Agenda 09/26/2017 Item #16A4109/26/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$222,600 for payment of $7,000 in the code enforcement actions entitled Board of County
Commissioners v. H & H 29th Ave Holdings LLC. Code Enforcement Board Case No.
CESD20100019403 relating to property located at 3220 29th Ave NE, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $222,600 for payment of $7,000 in relation to Code Enforcement Board
Case No. CESD20100019403.
CONSIDERATIONS: As a result of code violations at 3220 29th Ave NE, consisting of a Tiki hut, a
shed and front wall structure without Collier County Building Permits. The lie n was recorded in the
Official Records on August 19, 2011, at O.R. Book 4712, Page 448. The lien amount of $222,600 is
based on 2,226 days of accrued fines ($100 per day from May 5, 2011 through June 7, 2017) $222,600.
The property was acquired by H & H 29th Ave Holdings LLC, via Quit Claim Deed recorded on January
5, 2011. The new owner brought the property into compliance on June 7, 2017.
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 new property owner. H & H 29 th
Ave Holdings LLC took title to this property with uncorrected code violations. The new owner had relied
on representations made by third parties and believed that these amounts and violations had been cured
years ago. It took a substantial amount of time and money to bring this property into compliance . The
property is being actively maintained and $7,000 has been paid in settlement of fines. The owner is
requesting a waiver of $215,600 in accrued fines, see attached hardship letter as required. There are
currently no known violations.
FISCAL IMPACT: Payment of $7,000 has been made, representing $7,000 in fines. If approved by the
Board, accrued fines in the amount of $215,600 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 $215,600, accept payment amount of
$7,000, 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 (PDF)
2. Hardship ltr (PDF)
3. Release and Satisfaction - KN signed (PDF)
16.A.41
Packet Pg. 1034
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.41
Doc ID: 3548
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $222,600 for payment of $7,000 in the code enforcement actions entitled Board of
County Commissioners v. H & H 29th Ave Holdings LLC. Code Enforcement Board Case No.
CESD20100019403 relating to property located at 3220 29th Ave NE, Collier County, Florida.
Meeting Date: 09/26/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
07/31/2017 10:33 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
07/31/2017 10:33 AM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 07/31/2017 11:01 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 08/09/2017 10:11 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/14/2017 3:48 PM
Growth Management Department Nancy CardinaleLower Level 2 Division Administrator Skipped 07/31/2017 10:27 AM
Growth Management Department James French Additional Reviewer Completed 08/14/2017 6:26 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/15/2017 2:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 2:38 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 3:41 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:46 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:17 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.41
Packet Pg. 1035
16.A.41.a
Packet Pg. 1036 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1037 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1038 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1039 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1040 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1041 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1042 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.a
Packet Pg. 1043 Attachment: Lien (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.b
Packet Pg. 1044 Attachment: Hardship ltr (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.b
Packet Pg. 1045 Attachment: Hardship ltr (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.b
Packet Pg. 1046 Attachment: Hardship ltr (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.b
Packet Pg. 1047 Attachment: Hardship ltr (3548 : H & H 29th Ave Holdings LLC, Release of Lien)
16.A.41.c
Packet Pg. 1048 Attachment: Release and Satisfaction - KN signed (3548 : H & H 29th Ave Holdings LLC, Release of Lien)