Agenda 03/14/2017 Item #16A1003/14/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$550,643.40 for payment of $1,000 in the code enforcement actions entitled Board of County
Commissioners v. Jose Emilio Morales. Code Enforcement Board Case No. CESD20130003648
relating to property located at 3745 Randall Blvd., 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 $550,643.40 for payment of $1,000 in relation to Code
Enforcement Board Case No. CESD20130003648.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Jose
Emilio Morales, in Case No. CESD20130003648, for code violations at 3745 Randall Blvd., consisting of
unpermitted electric, plumbing and alterations throughout the main structure and an unpermitted shed
with unpermitted electric and plumbing. The lien was recorded in the Official Records on May 21, 2014,
at O.R. Book 5039, Page 2448. The lien amount of $550,643.40 is based on 1,101 days of accrued fines
($500 per day from December 23, 2013 through December 27, 2016), $550,500 plus operational costs in
the amount of $143.40. The property was brought into compliance on December 27, 2016.
Following a foreclosure (Case No. 2015-CA-975), a Certificate of Title was recorded on July 12, 2016 in
favor of Sunshine Florida Apartments. Pursuant to Resolution No. 2012-46, a request for a 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.
Payment would cause a severe hardship on the new owner. Edith Perez, representing Sunshine Florida
Apartments, took title to this property which had numerous, uncorrected code violations. Given the
nature of the 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 $1,000 has
been paid in settlement of fines. The owner is requesting a waiver of $549,643.40 in accrued fines. (see
attached settlement letter). There are currently no known violations.
FISCAL IMPACT: Payment of $1,000 has been made, representing $856.60 in fines, plus $143.40 in
operational costs. If approved by the Board, accrued fines in the amount of $549,643.40 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 $549,643.40, accept payment amount of
$1,000, 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
ATTACHMENT(S)
1. Lien Order (PDF)
2. Release and Satisfaction - KN signed(16) (PDF)
3. Settlement ltr (PDF)
16.A.10
Packet Pg. 412
03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 2663
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $550,643.40 for payment of $1,000 in the code enforcement actions entitled Board of
County Commissioners v. Jose Emilio Morales. Code Enforcement Board Case No. CESD20130003648
relating to property located at 3745 Randall Blvd., Collier County, Florida.
Meeting Date: 03/14/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
01/30/2017 9:43 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/30/2017 9:43 AM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/31/2017 8:10 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 01/31/2017 8:12 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/31/2017 2:51 PM
Growth Management Department James French Additional Reviewer Completed 02/03/2017 9:32 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/03/2017 3:15 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/06/2017 10:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2017 4:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/27/2017 1:21 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/28/2017 4:22 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2017 10:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.A.10
Packet Pg. 413
16.A.10.a
Packet Pg. 414 Attachment: Lien Order (2663 : Morales, Release of Lien)
16.A.10.a
Packet Pg. 415 Attachment: Lien Order (2663 : Morales, Release of Lien)
16.A.10.a
Packet Pg. 416 Attachment: Lien Order (2663 : Morales, Release of Lien)
16.A.10.a
Packet Pg. 417 Attachment: Lien Order (2663 : Morales, Release of Lien)
16.A.10.b
Packet Pg. 418 Attachment: Release and Satisfaction - KN signed(16) (2663 : Morales, Release of Lien)
16.A.10.c
Packet Pg. 419 Attachment: Settlement ltr (2663 : Morales, Release of Lien)
16.A.10.c
Packet Pg. 420 Attachment: Settlement ltr (2663 : Morales, Release of Lien)