Agenda 06/28/2016 Item #16A15 6/28/2016 16.A.15.
EXECUTIVE SUMMARY
/-"\
Recommendation to approve the release of a code enforcement lien with an accrued value of
$180,681.15 for payment of $3,000, in the code enforcement action entitled Board of County
Commissioners v. Cassia Poviones, Code Enforcement Board Case No. CESD20120017981relating
to property located at 3030 39th Street SW,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$180,681.15 for payment of$3,000, in relation to the Code
Enforcement Board Case No. CESD20120017981.
CONSIDERATIONS: As a result of a code violation at 3030 39th Street SW,consisting of a demolition
and remodel in progress without Building Permits, the Code Enforcement Board ordered the imposition
of a lien against Cassia Poviones, in Case No. CESD20120017981. The lien was recorded in the Official
Records on October 9, 2013, at O.R. Book 4973, Page 2094, and it encumbers all real and personal
property owned by Cassia Poviones. The lien amount of$180,681.15 is based on a total of 903 days of
accrued fines (at $200 per day from June 25, 2013 through December 14, 2015) plus $81.15 in
operational costs. The property was brought into compliance on December 14,2015.
After a Foreclosure (Case No. 2013-CA-0267), the property was acquired by Lakeview Loan Servicing
LLC c/o M&T Bank,via amended certificate of title which was recorded on July 13, 2015. M&T Bank
accrued fines for 124 additional days, while bringing property into compliance. The proper demolition
permit was obtained and the certificate of completion.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code
enforcement lien encumbers property that is under new ownership and compliance has been achieved.
The property is being actively maintained and the new owner has paid $3,000 in settlement for the
additional accrued fines. The new owner is requesting a waiver of$177,681.15 in accrued fines.
FISCAL IMPACT: Payment of$3,000 has been made, representing $2,918.85 in fmes and $81.15 in
operational costs. If approved by the Board, accrued fmes in the amount of $177,681.15 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 fmes in the amount of$177,681.15, accept payment amount of
$3,000, 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: Michael Ossorio,Director,Code Enforcement Director,Growth Management Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
[16-CED-01130/1257655/1]
Packet Page-730-
6/28/2016 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$180,681.15 for payment of$3,000, in the code enforcement action
entitled Board of County Commissioners v. Cassia Poviones, Code Enforcement Board Case No.
CESD20120017981relating to property located at 3030 39th Street SW, Collier County, Florida.
Meeting Date: 6/28/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
5/20/2016 9:46:10 AM
Approved By
Name: OssorioMichael
Title:Division Director-Code Enforcement,Code Enforcement
Date: 5/23/2016 9:19:01 AM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforcement
Date: 5/23/2016 11:10:24 AM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 5/26/2016 4:24:15 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:49:24 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:50:13 PM
Name:NoellKevin
Title:Assistant County Attorney,CAO General Services
Packet Page-731-
6/28/2016 16.A.15.
Date: 5/31/2016 11:56:18 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/1/2016 11:06:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2016 8:38:51 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:36:02 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/16/2016 11:10:29 AM
Packet Page-732-
6/28/2016 16.A.15.
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:
Cassia Poviones,
Respondent
The lien was recorded on October 9, 2013, in Official Records Book 4973, Page 2094, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
eighteen thousand eight hundred eighty-one dollars and fifteen cents ($18,881.15), 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
-70/i
Kevin Noell
Assistant County Attorney
CESD20120017981
Packet Page -733-
' INSTR 4900113 OR 4973 PG 2094 RECORDED 10/9/2013 8:44 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.A.15.
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120017981
vs.
CASSIA POVIONES,
Respondent
7,41.4R
EdiIIPII�G NTHIS CAUSE came on for pug before the Board o 5,2013,after due notice to
Respondent at which time the Board ar• timony under oath,receive vide.ce,and issued its Findings of Fact
and Conclusions of Law and thereup n is e• • .1 • . • • as red ed t, writing on May 1,2013,and
furnished to Respondent and was re ord.• in the Pu r i •' -•••rds of• oilier C un Florida at OR 4917,PG 3032,
et.seq.on May 8,2013,covering t e re. • ,•.i • . e• . -1t - ., S.W. Naples,Florida 34117,Folio
38054880002,more particularly descri• d .. •o 151 Al- - .1 G eLDEN GATE ESTATES UNIT
NO.28,according to the Plat there, .- ec• •:• ' . s•• c Page• ' an• p, 'ublic Records of Collier
County,Florida .
An Affidavit of Non-Comp . •- 'as been filed with th4._. • b la••de Enforcement Official on June
25,2013,which Affidavit certified un•-i a• that the required correc ' a I . has not been taken as ordered.
Accordingly,it having been brou a oard's atte .:• �7 '
t spondent has not complied with the
�
Order dated May 1,2013,it is hereby 7'
ORDERED,that the Respondent,Cassia Povi. - , •. to Collier County fines in the amount of$18,800.00
(Order Items 1 &2)at a rate of$200.00/day for the period of June 25,2013 through September 26,2013(94 days),
plus operational costs of$81.15,for a total of$18,881.15.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into
compliance or until Judgment is rendered in a suit to foreclose 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 shall
(�not
�aystay the Board's Order.
DONE AND ORDERED this 3 day of�* ,d.�-''`013 at Collier County,Florida.
••DE ENFOR EMENT BOARD
State of Florida COLLIER C• TY F e 'IDA
County of COLLIER _ � ��
TIFY THAT.tiis• a a true and B •4:�/./It....r
I HEREBY CEf� .�' •._ ;�.,ert Kau toTIFir
correct copytol a document onfftle iq28 0 Non e Drive
Board Minutes and.Reoords`ot Collier County
hand and p1 iCS seat his ► .pies,Flori•: 104
W NESS roy a Qt s
_ .�day of -t :,,
DWIGHTBROCK:CLER :OF...COURTS
4.1.0s(s,, ,,,N.,, :ta.C. (7
Packet Page -734-
.*** oR 4973 PG 2095 *** 6/28/2016 16.A.15.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) Ll
The foregoing instrument was acknowledged before me this J day of�1 C.k>Gr*,
201,3)y4obert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or who has roduce. . . '.a Driver's License as identification.
'1°i' 1 A
NOT Y PUBLIC II
My commission expires: .,944;•‘,.. KAREN G BAILEY
• '„-: •`: MY COMMISSION#EE875121
CERTIFICATE OF SERVICE ,•c''''"`,` EXPIRES February 14.2017
a07)
•• 34l53 Flo.ideNces Se.iee.tem
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Cassia
Poviones,3030 39th Street S.W.,Naples,Florida • w ��► • y of (2013.
\ v\1 , 9044 40.1 -
(..)0M.Je•t9'awsol :`.. '
Florida Bar No.7 i 11
.: ... •'e Road .,St .210
/ • .p s Flori•a 3401.
Clr:.ii 8.i'
1 E-2
4, ..
,
v
:,,,
4:kj 0
'ft\N--------''' 94'
SIE CG
Packet Page-735-
INSTR 4835682 OR 4917 PG 3032 RECORDED 5/8/2013 12:34 PM PAGES 2 6/28/2016 16.A.15.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
CASE NO.:CESD20120017981
vs.
CASSIA POVIONES,
Respondent
F Pi . QQ51:4; ►y- IONS
O• � , , � ORDER 0 .-F-71g • •
THIS CAUSE came on for public ' arin: • : • .• :oard on A.ril 25,s 013,and the Board,having heard
testimony under oath,received e •$enc ,an, ..•re • ctiv • 11 appro•ri -matters,thereupon issues its
Findings of Fact,Conclusions of .w, , •n•er • e :: • •w '
1. That Cassia Poviones is e• ;r of a ub ec • • ,
2. That the Code Enforcem :•and has jurisdiction o • e pe •n o 'espondent and that the
Respondent,having been duly no ailed to appear at the •• ic • • • rson.
•
3. That the Respondent was no, $ed,. the date of hearing by ••i -'a mail and by posting.
4. That the real property located at :'0 '" rr „tti, Florida 34117,Folio 38054880002,more
particularly described as the South 150 feet o :# ‘f ar s GATE ESTATES UNIT NO.28,
ACCORDING TO THE Plat thereof,as recorded in Plat Book 7,Pages 19 and 20,Public Records of Collier
County,Florida,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,
Sections 10.02.06(BXI)(a) in the following particulars:
Demolition and remodel in progress without Building Permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law 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,as amended,the Collier County Land Development Code,
Sections 10.02.06(B)(1)(a)be corrected in the following manner:
1. By obtaining all required Collier County Building Permit or Demolition Permit through required
inspection and certificate of completion/occupancy within 60 days(June 24,2013).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 24,2013,
then there will be a fine of$200 per day for each day until the violation is abated.
Packet Page -736-
I
,- **= OR 4917 PG 3033 *** 6/28/2016 16.A.15.
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 Sheriff's 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$81.15 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 \ day of C ,2013 at Collier County,Florida.
4:z. y•�- .RCEMENT BOARD
, '' �i;i�1TY,FLO' uA
. .'e rt Kaufm �r
‘1011111111141.1 ,rthH.:+ Drive
STATE OF FLORIDA )
C)SS: �,COUNTY OF COLLIER) ^ ��V
The foregoing instrument was ac'L'
um .ged before me this y_,.. I f li, J
2013,)3/Robert Kaufman,Chair o'iii e.de Enforcement Bo.7,s, t offi.unty, lorida,who is
personally known to me or .•o has pr,•uced a . '• 01:'s License as identification.
,iie l - KAREN G BAILEY +.�' 1�`�1C ' _40*
1'I 1
c
�' MY COMMISSION#EEB75121 • A:' .�144
,▪�f EXPIRES February 14,2017 My commission expires:
00'13964163 FIadallotary9.•vlm.corn
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDE' .as been sent by U.S.Mail to Cassia
Poviones,3030 391h Street S.W.,Naples,Florida 34117 this ` day of Si 1 . 2013.
/1/7M. Rawson,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
681 Goodlette Road N.,Ste.210
State of Florida Naples,Florida 34102
Countyxi.f..:CaC LtER (239)263-8206
I:HERE8 ' JF>(' ,,j this is a true and
correct 'r . f
. CT`;GIO. .I .I -tft9In
Bata CEMinuA I ro5c1.C, ,,„9.r County
V2',a. ixr . - .- -SS:, daP offx Seal this
ayeOt ,
O' - �7 B pick •• 1+iph pF COl1RT r►
1 ��,1�.�Oell...;,,:• � `�./
Packet Page -737-