Agenda 12/13/2016 Item #16A18 16.A.18
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$9,364.88 for payment of $1,800 in the code enforcement action entitled Board of County
Commissioners v. Celsos T. Camargo and Santa V. Camargo, Code Enforcement Board Case No.
CEOCC20150007305 relating to property located at 420 Alachua 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 $9,364.88 for payment of $1,800, and previously paid
operational costs of$114.88 in relation to the Code Enforcement Board Case No.CEOCC20150007305.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Celsos T.
Camargo and Santa V. Camargo, (Case No. CEOCC20150007305) for a code violation at 420 Alachua
Street, consisting of no Business Tax Receipt for the automotive repair business being conducted from
this location. The lien was recorded in the Official Records on September 26, 2016, at O.R. Book 5317,
Page 592. The lien amount of$9,364.88 is based on 37 days of accrued fines in the amount of$9,250 and
previously paid operational costs in the amount of$114.88. The business was brought into compliance
on September 7,2016.
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. Mr. Camargo shut down his automotive business to care
for his wife. Because of her health issues, they were unable to attend the hearing. When they realized
--� they missed the date of the hearing, they diligently pursued compliance by obtaining the Business Tax
Receipt. The Code Enforcement Investigator was able to confirm compliance on September 7, 2016. The
property is being actively maintained and the owners have paid $1,800 in settlement of fines and
previously paid $114.88 in operational costs. The fines imposed would cause a severe hardship on the
owner. The owner is requesting a waiver of $7,450 in accrued fines, see attached hardship letter as
required.
FISCAL IMPACT: Payment of $1,800 has been made, representing $1,800 in fines; the owner had
previously paid $114.88 in operational costs. If approved by the Board, accrued fines in the amount of
$7,450 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$7,450, accept payment in the amount of
$1,800, 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
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16.A.18
12/13/2016
ATTACHMENT(S)
1. Release and Satisfaction -KN signed(6) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
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16.A.18
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $9,364.88 for payment of $1,800 in the code enforcement action entitled Board of
County Commissioners v. Celsos T. Camargo and Santa V. Camargo, Code Enforcement Board Case No.
CEOCC20150007305 relating to property located at 420 Alachua Street, Collier County,Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
10/26/2016 9:13 AM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
10/26/2016 9:13 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/26/2016 9:57 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/26/2016 11:20 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/28/2016 8:30 AM
Growth Management Department James French Additional Reviewer Completed 10/31/2016 10:43 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:17 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/08/2016 9:25 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/08/2016 10:15 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/10/2016 11:44 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 11/15/2016 8:22 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16A.18.a
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 co
personal property owned by:
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Celsos T. Camargo and Santa V. Carmargo,
RespondentCIS
71.
The lien was recorded on September 26, 2016, in Official Records Book 5317, Page 592, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of N
nine thousand two hundred fifty dollars ($9,250), 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 u,
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 c
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 .1776
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
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Approved as to form nd legality
Kevin Noell
Assistant County Attorney
Packet Pg. 606
INSTR 5315938 OR 5317 PG 592 RECORDED 9/26/2016 8:26 AM PAGES 2 16.A:18.b'
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEOCC20150007305
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
CELSOS T.CAMARGO AND S
SANTA V.CAMARGO, °�
°
Respondents. __ _p S/ {
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ORDX1r010 THE SPECIAL MA TI ATE o
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THIS CAUSE came be ore flfe�p iial gilstla fo u l I ari g upon the Petitioner's Motion tj
"� for Imposition of Fines/Liens n St$teinbet2,_`_2g16J)1 me e {al Magistrate, having heard argument c•
respective to all appropriate nitis,,,� stss'i *, 4s Fis its t tact and Order of the Special co
Magistrate,as follows: , I 1 ' N
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\.' \FINDINGS OF FACT /'C:".�` o
1. On July 1,2016,Respondent vwasT72
ou ty,af- '1 o:0,6t Collier County Code of Laws and c
Ordinances,Chapter 126,Article!V n(122 U.B)for having no business tax receipt for °'
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the automotive repair business being condi-lag-from this location,which violation occurred on
the property located at 420 Alachua St,Immokalee,FL,Folio#63867080006(Legal Description: ac)
NEWMARKET SUBD BLK 54 S 75FT OF LOTS 18 THRU 21). E
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before August 1,2016, or a fine of$250.00 per day would be assessed for each day the violations Q
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5294,
PG 2118).
3. Operational costs of$115.10 incurred by the County in the prosecution of this case have been
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 Pg. 607
*** OR 5317 PG 593 *** 16.A.18.b''
ORDER
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$250.00 per day are assessed against the Respondent for 32 days for the period
from August 2,2016 to September 2,2016, for a total amount of fines of$8,000.00.
C. Respondent shall pay operational costs for the imposition of Fines hearing in the amount of
S114.88.
D. Respondent is ordered to pay fines and costs in the total amount of$8.114.88 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida. IT)
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E. The daily fine of$250.00 shall contjsaire u .il. batement has been confirmed by a Collier
County Code Enforcement Inv�stiaa�fo — ,v
DONE AND ORDERED this (l''dad o4 ;_,f-, ,201 ,at collier County,Florida.
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PAYMENT OF FINES: Any fines ordered to lie?paid pursuant to this order may be paid at the Collier
County Code Enforcement Division,2800 North Horseshoe Drive,Naples,FL 34104, phone#(239)252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the E
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondents—Celsos T.Camargo and Santa V.Camargo
Collier Co.Code Enforcement Division
County of COLLIER
I HEREBY CBRTIFY'( A7'this is a true and
correct copy or a clocrettt.okfle in
Board?v otes and R.6coti s Pt. olliei County
WlTNE :my h nd and g ici l seal this
, ay of ` f bf.k; dila
DW1 HTrE'.,E3ROCK,CLERK OF COURTS
rte :
Packet Pg. 608
INSTR 5290270 OR 5294 PG 2118 RECORDED 7/15/2016 3:27 PM PAGES 4 16.A.1$.b;
'DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $35.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEOCC20150007305
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
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CELSOS T.CAMARGO AND SANTA V. CAMARGO, —�
Respondents. -- -- a)
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ORDI ,rfiHE SPECIAL MAI TRATE
THIS CAUSE came on/or 1f(b1i singgbefare t� Special Magistrate on July 1, 2016, and the taa
Special Magistrate,having hearpitest' ua ri ed-ertnce\and heard argument respective
to all appropriate matters, herelupo is ue fits{�F d s artcifef Order of the Special Magistrate, as
follows: r�` '� ! �.1 i M
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FINDINGS OF 1 CT , /V
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1. Respondents,Celsos T. C anta V.C `,are the owners of the property. O
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2. Respondents were notified of the crate-af_lei by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3, Respondents,having been duly notified,did not appear at the public hearing but entered into a
stipulation.
4. The real property located at 420 Alachua Street,Immokalee,Florida,Folio#63867080006
(Legal Description:NEWMARKET SUBD BLK 54 S 75FT OF LOTS 18 THRU 21),is in
violation of Collier County Code of Laws and Ordinances, Chapter 126,Article IV,Section 126-
111(b), in the following particulars:
No business tax receipt for the automotive repair business being conducted from this
location.
5. The violation has not been abated as of the date of the public hearing.
Packet Pg. 609
OR 5294 PG 2119 16.A.18.b
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. 07-44,as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
126,Article IV, Section 126-111(b).
B. Respondent must abate the violation by obtaining and displaying all required business tax receipts
form the Collier County Tax Collector to include,but not limited to,a Zoning Certificate from the
Growth Management Department for allowable business activities OR ceasing and desisting all
business activities on or before August 1,2016 or a fine of 5250.00 per day will be imposed for
each day the violation remains thereafter. aa)
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C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department o
may abate the violation using any methQd.te-briug,.the violation into compliance.If necessary,the y
County may request the services e s `iedC t y^Sheriff s Office for the purpose of
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accessing the property for abat `'=''t,...: -Allo a lft e'ut shall be assessed against the 76
property. ff N.,...,';'/ N' A''.
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D. Respondent is ordered t9tpay// pe nal eostsTot�th prosccutior�of this case in the amount of �`e
5115.10 on or before Augurs1-241 .6.-1-''',\� -��,, J 1 as
E. Respondent shall notify,Chet oke fokc en}If stigi tol,Sievetf Lopez-Silvero,within 24 0
hours of abatement or c?' aphi so -t'fir ahnspectirein!na be performed to confirm ty
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compliance. '.'- ,\ v
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DONE AND ORDERED this of vS U l '',30 &y1Collier County,Florida. Is
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M1 . TYCOE E ENFORCEMENT
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239)252-2440 or www.colliergov.net. 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.
cc: Respondent(s)—Celsos T.Camargo and Santa V.Camargo
Collier Co. Code Enforcement Division
Packet Pg. 610
OR 5294 PG 2120 16.A.18.b
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16.A.18.c
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Celso& Santa Camargo
Celso's Auto Repair Towing Services
420 Alachua Street
Immokalee, FL 34142
Ref: Case#CEOCC20150007305
Fine Waiver/Abatement
To: Board of County Commissioners,
I would like to request a waiver/abatement of fines for case #CEOCC20150007305 due to the following
reasons:
We were not able to be in the court due to health concerns. I, Santa Camargo have been suffering from
seizures. I fell and had to be taken to the emergency room. It has been found that I have a broken Cl
vertebrae in my neck due to my falling and seizures. I have been on very harsh medications and yet I am
still having seizures. My husband Celso has been with me to care for me and look after me while I have aa)
been going through this. I am better at this time and we're doing our best to catch up and comply with all
matters pertaining to the business. I have medical records to prove my medical conditions and I can also c
provide my prescriptions I have been taking.
We took so long with getting our business name, license, tax forms and all other documentation due in part 7D
to the above facts and also because it is a process which takes some time while waiting for documents in
the mail, phone calls and with basic communication on getting the business matters.
We were unable to pay the fines due to my illness and the fact that the doctor had me on bed rest only. My
husband stayed by my side to help me and take care of me. Neither of us had any time to work and we did
not know that we were being fined on a daily basis during this time. My husband was unable to work and I
am still unable to work. Money has been really tight and these fines have become a stressful burden which
are unable to pay completely.
I ask that you please allow us to compromise and to pay$1800.00 dollars to satisfy the fines. This has been a
a hard time for us and we wish to move forward instead of being held back by illness and money troubles.
For these reasons we are requesting a waiver/abatement of the fines on the above listed case.
Please feel free to contact me at 239-634-0064 should you need any further information or have any a)
questions. .E
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Thank you,
Santa Camargo
Celso's Auto Repair Towing Services
420 Alachua Street
lmmokalee, FL 34142
Packet Pg. 612