Agenda 06/28/2016 Item #16A13 6/28/2016 16.A.13.
EXECUTIVE SUMMARY
t"'1
Recommendation to approve the release of a code enforcement lien with an accrued value of
$310,480 for payment of $530, in the code enforcement action entitled Board of County
Commissioners v. Virginia Villarreal, Code Enforcement Board Case No. CESD20110002682,
relating to property located at 1314 Tangerine Street,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 $310,480 for payment of $530, in relation to the Code
Enforcement Board Case No.CESD20110002682.
CONSIDERATIONS: As a result of a code violation at 1314 Tangerine Street,consisting of two sheds
erected in rear of the property without first obtaining a Collier County Building Permit, the Code
Enforcement Board ordered the imposition of a lien against Virginia Villarreal, in Case No.
CESD20110002682. The lien was recorded in the Official Records on April 11, 2012, at O.R. Book
4784, Page 1742,and it encumbers all real and personal property owned by Virginia Villarreal. The lien
amount of$310,480 is based on 1,552 days of accrued fines($200 per day from January 26,2012 through
April 25, 2016), plus $80 in operational costs. The property was brought into compliance on April 25,
2016.
Pursuant to Resolution No. 2012-46, a request for waiver of fmes 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$530 in settlement of fines. The owner is requesting a waiver of$309,950 in accrued fines, see
attached hardship letter as required.
FISCAL IMPACT: Payment of$530 has been made,representing$450 in fines and$80 in operational
costs.If approved by the Board,accrued fmes in the amount of$309,950 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 $309,950, accept settlement payment
amount of$530,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:Michael Ossorio,Director,Code Enforcement Division,Growth Management Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
[16-CED-01131/1257664/11
Packet Page-700-
6/28/2016 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$310,480 for payment of$530, in the code enforcement action entitled
Board of County Commissioners v.Virginia Villarreal, Code Enforcement Board Case No.
CESD20110002682, relating to property located at 1314 Tangerine Street, Collier County,
Florida.
Meeting Date: 6/28/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
5/20/2016 10:06:07 AM
Approved By
Name: OssorioMichael
Title:Division Director-Code Enforcement,Code Enforcement
Date: 5/23/2016 9:19:24 AM
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations, Code Enforcement
Date: 5/23/2016 11:10:47 AM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 5/26/2016 4:24:24 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/26/2016 5:15:35 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/26/2016 5:16:20 PM
Name:NoellKevin
Packet Page-701-
6/28/2016 16.A.13.
Title: Assistant County Attorney,CAO General Services
Date: 5/27/2016 12:52:07 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/1/2016 10:58:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2016 8:34:57 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 6/15/2016 10:13:02 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 6/16/2016 11:04:30 AM
n
Packet Page-702-
6/28/2016 16.A.13.
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:
Virginia Villarreal,
Respondent
The lien was recorded on April 11, 2012, in Official Records Book 4784, Page 1742, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven
thousand four hundred eighty dollars ($11,480), 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
CESD20110002682
[16-CED-01131/1257666/1]
Packet Page -703-
IN5TR 4679330 OR 4784 PG 1742 RECORDED 4/11/2012 3:15 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.A.13.
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20110002682
vs.
VIRGINIA VILLARREAL,
Respondent
/
ORDER IMPOSING FINE/LIENS
THIS CAUSE came on for public hearing .• • . :oard on October 27,2011,after due notice to
Respondent at which time the Board heard tes '. .•• is ',e o•4 i. ,"ved evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon is • ' -. :.0 : . • • ' '• •uced to writing on November 2,2011,
and furnished to Respondent and was - . qb• the Public Recor S• -er County,Florida at OR 4734,PG
2813,et.seq.on November 8,2011.
i
An Affidavit of Non-Com.lian a h.•.`'. : Ile. "th e t oard by .e a..a Enforcement Official on
January 26,2011,which Affidavit rti I •.•• .r •:: .a- v,�-:• ..--:_ - "v=action has not been taken as
ordered. 111
t
Accordingly,it having be . . , t . • :•ar:'• a•.-ntionr at Respondent has not complied with the
Order dated November 2,2011,it .• `' /',v/
ORDERED,that the Resp...►.,.. Virginia Villarreal,p••'• . sill- . ty fines in the amount of 511,400
(Order Items 1 &2)at a rate of$201►, �'1: 'r the period of Jan . =. 'i ry.ugh March 22,2012(57 days),plus
operational costs of$80.00 for a total . • :0.00.
IT IS FURTHER ORDERED .. •.•• •. 'I.. ".MO shall continue to accrue until Respondent
comes into compliance or until Judgment is ••' i p Eel .. ose 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 shalllan'o't stay the Board's Order.
DONE AND ORDERED this (-r�k day off- '2012 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER CO Mk , - if ' DA
,.-. r�
,. BY:
Stare 01' ID ",'', .`,1'�* :. Kenneth Kelly,Chair
�OUiltyf'Of�+fll=�-1 -e--,'.•••.: • 2800 North Horseshoe Drive
Naples,Florida 34104
i HEREBY CERTIFf THAT.h S.IS u '6110 algid• '
:orrect copy or;g'i'o�tit tef)'ti Me In
3oard Minutes•.arid, rov,';pf:Coliler.Countt —
0r SS rr;v:il:„./(1 a'•oi0i "ll`seal this
c"• aY .. to
DWIGHT E;;C•R%k,CLERIC QF COURTS
i f .�-A^ ;\,y; •
d Packet Page -704-
\ki1 �Y'r ..
OR 4784 PG 1743 ** 6/28/2016 16.A.13.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this'1 day of ,
2012,b enneth Kelly,Chair of the Code Enforcement Board of Collier Coditty,Florida,who is
o 1 a who h produced a Florida Driver's License as identification.
Pe KPublic E. of t�1�J
"�. Notary Public State• of Florida } J\J^'�^"�
•: Comm.Expires Jun 18,2015 N TARP PUBLIC
• •
};, My Commission#r EE 87272
My• commission expires:
Bonded Through National Notary Assn. P
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of th's WIER has been sent .1U.S.Mail to Virginia
Villarreal, 1314 Tangerine Street,Immokalee,Fl• • • day of ell,.11 ,2012.
G M.Jean IV sem.
Florida Bar No. 031
:: = Street .,S 102
.• es,Flo 'da 3410' \
0
rt
.?"`r I L
Off, •
E
Packet Page -705-
INSTR. 4624610 OR 4734 PG 2813 RECORDED 11/8/2011 3:40 PM PAGES 3
3DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.A.13.
REC $27.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20110002682
vs.
VIRGINIA VILLARREAL,
Respondent
I
FIN,I t e - .L. 9u •L IONS
0 rAtJ 'D ORDER 0-4q '1! •RD
THIS CAUSE came on for public • : • • • :oard on • ober ,20 1,and the Board,having heard
testimony under oath,received ev• • , : r. 've • ll appro.•riat.matters,thereupon issues its —
Findings of Fact,Conclusions of • ••• :';
J s b'.•fIe1 '
2. That the Code Enforcem-• :•and has jurisdiction o le pe ••n o 'espondent and that the
Respondent,having been duly not s =speared at the public • g • • •d into a Stipulation.
3. That the Respondent was no es • the date of hearing by > • mail and by posting.
4. That the real property located at 1 • : ' - +• ntjaadkalee,Florida,Folio 30732800001,more
particularly described as Lot 16,Block 11,ED • ' :+s►N • ••ition,according to the plat thereof,as recorded in
Plat Book 5,Page 3,of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier
County Land Development Code,as amended,section 10.02.06(BXl Xa)in the following particulars:
Two sheds erected in rear of the property without first obtaining a Collier County Building Permit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No.04-41,it is hereby ORDERED:
That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section
I0.02.06(B)(1)(a)be corrected in the following manner.
1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting
all required inspections through certificate of occupancy/completion within 90 days(January 25,2012).
2. That if the Respondent does not comply with paragraph I of the Order of the Board by January 25,
2012,then there will be a fine of$200 per day for each day until the violation is abated.
Packet Page -706-
OR 4734 PG 2.814 6/28/2016 16.A.13.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
4. That if the Respondent fails to abate the violation,the county may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to the property owner.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.00 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not:stay the Board's Order.
'
DONE AND ORDERED this' 1)0day of 130\/. ,2011 at Collier County,Florida.
•Liar ::�,,:. T :OARD
`�� 0-IEE'.07 Y •RIDA
cp ,t- -,.- " *lg.tell
' .. . `��� hair
_ .i: J'T " o 1 Drive
•.143,lori.•'►. 04
STATE OF FLORIDA ) It1) )�$
)SS: 0
COUNTY OF COLLIER) C\.1 ,� `-(
The foregoing instrument was ac . • edged before me this_.,CC day • %,. t. ,10E,
2011,by Robert Kaufman,Vi . ,f the Code Enforcement,.•• ' of • I County,Florida,who is
personally known tome or !, who has produced a '• 9 eLicense as identification.
KRISTINE TWEHTE
+( 'Q'+; Notary Public••State of Florida N(�P + ' • s
( _. ••• •r My Comm.Expires Jun 16,2015 • Sh••'s ':, •. "s:
=ss a- I Commission EE 67272
4 '� «P Bonded Through National Nabry Assn• CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Virginia
Villarreal, 1314 Tangerine Street,Immokalee,Florida 34142 this71-'day of .j pmt 1. .e..---,2011.
//q
M.Jean wson,Esq.
Florida Bar No.750311
Stator ei 2375 North Tamiami Trail,Ste.208
'�� •,.- Y;r•it-; -... ales,Florida 34013
• 1• ,'4,'"
2Ei3-8206
I HERE1Y CERTIf,,"NIT t!iP!isa! MP
:orrect copy pt,s't o urrttn,op Ms in
Board Minuttii.•sinip;R`p(lt-��iios=;of*Attar Colmar
•
2PCIalf:of V!r l r 7�.:i' .'
IIS TWI HT E. �
'BROOK; CLERK bf come
•v IL , •. A .�..# _` :-___ s ket Packet Page -707-
.M.A, WISII----..„. .ar
*** (IR 4734 PG 2815 ***
6/28/2016 16.A.13.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CESD20110002682
Virginia Villarreal
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Virginia Villarreal, on behalf of herself and enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CESD20110002682 dated the 3rd day of May, 2011.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for October 27, 2011; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick an• - :- 'sus resolution of the matters outlined therein the
parties hereto agree as follows: �R CO 74
1) The violations noted in the refere ► •tire of Violation ar aat ate and I stipulate to their existence.
THEREFORE, it is agreed between he •- = t - - -• :•t .4aII;
1) Pay operational costs in the alma t o ;81 so ' , ed i th- p s ution of this case within 30
days of this hearing. c - `
2) Abate all violations by: Apply • •r and obtaining a • tier o 1 :uilding Permit or Demolition
Permit and request require• Ikeections to be p . -• a d pass thru a certificate of
completion/occupancy within 96 in of this hearing or a - • 00.00 per day will be imposed
until the violation has been abate.
IIE CIRCO
3) Respondent must notify Code Enforcement wi in 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
Respw'dent or Representative (sign) Diane Flagg, Director (i
.11
r Code Enforcement Department
Y1Y(clnn. \i‘1k.(Iv �({ L i' / / / I
Respondent or Representative (print) Date
1 v -- 2- i —Zo\\
Date
Packet Page -708-
6/28/2016 16.A.13.
April 25, 2016
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, FL 34104
Ref.— 1314 Tangerine Street, Immokalee, Florida 34142
CENA20160005612, CEPM20150021740, and CESD20110002682
To Whom It May Concern:
I am the owner of 1314 Tangerine Street in Immokalee. This property was my primary
residence from July 1987 until October 2015 when a house fire forced me from my home.
The building is damaged beyond repair. I am a single person and my income was
primarily earned from our family business that we ran in Immokalee on New Market
Road since 1964. Unfortunately I did not have insurance on my home and since the fire I
have been living with family. Reluctantly I decided to sell the property on New Market
and use the sale proceeds to buy or rebuild a new home for myself. I did not have the
money to demolish the house on Tangerine and was relying on the sales proceeds to do
that as well. I found a buyer for my building on New Market but learned that I have a
lien against me for one or more of the code violations on Tangerine. I was able to locate
a contractor that could demolish the fire damaged building and shed on Tangerine and
abate the violations. He was willing to wait to get paid from the sale of New Market.
That demolition job and the related cleaning of the lot are now completed. The permit for
the demo is PRBD2016041207901 and is attached. All of the violations have been
abated.
I am able to pay the costs associated with these violations but the accumulated fines
would be a hardship that I am not able to pay. Please accept my request to abate the fines
related to these violations and release the lein.
Sincerely,
j;:e-ea/24J2-0--P
Virginia Villarreal
e 3�- 6 -7c -6)307? el‘
Packet Page -709-