Agenda 10/11/2016 Item #16A 9 16.A.9
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a combined accrued value
of$287,613.21 for payment of$1,013.21 in the code enforcement action entitled Board of County
Commissioners v. Albert Houston, Sr., Code Enforcement Board Case No. 2006070938, relating to
property located at 204 4th 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$287,613.21 for payment of$1,013.21 in relation to the Code
Enforcement Board Case No. 2006070938.
CONSIDERATIONS: As a result of code violations at 204 4th Street, consisting of the existence of a
wood frame structure without a Collier County building permit, inspections, certificate of occupancy, left
abandoned, unattended and in state of deterioration, not to Collier County Code. The Code Enforcement
Board issued an Order on July 26, 2007, at O.R. Book 4265, Page 1055, stating the Defendant was to
abate all found violations by August 27, 2007; and ordered the imposition of a lien against Albert
Houston, Sr., in Case No. 2006070938. The lien was recorded in the Official Records on March 7, 2008,
or O.R. Book 4336, Page 2731. The lien amount of$287,613.21 is based on a total of 5,742 days of
accrued fines ($50 per day from August 28, 2007 through September 8,2015)plus $513.21 in operational
costs. The property was brought into compliance on September 8,2015.
The property was acquired by Carlos Hernandez,via special warranty deed on March 10,2015.
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 the new owner has diligently
pursued abatement and compliance has been achieved. It took substantial amounts of time and money
with extensive follow up, permit fees, and inspections to come into compliance. Mr. Hernandez had to
demolish the structure after a Structural Inspector determined that the wooden structure of the building
wasn't stable. There are currently no known violations. The new owner is requesting a waiver of
$286,600 in accrued fines. See hardship letter as required.
FISCAL IMPACT: Payment of$1,013.21 has been made, representing $500 in fines and $513.21 in
operational costs. If approved by the Board,accrued fines in the amount of$286,600 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 $286,600, accept payment amount of
$1,013.21,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,Code Enforcement Division Director,Growth Management Department
ATTACHMENT(S)
1.Release and Satisfaction-KN signed (PDF)
Packet Pg. 501
16.A.9
10/11/2016
2.Houston-Lien Order (PDF)
3.Houston Hardship Letter (PDF)
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16:.A 9
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Item Summary: Recommendation to approve the release of a code enforcement lien with a
combined accrued value of$287,613.21 for payment of$1,013.21 in the code enforcement action entitled
Board of County Commissioners v.Albert Houston, Sr.,Code Enforcement Board Case No. 2006070938,
relating to property located at 204 4th Street,Collier County,Florida.
Meeting Date: 10/11/2016
Prepared by:
Title:—Code Enforcement
Name: Danny Blanco
09/12/2016 10:14 AM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
09/12/2016 10:14 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/12/2016 11:10 AM
Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 09/12/2016 11:11 AM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/12/2016 11:13 AM
County Attorney's Office Kevin Noel! Level 2 Attorney Review Completed 09/12/2016 11:14 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/13/2016 2:27 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/13/2016 4:33 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2016 9:50 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2016 9:03 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/23/2016 10:29 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 9:05 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN c
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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: a>
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Albert Houston, Sr.,
Respondent w
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The lien was recorded on March 7, 2008, in Official Records Book 4336, Page 2731, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two co
hundred eighty-seven thousand six hundred thirteen dollars and twenty-one cents
($287,613.21), 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 Tiv^
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. c
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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.
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ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By:
Deputy Clerk Donna Fiala, Chairman c
Date: Date:
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Approved as to form and legality
Kevin Noell
Assistant County Attorney
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16 A9.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA, °° a
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Petitioner, CEB NO.2007-63 M
vs. Nb ;
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ALBERT HOUSTON,Sr. o ezi ;
Respondent a.
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ORDER IMPOSING FINE/LIEN '—e,
LaiTHIS CAUSE came on for public hearing before the Board on July 26,2007,after due notice to ti o N
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Respondent at which time the Board heard testim. .l 4f sttlo -'ved evidence,and issued its Findings of Fact ry.m 4 To
and Conclusions of Law and thereupon is .,x Order which • to writing on July 30,2007 and c
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furnished to Respondent and was reco ded . ' Records of Collier oun',,Florida at OR 4265,PG 1055, �, oo
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et.seq.on August 2,2007. 4
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An Affidavit of Non-Corn 0 :s be n I w t :o. a b 71.1 Cod Enforcement Official on c �,
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September 20,2007 and January 29,r0:,which Affidavit certi .. under oa " the required corrective action '� = c
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has,tot been taken as ordered. '�" " 2 c O
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Accordingly,it having been brow_ .ard's atte t spondent has not complied with the
Order dated April 30,2007,it is hereby rn
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ORDERED,that the Respondent,Albert Houston,Sr.,pay to Collier County fines in the amount of$9,150
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for the period of August 28,2007 through February 27,2008(183 days)at a rate of$50 per day(Order[tem#4), E
plus$3,050 for the period of December 28,2007 through February 272008(61 days)at a rate of$50 per day(Order
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Item#5),plus$513.21 for the operational costs incurred in the prosecution of this case fora total of$12,713.21.
IT IS FURTHER ORDERED that the fines and operational costs 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
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*** OR 4336 PG: 27 i6A96
review of the record created within, Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondents.
DONE AND ORDERED this day of IT" irch,2008 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,F !'' DA
BY•..t
Gerald LeFeb Chair j
2800 North H' seshoe Drive =
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Naples,Florida 34104
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STATE OF FLORIDA ) u)
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COUNTY OF COLLIER) \AVYR COOtr
The foregoing instrument was •' 4 It, eged before me tin •- of Mare-11 ,2008,by o
Gerald LeFebvre,Chjir of the Code E• o `• ent Board of Collier Coin,Fl• 'da,who is personally ra
known to me or ✓ who has prod ced • 'tY : 'ver's Lice. as ide'tific.tion. o
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I HEREBY CERTIFY that a • .�i a,. orrect copy of this O' s • been sent by U.S.Mail to Albert —1
Houston,Sr.,P.O. Box 5310,tmmokalee, 47,3. . _ is i4' •-y'ef.! t - ,2008. c
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Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
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:ounty of COWER
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Hardship Letter 111
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Carlos Hernandez
604 Boston Ave r A V)
Immokalee,FL 34142
June 8,2016
Collier County Board of Commissioners
Code Enforcement Div.
2800 Horseshoe Drive N
Naples, FL 34104
Re: Reduction of Fines for 204 S. 4th St. Parcel# 25631120004
Attn: Collier County Board of Commissioners
Code Enforcement Zi
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We are looking for the reduction of the lien to be considered. The current fines sum up to
$15,712.12 due to the lien on the following property located at 204 S 4th ST. I purchased the
property on March 2016. The property had an existing lien which I was aware of at the time of
purchase. I made all attempts possible to comply with code enforcement regarding the lien. I
applied for a building permit on March 27, 2015, the permit was approved and issued on April 15, x°
2015. I was given 30 days to resolve the issue for the lien to be removed after purchasing the co
�-e property. After commencing with the repairs one of the structural inspectors raised an issue.Later i 1
was determined by building officials that the wood frame structure would have to be condemned, t
due to the integrity of the building. The building had to be demolished, I have attached a copy of 3
the demo permit as well as the building permit as proof of my attempt to resolve the ongoing issues
carried from the previous owner. Please consider my offer of$500.00 towards the existing lien 12
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issue, plus the admiration fees. I find myself in hardship due to the expenses I made with the
purchase of the property and attempting to resolve this issue. The following description shows the N
amount of expenses made. Currently the property is vacant and well maintain of any vegetation.
Expenses for attempting to permit and resolve ongoing issues with property
Building Permit: $743.10
Demolition Permit Amount: $59.00
Engineering: $950.00
Materials Estimate: $2000.00
Electrical Service: $1200.00
Carpentry: $700.00
Pluming: $300.00
Sincerely,
Carlos Hernandez
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