Agenda 07/12/2016 Item #16A18 7/12/2016 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of$5,000
for payment of $450 in the code enforcement action entitled Board of County Commissioners v.
Steven R. Cuiffo, Code Enforcement Board Case No. CESD20140025741 relating to property
located at 308 Morgan Road, 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 $5,000 for payment of $450 in relation to the Code
Enforcement Board Case No. CESD20140025741.
CONSIDERATIONS: As a result of a code violation at 308 Morgan Road, consisting of a mobile home
type structure that was added to the property between 2012 and 2013 with no valid permits. The Code
Enforcement Board ordered the imposition of a lien against Steven R. Cuiffo, in Case No.
CESD20140025741. The lien was recorded in the Official Records on May 6, 2016, at O.R. Book 5270,
Page 2709. The lien amount of$5,000 is based on a total of 279 days of accrued fines (at $200 per day
from July 25, 2015 through April 28, 2016) plus $65.01 in operational costs which were reduced to
$5,000. The property was brought into compliance on April 28, 2016.
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 $450 in settlement of fines. The owner is requesting a waiver of$4,550 in accrued fines, see
attached hardship letter as required.
FISCAL IMPACT: Payment of$450 has been made,representing$5,000 in fines and operational costs.
If approved by the Board, accrued fines in the amount of$4550 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$4550, accept payment amount of$450,
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-01142/1261822/1]
Packet Page -379-
7/12/2016 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$5,000 for payment of$450 in the code enforcement action entitled Board
of County Commissioners v. Steven R. Cuiffo, Code Enforcement Board Case No.
CESD20140025741 relating to property located at 308 Morgan Road, Collier County, Florida.
Meeting Date: 7/12/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
6/7/2016 3:27:05 PM
Approved By
Name: OssorioMichael
Title: Division Director-Code Enforcement, Code Enforcement
Date: 6/8/2016 11:24:01 AM
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
Date: 6/10/2016 4:46:06 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 6/14/2016 1:39:35 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/16/2016 2:40:58 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 6/21/2016 12:55:55 PM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
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7/12/2016 16.A.18.
Date: 6/21/2016 1:56:20 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 6/24/2016 2:00:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2016 2:23:07 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 6/30/2016 5:23:59 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/1/2016 5:02:29 PM
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7/12/2016 16.A.18.
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:
Steven R. Cuiffo,
Respondent
The lien was recorded on May 6, 2016, in Official Records Book 5270, Page 2709, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand dollars ($5,000), 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
Packet Page-382-
INSTR 5262864 OR 5270 PG 2709 RECORDED 5/6/2016 4:49 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 7/12/2016 16.A.18.
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No.–CESD20140025741
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
STEVEN R.CUIFFO,
Respondent.
ORDER OF THE COD ENFORCEMENT BOARD
IM•_..1/02=M1_1/1–. S
c-S\ti irk
THIS CAUSE came before - • nforcement Board upon le Pc tioner's Motion for Imposition
Fines/Liens on April 29,2016,and t Co. . - •nt Board, aving h and •_•gument respective to all
appropriate matters,hereupon issue its F d. = act ..d Or.-r if Code nfo cement Board,as follows:
ilir44.11M
1. On March 26,2015, s • : ►►Ia�.'�•"T'g•.5. f vit.. o • ier County Land Development
Code 04-41,as amen'-1, -ction 10.02.06(b)(1)(a" it a obit 4.4r e type structure that was added to
the property between 24 i..d 2013 with no valid 0;0•4:-r o z• .-rmits,which violation occurred on
the property located at 3 : :an Road,Naples, FL,* .jao:•4'36 20006(Legal Description:23 50 26
COMM SE CNR OF NE 0 1/4 OF SEC 23, RUN' I:L 570.5FT TO POB,RUN WLY
660FT,NLY 198FT,ELY ..i—.. � �.�
L
/
y
2. An Order was entered by the Code n rd ordering Respondent to abate the violation on
or before July 24,2015 or a fine of$200.00 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 5138,PG
1190).
3. Operational costs of$65.01 incurred by the county in the prosecution of this case have been paid.
4. The violation has been abated as of April 28,2016.
5. The Board considered the following(a)the gravity of the violation;(b)actions taken by the
Respondent to correct the violation; (c)whether there were previous violations committed by the
violator;(d)the cost upon the violator to correct the violation;(e)the amount of the time necessary to
correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any
hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by the Code
Enforcement to have the violation corrected and(i)any other equitable factors which would make the
requested mitigation appropriate.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida
Statutes.and Collier County Ordinance No.201 Packet Page -383-'hereby ORDERED:
*** OR 5270 PG 2710 ***
7/12/2016 16.A.18.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$200.00 per day for 279 days for the period from July 25,2015 to April 28,2016 are
reduced to$5,000.00.
C. Respondent is ordered to pay fines in the total amount of$5,000.00 or be subject to Notice of
Assessment of Lien against all properties owned by the Respondent in Collier County,
Florida.
DONE AND ORDERED this 3(0 day of 1114 2016 at Collier County,Florida.
CODE ENFOR MENT B• • a
COLLIER Ce O TY .ARIDA
-11. : �•.= I air
STATE OF FLORIDA ) !d:0►41•+r. :.' oe D• ve
)SS: �,�1 .a• "
COUNTY OF COLLIER) GQ
The foregoing instrument was ackno led t-d •-fore m -'. <y of 1.A
2016, Robert Kaufman,Chair of he •ode nfor <m :oard o Collier k oun ,F1.rida,who is
personally known to me or , '^+i: .••.1 e.1140r i' ' . Li•-nse as identification.
KERRY ADAMS
Alr •.%� MY COMMISSION IFF 13971
•. . .L EXPIRES;July 8,2018
My ion it S: Bonded ThraBudget Notary Sentt
r
PAYMENT OF FINES: Any fines o •- .-• o be paid pursuant to - e cis ' ay be paid at the Collier County
Code Enforcement Department,2800 N. h $o -shoe Drive,Napl- , 1Sv3 04,Phone: (239)252-2440,Website:
www.colliergov.net.Any release of lien or••i$ i I• - ; onfirmation of the satisfaction of the
obligations of this Order may also be obtained• e.' .lot
APPEAL: 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 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 Board's
Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Stephen R.
Cuiffo,308 Morgan Road,Naples, FL 34114 this??YD day of May,2016.
state UI rw,+ad
County of COLLIER ----
Rra;ilTy Code Enforce ent Official
I HEREBY CE Tt-1;4T this ts' •true and
correct ropy a .,docuipki file,in
Board: lindt4 and Fd'Rdords of-olber.County
,S ing�a Fr a5,;pfficial4eal s
._ Packet Page-384-
05-09-'16 09:15 FROM- 2800 BLVD CONDO ASSC T-001 7/12/2016 16.A.18.
May 9th,2016
RE:Steven R.Cuiffo
308 Morgan Road
Naples,FL 34114
Phone number:786-286-1313
Ms.(liana Burgos
Operations Supervisor
Collier County Code enforcement Division
2800 N.Horseshoe Dr.
Naples,FL34104
Dear Ms.Burgos,
Thank you for meeting with my daughter,Kimberly Linton,Friday May 6,2016.Kim did an excellent •
explanation of my obligations to Code Enforcement,but please alert me to any missed issues.I am
hoping to plea to the Code Enforcement Department to recommend a settlement of code enforcement
liens,for the Board of County Commissioners approval.I was not aware of the increasing fines for the
last 279 days(07/25/2015-04/28/2016).I understand the fees are$5,000.00,based on 04/29/2016
hearing.
This letter is to support my request for a reduction in the code enforcement fees,to possibly$450.00 or
less.I purchased my property in 2012 and have tried to maintain it to the best of my ability.However,
over the last two years,I have been out of the country,often.In my absence,I hired a contractor,who
specializes in permitting,to take care of all necessary requirements.Unfortunately,I was not informed
of this situation or kept up to date.
In addition,my physical disability has kept me from performing my duties and consequently,keeping up
• with my obligations.My physical disability began in early 2014,with the cancellation of my stewardship
with the United States Department of Agriculture and the United States Department of Forestry,
contract numbers:EQIP 744209120.IR and 7442091305K. My Environmental Quality incentive Program
(EQIP)contract was cancelled,due to illness.Bob Beck, District Conservationist at(239)455-4100 and
Odessa Armstrong,Conservation Program Specialist,at(352)338-9510 handled this for me.This was a
result of illness and no refund or cost recovery was required.My illness is ongoing.
Since then,I have hired contractor,Robert Ricciardelli,Pelican Bay Contracting,Inc.to have Power of
Attorney to represent me,in my absence,to make sure that I comply with Code Enforcement.As I
mentioned earlier,Robert Ricciardelli,was remiss in his duties.Eric Baldwin is familiar with Robert
Ricciardelli's performance.
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05-09-'16 09:15 FROM- 2800 BLVD CONDO ASSC T-001 7/12/2016 16.A.18.
Due to my early medical retirement,April 2014,my capacity to resolve these issues has been severely
limited.I can provide medical documentation,if needed.I am appealing to the Code Enforcement
Department to recommend a settlement,which meets my financial capabilities.Thank you for your
considerations in this important matter.
Sincerely,
Steven R.Cuiffo 1W
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