32,250, for payment of$682.13, in relation to
the Code Enforcement Special Magistrate Case No. CEPM20100002802.
CONSIDERATIONS: As a result of a code violation at 17034 Lockhart Drive, consisting of a
vacant mobile home with several property maintenance violations, the Special Magistrate
ordered the imposition of lien against Gabriela Guzman, in Case No. CEPM20100002802. The
lien was recorded in the Official Records on November 8, 2010, at O.R. Book 4621, Page 2352,
and it encumbers all real and personal property owned by Gabriela Guzman. The lien amount of
$32,250 is based on 129 days of accrued fines ($250 per day from September 7, 2010 through
January 13, 2011). Operational costs of $112.82 were previously paid. The property was
brought into compliance on January 13, 2011.
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 $682.13 in settlement of fines. The owner is
requesting a waiver of$31,567.87 in accrued fines, see attached hardship letter as required.
FISCAL IMPACT: Payment of$682.13 in settlement of fines has been made. If approved by
the Board, accrued fines in the amount of$31,567.87 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 $31,567.87, accept payment
amount of$682.13, release the lien, and authorize the Chairman to sign the attached release and
satisfaction of lien for recording in the Official Public Records.
[16-CED-01113/1244967/1]
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4/26/2016 16.A.14.
Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management
Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship Letter
•
[16-CED-01113/1244967/1]
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4/26/2016 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$32,250 for payment of$682.13, in the code enforcement action entitled
Board of County Commissioners v. Gabriela Guzman, Code Enforcement Special Magistrate
Case No. CEPM20100002802, relating to property located at 17034 Lockhart Drive, Collier
County, Florida.
Meeting Date: 4/26/2016
Prepared By
Name: BuchillonHelen
Title: VALUE MISSING
3/21/2016 10:50:42 AM
Approved By
Name: Burgoslliana
Title: Supervisor-Operations, Code Enforcement
Date: 3/21/2016 11:49:09 AM
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/22/2016 8:57:44 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/22/2016 2:32:00 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 3/22/2016 2:32:48 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/22/2016 4:05:40 PM
Name: MarcellaJeanne
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4/26/2016 16.A.14.
Title: Executive Secretary,Transportation Administration
Date: 3/24/2016 9:56:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/2016 3:55:25 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 4/7/2016 2:38:20 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 9:39:54 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 9:50:52 AM
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4/26/2016 16.A.14.
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:
Gabriela Guzman,
Respondent
The lien was recorded on November 8, 2010, in Official Records Book 4621, Page 2352, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of nine
thousand eight hundred sixty-two dollars and eighty-two cents ($9,862.82), 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
CEPM20100002802
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INSTR 4493334 OR 4621 PG 2352 RECORDED 11/8/2010 9:35 AM PAGES 3
RIIGHT7E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/26/2016 16.A.14.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM—2010-0002802
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
GABRIELA GUZMAN,
Respondent.
R CO
ORDE' DTM r.of fa,.TRATE
ti
P".;OSING FINES/L':
THIS CAUSE came efo t _•. cia 7 a . :to for ubl hearing upon the Petitioner's
Motion for Imposition of Fi s/L e s. , •- _ • e S secial Magistrate, having heard
argument respective to all a'Jiro e . '! s �s Fin,ings of Fact and Order of the
Special Magistrate,as follows
FINDINGS 0 CTS"'
• 0
1. On August 6, 2010, Respon:eft. .s found guilty of vi• .I • the Collier County Code of Laws
and Ordinances,Chapter 22,Artie VI)all ion 22-231, s s 1,9, 12b, 121, 12o, 12p, 19 and 20
for vacant mobile home with several • W ,,jj • :€e. e 7tions, which violations occurred on the
property located at 17034 Lockhart Drive, V' ; 5. . •10765000002.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 6, 2010, 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 4597,PG 1016).
3. Operational costs of$112.82 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 07-44 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.07-44,it is hereby ORDERED:
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OR 4621 PG 2353 4/26/2016 16.A.14.
• A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 39 days for the period from
September 7,2010 to October 15,2010 for a total amount of fines of S9,750.00.
C. Respondent shall pay the previously assessed operational costs of$112.82.
D. Respondent is ordered to pay fines and costs in the total amount of 59,862.82 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida.
E. The daily fine of S250.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this 1 t JAday of O -
�1 . ,2010 at Collier County,Florida.
COLLIER CO` CODE ENFORCEMENT
r. T
O ipy 0 / 1
C BREN t. . '. ''SON
PAYMENT OF FINES: Any fines •ae, ,. ' ►••,y., ,Q 1 t to this order may be paid at the Collier
County Code Enforcement Department,281 �i• :"1:,. oe Drive,Naples,FL 34104, fax#(239)252-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the
Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a
hearing de novo,but shall be limited to appellate review of the record created within the original hearing.
It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk
of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s)—Gabriela Guzman
Collier Co.Code Enforcement Dept.
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;ounty of COLLILIt
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*** OR 4621 PG 2354 ***
• 4/26/2016 16.A.14.
Search Results Page 1 of 2
Collier County Tax Collector
3301 Tamiami Trail East
Naples, FL 34112-4997
2010 Tax Roll Inquiry System
Print this page
11 OWNER INFORMATION I PROPERTY INFORMATION I
Name:l$GUZMAN,GABRIELA 1Parce1:1100765000002 11 Acre:11.19 1
Address:1117034 LOCKHART DR Loe:117034 LOCKHART DR NAPLES IMaD)(GIS View)!
Address:11 IM1120 51 27 BEG AT 114 CNR OF I
Address:11 1 Legal:11SEC 17+20,S 2176.21FT,W 1
Address:$( 1 Lega1:11934.48FT TO POB,W SOFT,N I
Address:11NAPLES.FL 341144922 Legal:1135FT,E SOFT,S 135FT TO FOB l
VALUEiEXEMPTiONS I I TAX INFORMATION I PAY TERMS I I PAYMENT INFO I
Market Value:1f 19,879 1 County: MIMI li�'i . 0 :1401.72 I 1 Paid Dt:110010010000 (
r—Tli"— r— y 405.91
Taxable Value:1119.879 ! School,,;IS��T,. ;,� ��� 1 Recptl 0
Miliage Code:1 223 Schojara311M 11.11111111iMIL 0.09 Mach:10 I
Homested Ex:110 I S rI' ommio$ttazim 1 Paymt:l 0.00
AgricltrEx:l$0 1 _a yu zi ii�®�� � Mort:10 I
Widow Ex:1 0 �1IMri � _ � j° � I STATUS INFO. I
Blind Ex:110 1 Nefn'a FiTS13si� i 1it.`��m Non Ad Va:lY 1
Disabled:110 I i'I � .��F":.aim l• No 'Zt8 ammo installment N
Veteran Ex:110 1 Q` i Pa i tr e L ( 1
Wholly Ex:110 1 1:r 1 Deferred:i N 1
11 ��T'�' .0 x'i`, 1 Banknipt:11N 1
Civilian Ex:1 0 1 AdvYj,711 0.00 — -4 I TDA:110
I'*Non Ad Valorem Amount Included in Gross Tax I
I Non Ad Valorem Authorities I
I NON AD VALOREM INFORMATION 1
'Type IlAuth# i$Auth Name 11Per ilAmount I
$Garbage 119013 11Garbage 1{Dist 1 11173.49 I
I COMMENTS I
*
'Non Ad Valorem Amount Included in Gross Tax
I EXTRA LEGAL INFORMATION
10R 2066 PG 687
[ CERTIFICATE INFORMATION I
[Tax Year 11Spiit 11Cert.# 11Date Issued 11Paid Date 11Rec# ilMach I Sts 1TDA I$Amount Paid I
12009 110 111001.10 110710112010 1100/00100 110 110 Milo 110.00 I
`,�nrduo t,ru: 11703.60
NOVEMBER.2010 ll
1 1i(Certificates must be paid with cash,cashiers check or money order.) Il
(Amunt due thru: ft713.33 1
DECoEMBER,2010
I I
Packet Page-590 &page=1&tc=1&tax year=2010 11/3/2010
1,ttn•//www.cnili ertax.com/search/view.ono:i,.,—1,. .,...,
IN$TR 4466263 OR 4597 PG 1016 RECORDED 8/20/2010 12:54 PM PAGES 2 4/26/2016 16.A.14.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM-2010-0002802 /
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
GABRIELA GUZMAN,
Respondent.
/
ORDER O -ISTRATE
r�
THIS CAUSE came on fo .u. hearing before the :aCia agistrate on August 6, 2010, and
the Special Magistrate, having earl - •• under oath, re.eive, evidence, and heard argument
respective to all appropriate m= ters he • issu s its ' n•ings o ac Conclusions of Law,and Order
of the Special Magistrate,as fo low•: r m 47". .!. ,`
1. Respondent,Gabriela an,is the owner of t'.<<. sub ect .gyp rty.
2. Respondent was notifies �;
date of hearing ..by ce ' , '.it and posting and the Special
Magistrate has jurisdiction of this m• tE 1.
n having been duly not " `+too.o. ar for the public hearing.
3, Respondent, g
4. The real property located at 17034 Lockhart Drive,Naples,Florida,Folio #00765000002, is in
violation of Collier County Laws and Ordinances,Chapter 22,Article VI,Section 22-231,Subsections 1,
9,12b, 121, 12o, 12p, 19 and 20,in the following particulars:
Vacant mobile home with several property maintenance violations.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority
granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County 12p and Laws and Ordinances, Chapter 22,
Article VI,Section 22-231,Subsections 1,9,12b, 121,12o, ,
B. Respondent must abate the violation by hiring a general contractor licensed in Collier County to
obtain all required permits,inspections and certificates of completion/occupancy to correct all violations
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*** OR 4597 PG 1017 *** 4/26/2016 16.A.14.
to the mobile home as listed on the Property Maintenance Inspection Report dated 2-17-10 or hire a
general contractor licensed in Collier County to obtain permit, inspections and certificates of completion
for the demolition of the mobile home on or before September 6,2010 or a fine of$250.00 per day
will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violations.If necessary,the County may request the services of the Collier County Sheriff's
Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed
against the property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.82 on or before September 6,2010.
E. Respondent shall notify the Code Enforcement Investigator, Joseph Mucha, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
�r�� CO
DONE AND ORDERED th • ''R,._ny o �■`..� 2010 at Naples,Collier
County,Florida. N
Stab, oa Fu-3tt t ,.,, . .
...u�X ::C l E`, •• CODE ENFORCEMENT
1 RfiFt T MS #r) '' • TE
'offset c Y of ioti
oil fife to .,, l
Board M{�ttos fl'd. oluuer F. ()
Mtetfl- ct o afld .� .seal this
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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,fax#(239)252-
2343. 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.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.
cc: Respondents—Gabriela Guzman
Collier Co.Code Enforcement Dept.
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4/26/2016 16.A.14.
Gabriela (Guzman) Flores
32909 State Hwy 100 17FE8 16 3:09P;
Los Fresnos,Texas 78566
(956)572-5977
February 9, 2016
To whom it may concern:
I Gabriela (Guzman) Flores am writing this letter to you, in regards to the address of 17034 Lockhart Dr.
Naples,Florida 34114. I would like to first of all apologize for all the time it has taken to do this, I have
been living in Texas since July of 2009, My brother Edgar Guzman has been the person to help in my
personal matters since 2009 being that I am unable to travel back and forth to Florida from Texas due to
my poor economic resources.
About five years ago,my brother had notified me that Collier County had inspected the property at
17034 Lockhart Dr.A mobile home was on said property,and was requested to repair or demolish such
mobile home. Due to my economic status I was unable to repair it,so I asked my brother to please help
me demolish and dispose of material,which he did promptly. I know that during the process,fines and
county costs accumulated.At this time I am unaware of the totality of such fines,but would like to
resolve this matter with Collier County.
I would like to repay as much as I can,if a payment plan or other arrangement can be established. I am
authorizing Edgar Guzman(brother)and/or Graciela Guzman, my mother to act on my behalf,due to my
absence. I would truly appreciate if we can resolve this. Please advise if arrangements can be made as I
would not like to lose the property in question
If any questions,do not hesitate to contact me at(956)572-5977.
`"0 pc SC:41cw,-e�,
Attentively
, 00Le,LAA_• j+-4-ifts
Gabriela (Guzman) Flores
sun or...
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