Agenda 12/13/2016 Item #16A20 16.A.20
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a combined accrued value
of$ 80,430.43 for payment in the amount of$ 10,830.43 in the code enforcement action entitled the
Board of County Commissioners v. Bank of America NA, Code Enforcement Board Case No.
CEPM20150010803, relating to property located at 4125 Golden Gate Pkwy, 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 $80,430.43 for payment in the amount of $10,830.43 in
relation to Code Enforcement Board Case No. CEPM20150010803.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Bank of
America NA, Case No. CEPM20150010803,for code violations at 4125 Golden Gate Pkwy, consisting of
a vacant dwelling with roof damage. The lien was recorded in the Official Records on October 9, 2015,at
O.R. Book 5202, Page 3827. The lien amount of$80,430.43 is based on 401 days of accrued fines, ($200
per day from September 8, 2015 through October 12, 2016) $80,200 for accrued fines plus operational
costs in the amount of$230.43.
The property was acquired by Jonathan Gust and Tatiana Gust, via Special Warranty Deed recorded on
November 13, 2015. The property was brought into compliance on October 12, 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. Jonathan Gust and Tatiana Gust 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 actively maintained and the owner has paid $10,830.43 in
settlement of fines. The owner is requesting a waiver of$69,600 in accrued fines, (see attached hardship
letter as required). There are currently no known violations.
FISCAL IMPACT: Payment of$10,830.43 has been made, representing $10,600 in fines and $230.43
in operational costs. If approved by the Board, accrued fines in the amount of$69,600 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$69,600, accept payment in the amount of
$10,830.43, 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
ATTACHNIENT(S)
1. Release and Satisfaction -KN signed(9) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
Packet Pg. 633
16.A.20
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Item Summary: Recommendation to approve the release of a code enforcement lien with a
combined accrued value of $ 80,430.43 for payment of $ 10,830.43 in the code enforcement action
entitled Board of County Commissioners v. Bank of America NA, Code Enforcement Board Case No.
CEPM20150010803,relating to property located at 4125 Golden Gate Pkwy, Collier County, Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
11/07/2016 4:46 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
11/07/2016 4:46 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/07/2016 5:20 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 11/08/2016 8:56 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 11/08/2016 9:05 AM
County Attorney's Office Kevin Noel! Level 2 Attorney Review Completed 11/08/2016 9:36 AM
Growth Management Department James French Additional Reviewer Completed 11/08/2016 10:12 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/09/2016 9:44 AM
County Attorney's 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 11:11 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 11/15/2016 8:26 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 10:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg. 634
16.A.20.a
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
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RELEASE AND SATISFACTION OF LIEN m
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
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OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Bank of America NA,
Respondent
The lien was recorded on October 9, 2015, in Official Records Book 5202, Page 3827, in the Y
Official Records of Collier County, State of Florida. The lien secures the principal sum of eighty
thousand four hundred thirty dollars and forty-three cents ($80,430.43), 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.
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ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By: a
Deputy Clerk Donna Fiala, Chairman
Date: Date:
a)
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Packet Pg. 635
INSTR 5181566 OR 5202 PG 3827 RECORDED 10/9/2015 8:48 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A:20.b
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20150010803
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
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vs. —J
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BANK OF AMERICA NA,
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Respondent.
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ORDEP; .P EE SPECIAL 1 A,&1f '. ' TE E
/ IMPOSING FINES/LIE
THIS CAUSE came before the S ecial_ "i‘ate for,subtle earl g upon the Petitioner's Motion
for Imposition of Fines/Liens On C ober '` ad�i m
". i ag strate, having heard argument
respective to all appropriate thatters, (here ipdn ss s i + .,_s Pf act and Order of the Special
Magistrate,as follows: '"`11 d "'"'r M
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\ FINDINGS OF IST ; r " ! j
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I. On August 7,2015, Respon nryas,found guilty of v,,ie atkoybf Collier County Code of Laws
and Ordinances, Chapter 22, A c e -Section-2.2- ,,(
3 c)for a vacant dwelling with roof
damage to the rear of the structure; dii .tg-erred on the property located at 4125
Golden Gate Parkway, Naples, FL, Folio 4i 360006(Legal Description: GOLDEN GATE °'
UNIT 1 BLK 6 LOT l5).
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 7,2015, 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 5185,PG 2256).
3. Operational costs of$115.55 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 Pg. 636
*** OR 5202 PG 3828 ***
16.A.20.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$200.00 per day are assessed against Respondent for 25 days for the period from
September 8, 2015 to October 2,2015, for a total amount of fines of$5,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.55. a)
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D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of 450
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E. Respondent is ordered to pay fines and costs in the total amount of$5,230.43 or be subject to13
Notice of Assessment of Lien against all ties owned by Respondent in Collier County, ¢
proper
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,tn1ue to accrue until at nt has been confirmed by a Collier E
F. The daily fine of$200.00 sh
County Code Enforcemenym ¢
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DONE AND ORDERED this 01,A1 . ,,,f--, Ivo-`t * ;2 k Collier County,Florida. m
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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.
State DI t-ivi,ua „ < ;
County of C0t�Lt . .-',
cc: Respondent–Bank of America NA
I HEREBY C84174�Y,TH�T this� .true
Collier Co. Code Enforcement Division Correct c 3PY ,dpcu rCitzpn fiii~in
Board M^7.t,es'� d V'crd§*of C Packet Pg 637
AIITh Q roc, hgtri-And-official's_
INSTR 5161412 OR 5185 PG 2256 RECORDED 8/18/2015 10:18 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.20.b
REC $18.50
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20150010803
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
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Petitioner, J
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vs. a)
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BANK OF AMERICA NA, c
Respondent. z
ORDER OF TIEL PECIAL MAGISTR TE o
THIS CAUSE came ori foript i45pb,4 - , Cnl Ma istrate on August 7, 2015, and m
the Special Magistrate, havin hl rdr'teem n un+e oat r�i'ed vidence and heard argument
respective to all appropriate att' s,iher p n ils sF s Fi° ir�gs Iiact and Order of the Special M
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Magistrate, as follows: .�.-,1 -...._,./ j{� c•,
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FINDINGS OF �fl! r �i ,!
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1. Respondent, Bank of Ameri the owner of„tht,�7�'Jpv{ject property.
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2. Respondent was notified of the da r n- . reified mail and posting and the Special
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Magistrate has jurisdiction of this matter. P
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3. Respondent, having been duly notified,did not appear at the public hearing. Si
4. The real property located at 4125 Golden Gate Parkway, Naples, Florida,Folio#3564I360006
(Legal Description: GOLDEN GATE UNIT I BLK 6 LOT 15), is in violation of Collier County
Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(c),in the following
particulars:
Vacant dwelling with roof damage to the rear of the structure.
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. 07-44, as amended,
it is hereby ORDERED:
Packet Pg. 638
*** OR 5185 PG 2257 ***
16.A.20.b
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22,Article VI, Section 22-231(12)(c).
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permit, inspections, and Certificate of Completion/Occupancy on or before
September 7,2015 or a fine of 5200.00 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 c
may abate the violation using any method to bring the violation into compliance. If necessary,the °i
County may request the services of the Collier County Sheriff's Office for the purpose of o
accessing the property for abatement. All costs of abatement shall be assessed against the y
property. a
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D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$115.55 on or before September 7,2015. z
E. Respondent shall notify the Coe
ddtnrent-Inv e ,3ohn Connetta,within 24 hours of a�
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abatement or compliance soul inspection may Armed to confirm compliance. Q
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DONE AND ORDERED this r idayak a:% ,2015t C llier County,Florida. .^
State of Florida et
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County of COLLIER ( (77—\:j,'i iOLIIIL4t)" A , �i km. , 104 sC ' CbDE ENFORCEMENT L1HEREBY CER'f(FY THAT this is a tns _ ?%` llMA E N
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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. ft 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)—Bank of America NA,
Collier Co.Code Enforcement Division
Packet Pg. 639
16.A.20.c
Board of County Commissioners October 27th, 2016
3299 Tamiami Trail East,Suite 303
Naples,FL 3411.2
RE: 4125 Golden Gate Parkway
Dear County Commissioners,
We are requesting a reduction of fines for the property located at 4125 Golden Gate Pkwy, Naples, FL 34116.As
can be seen in the permits on file,we have taken costly measures to bring this property into a nice livable °'
building and into compliance with regards to zoning and building codes.
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The damage to the structure was much more than anticipated when we started the project. Initially the damage m
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was only in the rear portion of the property, but due to extensive damage within the roof, which was not visible
from the outside,we had to completely open the roof and replace several trusses.At this time,we had to
process a:complete reroof since it is required by the building code when repair exceed 25%of the roof cover.
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Additionally, due to the fire damage we had to replace all the electrical wiring within the house, install brand
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new air conditioning system with all associated new duct work on both units, and fix the plumbing lines.
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Plumbing fixtures were missing or destroyed,and plumbing lines had to be re-worked due to vandalism within [C1
the lines. re)
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This project took us considerably longer than we anticipated to complete due to the additional work that we
kept finding when trying to repair the house.A project that we initially thought it would cost us about$40,000
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was at the end well over$120,000.We did not have the available funds to do all these improvements at once rts
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and we worked slowly with different contractors to minimize the overall cost of these repairs. a:
Having to pay the additional fines to code enforcement will be an enormous hardship to our family,and we
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currently don't have the funds to process this payment.
We ask you to please consider the payment already made in the sum of$10,830.43 as payment in full. We have
improved our community by transforming a nuisance home into a nice living quarters for two hard working
families.
Respectfully,
•
Jon &Tatiana Gust •!'1
Packet Pg. 640