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Agenda 12/13/2016 Item #16A19 16.A.19 12/13/2016 .-. EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens with an accrued value of $700,947 for payment of $1,897 in the code enforcement actions entitled the Board of County Commissioners v. Dreamscape Homes, Inc., Code Enforcement Board Case No. 2003081576 and the Board of County Commissioners v. Elias Nicot, Code Enforcement Board Case No. CESD20100003911 relating to property located at 670 20th Street NE, 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 $700,947 for payment of $1,897 in relation to Code Enforcement Board Case No. 2003081576 and Code Enforcement Board Case No. CESD20100003911. CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Dreamscape Homes, Inc., in Case No. 2003081576 for code violations at 670 20th Street NE, consisting of a primary structure that was permitted under Collier County Permit No. 970001948 deemed abandoned. There have not been any inspections since 1997 and the structure never received a Certificate of Occupancy. The permit expired on March 29, 1998. The lien was recorded in the Official Records on March 8, 2004, at O.R. Book 3515, Page 1414. The lien amount of$463,347 is based on 4,619 days of accrued fines ($100 per day from January 24, 2004 through September 15, 2016), $461,900 for accrued fines plus operational costs in the amount of$1,447. The Code Enforcement Board ordered the imposition of a lien against Elias Nicot, in Case No. CESD20100003911, for code violations at 670 20th Street NE, consisting of an expired/cancelled building permit for a single family residence. The lien was recorded in the Official Records on July 12, �-� 2012, at O.R. Book 4816, Page 1522. The lien in the amount of $237,600 is based on 1,584 days of accrued fines ($150 per day from May 16,2012 through September 15,2016). The property was acquired by Ave Maria Real Estate & Home Services,LLC., and the Tax Deed was recorded on January 28, 2015. The property was brought into compliance on September 15, 2016. 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, with fines that accrued prior to transfer of title and thirty days following, compliance has been achieved, and payment would cause a severe hardship on the new owner. Mr. Bohrer, representing Ave Maria Real Estate & Home Services, LLC.,took title to this property with uncorrected code violations. It took substantial amounts of time and money with extensive follow up, permit fees, and inspections to come into compliance. The property is being actively maintained and the owner has paid$1,897 in settlement of fines. The owner is requesting a waiver of $699,050 in accrued fines, (see attached hardship letter as required). There are currently no known violations. FISCAL IMPACT: Payment of $1,897 has been made, representing $450 in fines plus $947 in operational costs and$500 in boarding up costs. If approved by the Board, accrued fines in the amount of $699,050 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 Packet Pg. 613 16.A.19 12/13/2016 RECOMMENDATION: To waive the fines in the amount of$699,050, accept payment in the amount of$1,897,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 ATTACHMENT(S) 1. Releases and Satisfactions -KN signed(4) (PDF) 2. Lien Orders (PDF) 3. Hardship ltr (PDF) Packet Pg`. 614 16.A.19 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19 Item Summary: Recommendation to approve the release of two code enforcement liens with an accrued value of $700,947 for payment of $1,897 in the code enforcement actions entitled Board of County Commissioners v. Dreamscape Homes, Inc., Code Enforcement Board Case No. 2003081576 and Board of County Commissioners v. Elias Nicot, Code Enforcement Board Case No. CESD20100003911 relating to property located at 670 20th Street NE, Collier County,Florida. Meeting Date: 12/13/2016 Prepared by: Title: Administrative Assistant—Code Enforcement Name: Nancy CardinaleLower 11/07/2016 3:46 PM Submitted by: Title: Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 11/07/2016 3:46 PM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 11/07/2016 4:23 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/07/2016 5:16 PM Code Enforcement Marlene Serrano Additional Reviewer Completed 11/08/2016 8:51 AM County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 11/08/2016 9:35 AM Growth Management Department James French Additional Reviewer Completed 11/08/2016 10:09 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/09/2016 9:31 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/09/2016 12:54 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/14/2016 11:06 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2016 8:25 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 10:11 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg.615 16:A.19.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 a� J RELEASE AND SATISFACTION OF LIEN a) 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 T personal property owned by: a) a I Dreamscape Homes, Inc., y Respondent CLI The lien was recorded on March 8, 2004, in Official Records Book 3515, Page 1414, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of four hundred sixty three thousand three hundred forty seven dollars ($463,347), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. d 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 Y 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 COMMISSIONERScn DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA U) a, N By: By: Deputy Clerk Donna Fiala, Chairman ce Date: Date: E Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 616 16A.19.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 m KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS CO OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Elias Nicot, CO Respondent The lien was recorded on July 12, 2012, in Official Records Book 4816, Page 1522, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred thirty seven thousand six hundred dollars ($237,600), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. a, 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 zs Cu d By: By: Deputy Clerk Donna Fiala, Chairman a, e! Date: Date: Approved as to form and legality Kevin Noeli Assistant County Attorney Packet Pg. 617 3355478 OR16.A.19.b ; 3515 PG: 1414 EH 13.00 tett: CLERE TO TIE MAID RECORDED in the OFFICIAL RECORDS of COLLIER COMITY, FL COPIES 3.06 IRE1tOFFICE 4T8 FLOOR 03/08/2004 at 08:34AE MOT 1. BROCI, CLUE UT 7240 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER,COUNTY, FLORIDA, r_ ` t "' st7 (G Petitioner, CEB NO. 2003-047 vs. DREAMSCAPE HOMES, INC., Respondents, a) J 4- O ORDER IMPOSING FINE/LIEN CD CISTHIS CAUSE came on fore cre .pe Board on October 23,2003,after due 13 notice to Respondent at which't r e the Board heard testiIi' ny`under oath, received evidence, 0. / i mss_« and issued its Findings of fact/and Conc_ of La and ti ere pon issued its oral Order r which was reduced to writing! n ctcbe 3)}, 10- fd 'i'shed t Respondent and was recorded in the Public Re4, \of Collier County, Plorid4 at OR7436, PG 0879,et. seq.on /,- November 4,2003. ` �`,. ;/_ L._- Said Order required Respon t o# e Fe t .egrrective action by a time certain as more specifically set forth in this Order. a) E An Affidavit of Non-Compliance, bearing the date of February 13, 2004, has been filed Y with the Board by the Code Enforcement Official,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated October 30,2003, it is hereby ORDERED,that the Respondent,Dreamscape Homes,Inc., pay to Collier County the sum of Five Hundred Dollars($500) for the direct cost of boarding up and securing the structure _ - - - Packet Pg. 618 16.A.19.b OR: 3515 PG: 1415 removing the health and safety hazard,Three Thousand and Three Hundred Dollars($3,300) for , the period of January 24,2004 through February 26, 2004 at a rate of$100 per day,plus Nine Hundred and Forty Seven Dollars($947) for the operational costs incurred in the prosecution of this case, for a total of$4747.00. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. 1 S d Any aggrieved party may appeal a final order of the Board to the Circuit Court within 21 0 thirty(30)days of the execution of/the 4Ortle�-a(tp }}}---ed. An appeal shall not be a hearing de 0 novo, but shall be limited to a \O --view of the fe 'q Cleated within. Filing an Appealct cc shall not stay the Board's/ dey( .6 �N -,---.._....— \ 0 j„_, r\ \ \ E This Order mays bei r etd ` ,�u at$d'Sectifon 162.09, Florida Statutes, E 1 a l A , o constitute a hen against the:it cli,- .• .'-r .iar� D /recorded in the Public Records of Collier County, Florida$t 1 BOOK 2270, PG ' 3/la9d party other real or personal Lfl d property owned by Respondent: (:------;-\..1>v/ -' `'� sl a DONE AND ORDERED this iday" A c - , 2004 at Collier County, Florida r CODE ENFORCEMENT BOARD w COLLIER COUNTY, FLORIDA -c U co BY: ' 7 i Clir leg. 2800 No Horseshoe Drive "' Naples, Florida 34104 tate of FLO t{>bl! • ED114)0''''11 County of R '•. CAN. 4 ReStcrirriFY' 'lAT.th( fi si trtf0lad .rrec€ iofc Oocurneir; �card P. tes �nd R eot�s=pC ��e r CountyNES x hart -rid,. ;,.,or this - DWIGHT E. BR¢ kOE.t -R .� 14.4:5F COURTS By.(1.-Lkit..A.- AccD.C. Packet Pg. 619 1 16.A:19.b *** OR: 3515 PG: 1416 *>kt STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowled d before me this 'day of YY v.cil , 2004, by Cliff Flegal, Chair of the Code Enfor ment Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. - Barbara L. Ray r. . • . ti . ,'�Y� Commission#DD171443 • ARY PUBLIC / a) _'' :'=Expires:Dec 12,2006 �.. ..�; Bonded 1tw 0 `,;11'''•'' Atlantic Bonding Cc.,Inc My commission expires: a) _g _ N C.. RTIFICATE OF SN JM,E Q I HEREBY CER1/IFY/tha`a1 - .,.. correct..copy o this ORDER has been sent by U. cnE S.Mail to Dreamscape ilimn t . ent 2124 Airport Rd. S.,Naples, a Florida 34112 this (3-;"°"'td +.7. ...: X04 6-'"� ~� , �, M 1y�-�"s\, M. 'an Ra , l s 1 �✓i Florida Bar No: `` ` P •10 Fifth Avepkre f . 300 -0 ,. Na, .:4 , '', _ `.23-0ba' a) E U f6 y Q - — Packet Pg. 620 i 16.A.19.b CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA .. .- r: 7C, -4 Int r N aPers BOARD OF COUNTY COMMISSIONERS, " COLLIER COUNTY, FLORIDA, �0 3 0$ S-t o MI m 00 11 te Petitioner, CEB NO. 2003-047 5 vs. O DREAMSCAPE HOMES,INC. Respondents, - F. —, / 2'.. pd a, FINDINGS OF FACT, CONCLUSIONS -a n` o o+ r• c m _ .-- a- N ct OF LAW ABOARD m mg CD a THIS CAUSE came o i ford u tt i'rearifg..befoRre the nar on October 23, 2003,and E a▪ - s the Board, having heard testimo .+ 0 'd vz e, ar\d heard respective to all o c o 4 I r---) ,� € ! IIS • r appropriate matters, thereupbti iS- - ..es g�._,Q, act,. oicj tsicIns of Law, and Order of the r �, 9 �r /` vo CI 1.1 CI C Board, as follows: N Y .1L . ` D �rC.,...) d NGS OFFACty `_ o` I I. That Dreamscape Homes, c-ks- Ie-weer of the subject property. ;• co. O. W dd 2. That the Code Enforcement Board has jurisdiction of the person of the E Respondents and that the Respondents, having been duly notified, failed to appear at the public .... Q w hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 670 20th Street,N.E.,Naples, Florida, more particularly described as follows: Folio No. 0000039329240004,the North 75 feet of the South Packet Pg. 621 16.A.19.b r r. 150 Feet of' Tract 86, Golden Gate Estates,Unit No. 50,according to the plat thereof, recorded in Plat Book 5,pages 82 and 83,of the Public Records of Collier County, Florida,at OR Book 2770, Page 1163, is in violation of Collier County Ordinance No. 2002-01,An Ordinance Adopting the Florida Building Code and Amending Chapter One,Abandoned Construction, Section 104.5.1.4 ,in the following particulars: A primary structure that was permitted under Collier County Permit No. 970001948 has been deemed abandoned. There have not been any inspections since c a> 1997 and the structure never received a Certificate of Occupancy. The permit expired on -.1 0 m March 29, 1998. ._--- - ... u) ,.,--'\1:$t `-,-. Based upon the foreg ng i ings-oCFact an Conc sion4s of Law, and pursuant to the y 0 1 authority granted in Chapte 16lf 0 o unty Ordinance No. 92-80 it is hereby ORDERED: ( 1 �,.,°�.i r' `�` 0 v That the violations o 'er County Ordin No. E2f01,An Ordinance Adopting �.�� c_.., ,_ \�,\. ^ Lir r� .7 the Florida Building Code and A*E�i g Chapter Ong,-.l i ned Construction, Section '+� L A 104.5.1.4 be corrected in the following r:-= -` Ca 171 1. By having the County take immediate actions to board up the structure and secure —ocoE o ..c the building,removing the health and safety hazard, and impose the costs against the a a Respondents. 2. By abating all violations by submitting a complete and sufficient building permit application for the described structure/improvements-or by removing the structure- by January 23, 2004. Packet Pg. 622 ' 16.A.19.b r 3. By requesting/causing all necessary inspections to be determined and obtain a certificate of occupancy within 90 days after obtaining the required building permit. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by January 23, 2004,then there will be a fine of$100 per day, for each day that the violation continues past that date. 5. That if the Respondents do not comply with paragraph 3 of the Qrder of the Board, then there will be a fine of$100 per day for each day that the violation continues past a that date. 0 6. That the Respondents are to notify..the Code Enforcement Officials when the y property comes into compliance.'' ct �J f- 3 7. That the RespofidezrfsTare-orddred topaz all operational costs incurred in the c r , __ v, r � \ E prosecution of this case. ##i !� -^, y �.,-, " ,�" i a) f ' 0 Any aggrieved p t� ..• __€ "gods oft •ar the Circuit Court o nt within thirty(30)days of the tion of the Order a d ' T' /ppeal shall not be a hearing de novo,but shall be lim e, ellate revic `alae-record created within. - zs Filing an Appeal shall not stay the Boa d .1'- ' J DONE AND ORDERED this atk day of ltiCtA`�-'t., 2003 at Collier County, Florida. .3 :::"-i CODE ENFORCEMENT BOARD :ate of FLORIDA . `- ' `t COLLIER COUNTY,FLORIDA •County of COL{ ' ; ` E, AT,Ats- > I HER�f ER-T1��'.• ,- �e Cliff Fleg..,Ch.� an :orreOt copy of Pt doctOthi,*llslA 2800 North Horseshoe Drive 9oard Minups nd,R+ a:Edvso(p0I19et,C Naples,Florida 34104 ISS iY;y 1 11 is seal this' V► day of -1 ? DWIGHT E. $i O K,` Lh OF.azalls L" 7 ... . ' D.c. - --- - _ Packet Pg. 623 16A.19.b` STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.JD* dadof Oc A. , 2003,by Cliff Flegal,Chairman of the Code EnforcemenyBoard of Collier County,Florida,who is personally known to me or ✓✓ who has produced a Florida Driver's License as identification. Gs_ O.<--.--- ...,_d_ ,,;:f Barbara L.Ray NOT• 'Y PUBS C ° ' ' `Commission#DD171443 a) 5. :.: Expires:Dec 12,2006 My commission expires: 11 a w,, Bonded Dim "- t Atlantic Bonding Co.,inc. y (0 I HEREBY CERTIFY/tha e-and,correct dopy ofthis RDER has been sent by U. S. c; Mail to Paul Acosta, Reg.Agent�pe.IToriies,I,nc.,21 4 Airport Rd. South,Naples, E Florida 34112,and Dreamsdape ,, raki :'_ " iI/ , Suite 203„Naples, Florida a) 34103 this 304-'day of wi,,,,0 0:t \ ! o^ t'72 IL,\•.._,...)ci ''-7 .‘,‘ t-, i .'-'I .e. • ,Iiii .....:,/ p. N \\,1--:\ .,c.. cu ' x � Mn ' s., sq w 1 ` El 'r`"~ ,,.;`750311 `'''-`. rel 0 y-for the Code Enforcement Board C Zi 400 Fifth Avenue S., Ste. 300 ; Naples,Florida 34102 - (941)263-8206 a-, s al- ct o1 Q { Packet Pg. 624 INSTR 4717094 OR 4816 PG 1522 RECORDED 7/12/2012 2:39 PM PAGES 2 16.A.19.b 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, CESD20100003911 vs. ELIAS NICOT, d J Respondent o / m to ORDE13,Ih 1TiIG /LIEN m 73) THIS CAUSE came on for public lte)ii, b are-tfrc rFor vember 18,2011,after due notice to Z Respondent at which time the Board heaye s) 6 y under oath,re'caty dle,_.vidence,and issued its Findings of Fact a and Conclusions of Law and thereupon/is ^ its oral Order which was duceikto writing on November 22,2011, ns and furnished to Respondent and wa eco7 t1T"Piublic ec4u)s of Co`l`lier County,Florida at OR 4744,PG y 1112,et.seq.on December 8,2011( / �` ,� . \ \ \ E cis An Affidavit of Non-Co li e n' ;‘"I&Thoard‘hiAl Cole Enforcement Official on June p '~` 20,2012,which Affidavit certified and o th th t tIte rpqu cl4Forfrectwe acti n has not been taken as ordered. yr Accordingly,it having be ght to the Board's attention th t Res Zi has not complied with the M Order dated November 22,2011,it rs4fer /�..,,.� ` y � _ �'f r y' / /Li,i ORDERED,that the Respon las Nicot,pay to CoIltei ottft'rutes in the amount of$6,600.00 E (Order Items 1 &2)at a rate of$150/dao or t�Ye.,period of May 16,201 . rough June 28,2012(44 days). The 73. operational costs have been paid. `,C-``(-'�,.--.,;._____,._---:'C'ti ' o IT IS FURTHER ORDERED that thefin 4l€all torttrnye to accrue until Respondent comes into d compliance or until Judgment is rendered in a suit to l rec 'on a lien filed pursuant to Section 162.09 Florida 11 Statutes. c Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of E the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate .c review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L{\l' 1 day of ,2012 at Collier County,Florida. Q CODE ENFORCEMENT BOARD CO ' OUNTY,,LORIDA 411112►4- IIPP.r ;Y. / \ AO atoll 01 F U AIDA LRo.-• off I,Chair • Ottiiry of COLI{ER 2t%+ �nh�rrseshoe Drive aples,,, ida 34104 t HEREBY CERT1FY'T 4#T thJs Is a true ant. /; =:Orrett cooj0,6f;,fi•OtTcumett,bli'Me In Board Mtntilts an.ti;RecOraI'Of.C�tier Cow 'NIri�r...k}ylE�SSrinv tis d1ini � t'sett ith G i'6,..,1 -•t -'C ERICi. : #,. • Packet Pg. 625 *** OR 4816 PG 1523 *** 16.A.19.b STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J day of!hand. 2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collie oun u,Florida,who is ,-----personally known to me or who has produced a Florida Driver's License as identification. • 1 ti '',":14,„� KRISTINE TWENTE t,va ,1D Wy : fcc liP ' tit Notary Puptic-State of Florida N TARY PUBLIC - My Comm.Expires Jun 18.2015 c � fMy commission expires: ' Commission#EE 87272 y -�'�°:.R'` Bonded Through National Wary Assn, J CERTIFICATE OF SERVICE ,,_ 0 I HEREBY CERTIFY that a true and correct co of this ORDER hit. be:n sent by U.S.Mail to Elias m co Nicot, 19330 N.W.48Th Court,Miami Gardens,,EE-3, 5 da of , R it—day 012. m s ,lt. - DC /C-'‘'Y M.lea OF:wson, =sq.''. a / /t-------,Florida Bar No.750.311 2 U / 14----�. �6,�83`Goo7lfe�e Road .,St .210 N E1o9ntia.‘.3A4 \ \ ra ( (( n1( H 1 7 ‘ ) , li 6--- I ✓ C_. 17 _r y -' i-i st y ` '�' J Y C a) E v ro :,':''t Packet Pg.626 I INSTR 4635244 OR 4744 PG 1112 RECORDED 12/8/2011 3:29 PM PAGES 3 16.A.19.b DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD2010000391 I vs. ELIAS NICOT, _ a) J Respondent o / a) N f6 FIN CSS a'a� it ►SIONS• m OFT., D ORDER 0 4 •RD ai a THIS CAUSE came on for public grin 1 •the- oard on I�Jovembe'h\18`2i111,and the Board,having heard N testimony under oath,received eviidence;anagleitcdres. ctivet6 1 approPriatepnatters,thereupon,issues its E Findings of Fact,Conclusions of Law,fapd�er• i• .:7 t a) B . 1. That Elias Nicot is the of er f the su.je t property \ 2. That the Code Enforcem IS and has jurisdiction o e person ofctb. 4tespondent and that the •a- •a• Respondent,having been duly not) peared at the public f ring lnd/ekd into a Stipulation. -- at c_AO/ le 3. That the Respondent was notild d .the date of hearing by cfiTif`te4tmail and by posting. _ 4. That the real property located at 60,20 ,iy4p ,FL,Folio 39329240004,more particularly e described as the North 75 feet of Tract 86,GOL1 A cATES,Unit No.50,according to the plat thereof, a) as recorded in the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County 11 Land Development Code,as amended,sections 10.02.06(B)(1)(a)in the following particulars: c m _- Expired/cancelled Building Permit 970019848 for CBS single family residence. E c) ORDER OF THE BOARD fa2 Q Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,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,the Collier County Land Development Code,as amended,sections 10.02.06(B)(l)(a)be corrected in the following manner. 1. By obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within I80 days(May 15,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 15,2012, then there will be a tine of$150 per day for each day until the violation is abated. Packet Pg. 627 OR 4744 PG 1113 16.A.19.b 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 Sheriffs 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 S80.86 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 c review of the record created within. Filing an Appeal shall not stay the Board's Order. J DONE AND ORDERED this day of t,,,... .1 . ,2011 at Collier County,Florida. y ENFORCEMENT BOARD ca ' et 1TY,FLORIDA a� /. '�. ' �---.. T tY // BY: �"• el % C-----Th Kennet ,," air ca / i 14 .- ---"?806-firth Hor sho Drive c.) t i/ "_-- "tda les Florida 3{104 E STATE OF FLORIDA , r, t `o ))SS: l (1( 7 ji s D ) ?° \if ' t2 COUNTY OF COLLIER) r'.1 I c--, .44 The foregoing instrument was ac igdgis is befo a this' day''o ,ttr 'y •f 201 l,by Kenneth Kelly,Chair oi�.C,de Enforcement Board Col;ier c Qp, ,Florida,who is CV / personally known to me or� who has produced a t ida/Dra4 Ss1License as identification.' '7,,Kt,,::-/ y ,,,�, '' " .KRISTINE TWENTE ' - `' i�A�p ' 3. .,`t'= Notary Public-Stale of Florida tnOrie5= `:My Comm.Expires Jun 18,2015 m ,,;,,.„ -gig-' Commission*EE 87272 J Korman rhmugh National Notify Assn. CERTIFICATE OF SERVICE y c a) I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Elias E Nicot, 19330 N.W.48th Court,Miami Gardens,FL 33055 this<-93ttlay of )`ieru L.r-. ,2011. os M.Jean wson,Esq. Florid ar No.750311 2375 North Tamiami Trail,Ste.208 Naples,Florida 34013 (239)263-8206 • alt; o: Fu“}tIL A ;aunty of COLLIER 1 HERET3Y,CERTIFY THAT this is a*`ue and :orrect.poor :am acuent Oil file In o tip :note...$ n Retorts of Conn County wr `�,$'mv'ncc#t� ano official peal this /4gy,;0{:"i .;51 QL . � A : - W T. B CrK-�LERK OF COURTS cp,, v./4 OY..'„c9p -r._.e a,... 1, -- t,;J3ttZ,s'` Packet Pg.628 *** OR 4744 PG 1114 *** 16.A.19.b BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100003911 Elias Nicot Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, t I s"s.s N:tot , on behalf of himself or as representative c for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Zi . Notices of Violation in reference(case) number CESD20100003911 dated the 23r6 day of August, 2011. Z. . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which in a hearing is currently scheduled for i 1— k%: . ° ` ote efficiency in the administration of the code at t i 0clutlon of the matters outlined therein the °' enforcement process; and to obtain a q�' � '� .. � parties hereto agree as follows: //,.,.0.);,, �`�Y-4'\ a 1) The violations noted in the refer ric 'Notice of Violation are`accurate and I stipulate to their existence. as i w THEREFORE, it is agreed between the parties th e-Resportdent shall. cis E (---/-',`\' (-7S—N\'IIS 7'\ y CU 1) Pay operational costs in th arra t o .$ Fi c re! in the prosecution of this case o within 30 days of this Hearin b-1 •cr 2) Abate all violations by: -"\ \- ) ' J vtM I Obtaining all required Collie) unty Building P it(,�) Demolition permit, inspections, and y �'-. "47? -/ t)c' a� Certificate of Completion/Occup '�ic�y�arithin I SO days ,ih�, g or a fine of $.150 per .a day will be imposed until the violatio`r4t qb .—._.,c:-A...,7 i 1-_,. I'- -,.---- c 3) Respondent must notify Code Enforcement -hours of abatement of the violation and request 3 the Investigator perform a site inspection to confirm compliance. (24 hours notice snail be by phone or tax and made during the workweek. if the violation Is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notlficatlon must be made on the next day that is not a Saturday,Sunday or legal holiday.) E 4) That if the Respondent fails to abate the violation the County may abate the violation using any method c to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office cis to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. gt:z j e) 7/�_ 6-4: -:61 Respond t or Representative (sign) 'PY Diane Flagg, DirectorC Code Enforcement Department Respondent or Representative (print) Date H / i$ i2© (A Date REV 8117/11 Packet Pg. 629 16.A.19.c October 18, 2016 Board of Collier County Commissioners Re: 670 20th St. NE, Naples, 34120 and Resolution 2012-46 Attn: Board of Collier County Commissioners Dear Sir or Madam, I have hardship concerning the property at 670 20th St. NE and request a complete reduction in fines in accordance with Resolution 2012-46. I purchased the property with liens given to the previous owner in the condition shown in the pictures (see pictures) and diligently and without a delay in the process abated the violation. The process took some time since I decided to complete the construction and there were several steps that needed to be taken.The condition of the property we found out during the process was extreme. The cost was high. Steps that ea needed to be taken were as follows: First I needed to research and the previous plans in the records department and meet with officials to determine if the same plans could be used, a;" inspect the property to determine if what was existing could be built upon and find a contractor that would be willing to do the work. These steps took more than the initial 30 days. Then, after finding a contractor I also found that I needed to find an engineer to inspect the property and ct rework the blueprints. We also had to have a meeting with the chief building inspector, Jonathan Walsh. In order to have this meeting we had to wait another month since Mr. Walsh's �r schedule was full. When we finally met with him—the contractor, myself, the engineer and N Tony Asara—the code enforcement inspector assigned to the case—we discovered during the meeting that Mr. Walsh was adding some stipulations that we needed to accomplish before being allowed to start construction. These stipulations were re-working the blueprints according to the current codes, having an inspection of the property and acquiring a survey and elevation certification. The engineer took some time to re-work the plans. Altogether, it took between 4-5 months before we were even able to start construction. In the start of construction the contractor needed to take out and replace the metal straps at the top of the concrete walls. We also had to take out and replace the existing septic tank. There was no water well drilled. The existing foundation and walls needed to be cleaned up and vine tree and shrub growth removed. We also had most of the lot needed to be cleared, and lots of fill dirt brought in (more than normal due to the fact that the property was in a low area and had stem wall construction). There was also a larger than normal amount of Brazilian Pepper that needed to be removed. So, we needed to bring the dirt eventually up to a level of 6-12 inches below the door thresholds of the entries. So, preparation took several months-4-5, and construction and land preparation over a year. We also had delays due to weather at certain times. After construction was finished we were also delayed two months due to difficult Brazilian Pepper removal in the back of the lot while some of the area was under water. We also added landscaping, asphalt driveway and needed to do extra work with the right of way area to accomplish the right of way requirements. Altogether the above description gives the overall explanation for the time frame needed to abate the violation by way of completing the Packet Pg.630 16.A.19.c construction, and extreme hardship due to the property's condition. I chose completion of construction since the blueprints appeared promising for a new home for a new homeowner in the future before even finding out that extra work would be needed. I also saw this as a cooperation with the county and the county's resolution given by yourself,the Commissioners, from the start. The cost and hardship is as follows: I am a small investor who spent years working in real estate and rental management services. I continue to do so, but I also chose to put a large amount of money into this project in order to have an income. In fact, it took more than a large amount since I thought when starting that it would take less and less time. At no point in the construction did I delay or hold back money when it was asked by the contractor, engineer, county or any person I was cooperating with to finish work on this property. David Esquivel, Labelle Homes, Inc was the contractor and he can be contacted at 239-791-9852 to give d account and witness to the payments. In my record I show that I wired David payments of $12,000 on 9/26/15 for trusses installation, roof and other fees; $5000 was sent to the truss a, manufacturer before this. We had to wait over a month before the trusses were manufactured and delivered. I wired another$12,000 to David Esquivel on 10/13/15 electric finish roof, framing; another$14,000 on 12/4/15 for electric, plumbing, dry wall and other; another $14,000 on 12/27/15, $6,000 to new septic installer, Monty Sanitation on 1/15/16, $15,000 to David Esquivel on 3/3/16, another $10,000 on 3/11/16, another$10,000 on 4/4/16, another E $10,000 on 4/25/16. All this construction up until 5/16 was the main construction of the .-•, house—hvac and final hvac, dry wall and final dry wall, doors and windows, water well, final electricity, plumbing and final plumbing,. This also included paint and flooring. After this there was still another$30,000 needed for cabinets, bathroom tile, light fixtures, asphalt drive, extra dirt (very large expense for extra dirt), culvert replacement, excavation and exotics removal (another large expense), paint inside and out,gutters, counter tops, lanai screen, water well equipment, concrete pads and walks, culvert ends, and landscaping. All these items needed to be completed to pass inspections and acquire certificate of occupancy before the violation was officially abated. And, these items took scheduling and time that I assisted the contractor with myself. At the end of construction and now before selling the property I have had to resort to living on credit cards to finish. And the above costs did not include the initial payment to purchase the property from the county at auction. The above explanation of time line and hardshipgives a more detailed proof of diligent pursuance of compliance and condition of extreme hardship, In terms of extreme hardship I stated I am a small investor and that this project took all my financial resources to the point of causing me to live on credit cards to complete. It took the place of my regular income by also requiring man hours from me to cooperate with the contractor.The amount of time caused the income per amount of time to make the compensation less interesting while still helping and cooperating with the county. There still will be expenses of sale (especially commissions), taxes, management, interest for credit and other expenses. Packet Pg. 631 16.A.19.c Given the above extreme hardship, proof of diligent abatement and cooperation with the county as given by the resolution 2012-46 I request from the County Commissioners a complete reduction of the violation fees. I agree to settle to pay any costs incurred by the county concerning this property. The costs, according to code enforcement are as follows: for the 1999 litter violation case, 80225022 (OR 2515 PG 1030), $1,825.20; for the 2003 building abandonment, 2003081576 (OR 3515 PG 1414), $500 in boarding up fees and $947 in "operational costs. The total for these cost items and settlement I offer is $3,272.20. The costs for the 2005 permit abandonment violation, CESD20100003911 (OR 4816 PG 1522), were paid. And, finally, I offer another$450 for the fines to cover what is asked for them for the department. So, the total offered is the $3272.20 plus this $450 for a total of$3722.20. I am unable to pay more as stated and explained above in the letter. Sincerely, j a� J James Bohrer o a) c4 a) d a7 t9 Rf m L .IJ a> CO Q it Packet Pg. 632