Agenda 06/28/2016 Item #16A17 6/28/2016 16.A.17.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$23,476.15 for payment of $676.15 in the code enforcement action entitled Board of County
Commissioners v. Tomatoes Plus, Inc., Code Enforcement Board Case No. CELU20120002552
relating to property located at 100 Madison Avenue E,unit A,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$23,476.15 for payment of$676.15, in relation to the Code
Enforcement Board Case No.CELU20120002552.
CONSIDERATIONS: As a result of a code violation at 100 Madison Avenue E, unit A, for storing
trailers, semi-tractor, cars, and camper trailers,the Code Enforcement Board ordered the imposition of a
lien against Tomatoes Plus, Inc., in Case No. CELU20120002552. The lien was recorded in the Official
Records on May 23,2014,at O.R.Book 5040,Page 2338,and it encumbers all real and personal property
owned by Tomatoes Plus Inc. The lien amount of$23,476.15 is based on a total of 155 days of accrued
fines (at $150 per day from March 7, 2014 through August 8, 2014) plus $226.15 in operational costs.
The property was brought into compliance on August 8,2014.
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
tTh Appointee has paid $676.15 in settlement of fines. The Appointee is requesting a waiver of$22,800 in
accrued fines,see attached hardship letter as required.
FISCAL IMPACT: Payment of $676.15 has been made, representing $450 in fines and $226.15 in
operational costs. If approved by the Board,accrued fines in the amount of$22,800 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 $22,800, accept payment amount of
$676.15, 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-01135/1258516/1]
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6/28/2016 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$23,476.15 for payment of$676.15 in the code enforcement action entitled
Board of County Commissioners v.Tomatoes Plus, Inc., Code Enforcement Board Case No.
CELU20120002552 relating to property located at 100 Madison Avenue E, unit A, Collier
County, Florida.
Meeting Date: 6/28/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
5/24/2016 3:31:14 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 5/24/2016 4:56:21 PM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 5/24/2016 4:58:07 PM
Name: FrenchJames
Title:Deputy Department Head-GMD, Growth Management Department
Date: 5/26/2016 4:28:32 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:30:37 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:31:17 PM
n
Name:NoellKevin
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6/28/2016 16.A.17.
Title:Assistant County Attorney,CAO General Services
Date: 5/31/2016 11:57:21 AM
Name:MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/1/2016 11:06:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2016 8:36:19 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:33:52 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/16/2016 11:07:46 AM
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6/28/2016 16.A.17.
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:
Tomatoes Plus Inc.,
Respondent
The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2338, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eight
thousand seven hundred seventy-six dollars and fifteen cents ($8,776.15), 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
Kevin NoeeII
Assistant County Attorney
CELU20120002552
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INSTR;4986218 OR 5040 PG 2338 RECORDED 5/23/2014 9:16 AM PAGES 2
DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.A.17.
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CELU20120002552
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TOMATOES PLUS INC.,
Respondent.
ORD . a • SPECIAL -OSTRATE
OSING FINES/LIE '
THIS CAUSE came r•efo the Sp • listra, for p bli• hearing upon the Petitioner's
Motion for Imposition of Fine- ie,. • '. , I ' liI S•-7. M.,.istrate,having heard argument
respective to all appropriate n .;a rs, he u n is- • 'i d r gs of act and Order of the Special
Magistrate,as follows: n
FINDINGS OF ri:: T
tl
1. On September 6,2013,Re ' - was found guilty . Ito . on of Collier County Land
Development Code 04-41,as .•• . • . •' .; . storing trailers,semi tractor,cars,and
camper trailers,which violation o =• r nail' •• located at 100 Madison Avenue E,Unit
A,Immokalee,FL,Folio#6386456000: -ga lescription:NEWMARKET SUBD BLK 46
LOTS 8 THRU 20).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before March 6,2014,or a fine of$150.00 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 4966,
PG 2080).
3. Operational costs of$112.20 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 2007-44,as amended,has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
Packet Page -755-
*** OR 5040 PG 2339 ***
• 6/28/2016 16.A.17.
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.
B. Daily fines of$150.00 per day are assessed against Respondent for 57 days for the period from
March 7,2014 to May 2,2014,for a total amount of fines of$8,550.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$112.20.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$113.95.
E. Respondent is ordered to pay fines and costs in the total amount of$8,776.15,or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
F. The daily fine of$150.00 shall -.t tfu _ `- .i • • .• ement has been confirmed by a Collier
County Code Enforcement a:.tor.
DONE AND ORDERED this maa A day of' r"111 2014 :t tiller County,Florida.
t ,`�+ c s J]Y CjODE ENFORCEMENT
L
lir
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 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.
State of Florida
County of COLLIER
cc: Respondent—Tomatoes Plus Inc. . chit"•.•,•�, ��� ;t ; ,..:`
Collier Co.Code Enforcement Dept. I HEREBY CERTIFY TH•A q, • I and. ,4 `. ,.:
n,
p correct copy of a document on n , , ,.+
Board Minutes and Recoirsrof. lher Cotmty,- '..
�l),TNBBS my hand and i#ticial' ea1 �1 ; r
Packet Page -756 da of 4 I _AIWA..��x'. -
INSTAR 4891665 OR 4966 PG 2080 RECORDED 9/18/2013 11:46 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 6/28/2016 16.A.17.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CELU20120002552
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TOMATOES PLUS INC.,
Respondent. WR OUAT
Y1,
OR►I _.t THE PECIAL MA a.`y tl; • TE
THIS CAUSE came in f•r p .` - . : befor e Speci.t M,gistrate on September 6,2013,
and the Special Magistrate, avi t-: • •ve• evidence and heard argument
respective to all appropriate ma"- by - i i s� .,d, .s if Fact and Order of the Special
�
Magistrate,as follows: 1
� jr�1
✓� FINDINGS OF A.�CT , J /
1. Respondent,Tomatoes P •
?`f the owner of the :iii. - roperty.
2. Respondent was notified of the .. -- is i ji i = died mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent,having been duly notified,did not appear at the hearing,but entered into a
stipulation.
4. The real property located at 100 Madison Avenue E Unit A,Immokalee,Florida,Folio
#63864560008(Legal Description:NEWMARKET SUBD BLK 46 LOTS 8 THRU 20),is in
violation of Collier County Land Development Code 04-41,as amended,Section 2.02.03 in the
following particulars:
Storing trailers,semi tractor,cars,and camper trailers.
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. 2010-04, it is
hereby ORDERED: Packet Page -757-
***,AOR 4966 PG 2081 ***
6/28/2016 16.A.17.
A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as
amended,Section 2.02.03.
B. Respondent must abate the violation by removing all unauthorized storage of vehicles and trailers
of any type to a site intended for such use on or before March 6,2014 or a fine of$150.00 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 violation using any method to bring the violation into compliance.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
$112.20 on or before October 6,2013.
E. Respondent shall notify the Code Enforcement Investigator,Weldon Walker,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this . y �a �3 at Collier County,Florida.
7 G COLLIER C• • ' CODE ENFORCEMENT
SPEC • MA T'•• TE
0 i i
OA
Ci (C
�� t 0,
iio
PAYMENT OF FINES: A. r - ordered to be pa"t _• t to this order may be paid at the
Collier County Code Enforcement 0:..�y�,�;I :!! ''1 114 :.shoe Drive, Naples, FL 34104, fax #
(239)252-2343. Any release of lien or c. -Its :!!
oQ .ii ance or confirmation of the satisfaction of
the obligations of this order may also be obtaine. at is location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit
Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing
de novo, but shall be limited to appellate review of the record created within the original hearing. It is
the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s)—Tomatoes Plus Inc.
Collier Co.Code Enforcement Dept.
State of Florida
County of COLLIER
I HEREBY 4RT11y1T-I `this is a true and
— correct copy e'ocument164,file.in
Board tvtinut sand F6r�Fs'eftilier County
WITNESSay han4 ad'offi al. earthis
J d of ►. ,„
D GHT.E$RCC4.. CERK•t OURTS
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6/28/2016 16.A.17.
%% SORDO & ASSOCIATES , P . A .
mow
■■■■ ATTORNEYS A T LAW
May 6,2016
Iliana Burgos
Operations Supervisor
Collier County Code Enforcement Division
2800 N.Horseshoe Dr.
Naples,FL 34104
RE: Case No.: CELU20120002552
Subject Property: 100 Madison Avenue E,Immokalee,Florida
Folio No.: 63864560008
Dear Mrs.Burgos:
This firm represents Immokalee Real Estate Holdings, LLC. ("IREH") who has been appointed by the
Court to address the above-referenced code enforcement lien and bring the same to a resolution.
The Subject Property has been owned by Tomatoes,Plus, Inc. since August 8, 2003. Juan Acevedo was
the sole shareholder of Tomatoes Plus, Inc. On April 2013, Mr. Acevedo began having medical
complications and became very ill. During this time, he was in and out of the hospital or unable to leave
his bed. As a result, some people took advantage of his illness and began storing dilapidated vehicles and
trailers at the property. Unfortunately,Mr. Avecedo was very ill, often absent from the property and was
unable to properly monitor the property. Upon receiving the notice of the violation, Mr. Acevedo
obtained the assistance of some of the tenants and friends and cleaned up the site to remedy the violation
and stop the fines from accruing. Currently, the violation has been corrected and the fine is no longer
accruing.
Unfortunately, Mr. Acevedo passed away on August 19, 2015. In his absence, his son, Ali Acevedo,
began collecting rents from tenants and misappropriated the funds for his personal use. As a result, the
mortgages, utilities and insurances on the property were not been paid and the property went into
foreclosure. Immokalee Real Estate Holdings, LLC. v. Tomatoes Plus, LLC., Collier County Case No:
2015-CA-02093. Mr.Ali Acevedo is currently incarcerated on unrelated charges.
Due to the state of the property and the misappropriation on rents, on April 21, 2016 Circuit Court Judge
James R. Shenko entered an Order appointing IREH,to collect rents and maintain the property. As part
of this mandate,the Court authorized IREH to contact the Collier County Code Enforcement Division to
resolve the lien. As of the date of this letter,IREH has not been able to collect any rents from the tenants.
Attached is an appraisal dated 2014 of the subject property to demonstrate that the property has a market
value of$200,000. There are currently the following liens upon the Subject Property:
1. First Mortgage $345,000.00 Immokalee Real Estate Holdings,LLC.
2. Second Mortgage $100,000.00 Gabriel Carrillo
3. Judgment: $ 89,301.37 Bank of America
3006 Aviation Avenue • Suite 2A • Co(Packet Page -759- ' Tel:305.859.8107 . Fax:305.859.8108
6/28/2016 16.A.17.
4. Construction Lien $9,280.13 D.Peck Roofing
5. Tax Lien $3,390.66 Florida Department of Revenue
6. Tax Lien $ 80,331.44 Dept. of Treasury-IRS
Based on the foregoing, there is no equity in the Subject Property to support the payment of the fines
levied by the Special Magistrate. The full lien amount of$23,476.15 would result in a severe financial
hardship on the property owner as there is no equity in the property.
Pursuant to Resolution No. 2012-42,the Director of the Code Enforcement Department has the authority
to recommend settlement of these code enforcement liens, subject to approval by the Board of County
Commissioners.
In furtherance of this settlement, this firm is authorized to offer the payment of$676.15 which constitutes
the following:
Operational Costs: $112.20
IOF Operational Costs: $113.95
Fines: $450.00
Total $676.15
Please feel free to contact me should you have any questions or concerns.
Thank you in advancer for your attention to this matter.
Sincerely,
Cesar ordo,Esq.
Attachments
.3;
.pM
3006 Aviation Avenue ■ Suite 2A . Coo-- . Tel: 305.859.8107 ■ Fax: 305.859.8108
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IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY,FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:2015-CA-002093
IMMOKALEE REAL ESTATE HOLDINGS,
LLC.,a Florida Limited Liability Company , c
•
Plaintiff(s), ' r;
?
vs ' r
TOMATOES PLUS,INC.,DINORAH E.
ACEVEDO;BANK OF AMERICA; GABRIEL
CARRILLO;D. PECK ROOFING,INC.,
FLORIDA DEPARTMENT OF REVENUE; ` '
DEPARTMENT OF THE TREASURY- IRS;
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FL;UNKNOWN TENANTS
#1;UNKNOWN TENANT#2 THE NAMES
BEING FICTITIOUS TO ACCOUNT FOR
PARTIES IN POSSESSION
Defendant(s).
AGREED ORDER GRANTING PLAINTIFF'S SEQUESTERING RENTS
THIS CAUSE having come on for hearing on April 12, 2016 upon Plaintiff's
Emergency Motion for Appointment of a Receiver or Sequester Rents and the Court being
fully advised in the premises,it is
ORDERED AND ADJUDGED:
1. That Plaintiff's Emergency Motion for Appointment of a Receiver is hereby
GRANTED.
2. The tenants of the Subject Property located at 100 Madison Avenue E, Immokalee,
Florida 34143 ("Subject Property") are hereby ORDERED to pay future rents for the Subject
Property on the first of each month, made payable to SORDO & ASSOCIATES, P.A.
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6/28/2016 16.A.17.
TRUST ACCOUNT at 3006 Aviation Avenue, Suite 2A, Coconut Grove, Florida 33133 in
I
the amounts listed below:
a. Ponce Produce $1,500.00
b. G Cruz&Sons Produce, Inc. $2,000.00
c. Reyes Brothers Produce, Inc. $3,000.00
d. Mobile Home Tenant 1 -Omar Aponte $ 300.00
e. Mobile Home Tenant 2 a/k/a"Felipe" $ 240.00
3. Within ten (10) days of this order, the tenants are hereby ORDERED to deliver the
rents for the months of January,February,March and April in the amounts listed below:
a. Ponce Produce $ 6,000.00
b. G Cruz&Sons Produce, Inc. $ 8,000.00
c. Reyes Brothers Produce,Inc. $12,000.00
d. Mobile Home Tenant 1 -Omar Aponte $ 1,200.00
e. Mobile Home Tenant 2 a/k/a"Felipe" $ 960.00
4. Within ten(10) days of this order, the tenants shall provide the Plaintiff with a sworn
statement attesting to rents paid since January 2015 to the present, the date of each payment,
and to whom they were paid.
5. Within ten (10) days of this order, the Defendant, TOMATOES PLUS, INC., shall
deliver to the Plaintiff any and all rents collected from the tenants for the Subject Property
since January 2015.
6. The Defendant,TOMATOES PLUS, INC., shall deliver an accounting of any and all
monies collected from the tenants since January 2015.
7. The Plaintiff; IMMOKALEE REAL ESTATE HOLDINGS, LLC., is hereby
authorized to take any and all necessary steps to remediate the violations upon the Subject
Property, and negotiate a resolution of the liens with Collier County. The Court hereby
authorizes Collier County to communicate with the Plaintiff, IMMOKALEE REAL ESTATE
HOLDINGS, LLC., and/or it's counsel, CESAR R. SORDO, ESQ. in connection with any
and all matters,including but not limited to, code violations,liens,and mitigation of the same
in connection with the Subject Property.
8. The Plaintiff shall be entitled to use the rents collected from the Tenants to pay for the
costs and fees incurred in remediating the violation, paying any fines levied by Collier
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6/28/2016 16.A.17.
County, any contractually or statutorily required insurance, real estate property taxes, sales
taxes, utilities and such other expenses as are reasonably necessary to maintain and preserve
the Subject Property.
9. The Plaintiff shall maintain an accounting of all rents collected from the Defendants
and expenses incurred in connection with this Order.
DONE AND ORDERED in Collier County,Florida this e."77' day of April 2016.
?
James ' he
Hone + e Circuit Court Judge
cc. Cesar R. Sordo,Esq.(csordo@sordolaw.com)
Michael D. Randolph Esq. (michael.randolph@,gray-rbtnson.com)
Kevin L.Noell,Esq.,(kevinnoellncolliergov.net)
Andrew Fulton, IV:Esq.(eservice@kelleylawofftce.com)
Joseph A.Davidow,1`sq.((jdavidow u@willsdavidow.com)
Antonio Faga,Esq. (service cr}fagalaw.cotn)
y Tomatoes Plus, Inc., 100 Madison Ave E, Immokalee,Fl 34142
Dinorah E.Acevedo,4695 Old Pheasant Hill Road,Apt.220,Kissimmee,Fl 34759
Florida Department of Revenue, 1379 Blountstown Hwy,Tallahassee,Fl 32304
Department of the Treasury-IRS, I11 N.Adams Street,4"'Floor,Tallahassee,FL 32301
Unknown Tenant 1, 100 Madison Ave. E, Immokalee Fl 34143
✓Unknown Tenant 2, 100 Madison Ave E,Immokalee Fl 34143
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