Agenda 09/26/2017 Item #16A4309/26/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$298,950 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Fidel and Esperanza Alviar, Jr., Code Enforcement Board Case No.
CESD20110000036 relating to property located at 519 Adams Avenue, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners (Board) to accept an offer to release a code
enforcement lien with an accrued value of $298,950 for payment of $500 in relation to Code Enforcement
Board Case No. CESD20110000036.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Fidel and Esperanza Alviar, Jr., in Case No. CESD2 0110000036 for code
violations at 519 Adams Avenue, consisting of unpermitted additions and sheds without Collier County
Building Permits. The lien was recorded in the Official Records on October 18, 2011, at O.R. Book
4728, Page 930. The lien amount of $298,950 is based on 1,993 days of accrued fines ($150 per day from
August 28, 2011 through February 9, 2017). The property was brought into compliance on February 9,
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 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. and Mrs. Alviar had severe financial problems and
filed bankruptcy and borrowed money from family and friends to save the home from foreclosure. 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 $500 has been paid in settlement of fines.
The owner is requesting a waiver of $298,450 in accrued fines, see attached hardship letter as required.
There are no known violations.
FISCAL IMPACT: Payment of $500 has been made, representing $500 in fines. If approved by the
Board, accrued fines in the amount of $298,450 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 $298,450, accept payment amount of
$500, 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. Release and Satisfaction - KN signed(3) (PDF)
2. Lien Order (PDF)
3. Hardship Letter (PDF)
16.A.43
Packet Pg. 1066
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.43
Doc ID: 3522
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $298,950 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Fidel and Esperanza Alviar, Jr., Code Enforcement Board Case No.
CESD20110000036 relating to property located at 519 Adams Avenue, Collier County, Florida.
Meeting Date: 09/26/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
07/21/2017 3:32 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
07/21/2017 3:32 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/14/2017 3:40 PM
Growth Management Department Judy Puig Department Head Review Skipped 08/14/2017 3:36 PM
Growth Management Department James French Deputy Department Head Review Completed 08/14/2017 6:20 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 07/24/2017 7:58 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 07/31/2017 9:30 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 07/31/2017 4:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 1:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 3:08 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:35 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2017 10:50 AM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.43
Packet Pg. 1067
16.A.43.a
Packet Pg. 1068 Attachment: Release and Satisfaction - KN signed(3) (3522 : Alviar, Release of Lien)
16.A.43.b
Packet Pg. 1069 Attachment: Lien Order (3522 : Alviar, Release of Lien)
16.A.43.b
Packet Pg. 1070 Attachment: Lien Order (3522 : Alviar, Release of Lien)
16.A.43.b
Packet Pg. 1071 Attachment: Lien Order (3522 : Alviar, Release of Lien)
16.A.43.b
Packet Pg. 1072 Attachment: Lien Order (3522 : Alviar, Release of Lien)
16.A.43.c
Packet Pg. 1073 Attachment: Hardship Letter (3522 : Alviar, Release of Lien)
16.A.43.c
Packet Pg. 1074 Attachment: Hardship Letter (3522 : Alviar, Release of Lien)
16.A.43.c
Packet Pg. 1075 Attachment: Hardship Letter (3522 : Alviar, Release of Lien)