Agenda 01/27/2015 Item #16A 8 1/27/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$206,586.43, for payment of $536.43, in the code enforcement action entitled Board of County
Commissioners v. Frank Paz, Code Enforcement Board Case No. 2006081159, relating to property
located at 2864 10th Ave SE,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$206,586.43, for payment of$536.43, in relation
to Code Enforcement Board Case No. 2006081159.
CONSIDERATIONS: As a result of a code violation at 2864 10th Ave SE, which consisted of
clearing of the property, in excess of an acre, without the required Collier County permits, the
Code Enforcement Board ordered the imposition of a lien against Frank Paz in Case No.
2006081159. The lien was recorded in the Official Public Records on May 5, 2009, at O.R.
Book 4449, Page 2338, and it encumbers all real and personal property owned by Frank Paz.
The lien amount of $206,586.43 is based on 2,065 days of accrued fines (January 30, 2009
through September 25, 2014)at$100 per day plus $86.43 in operational costs.
The code case was opened in 2006 and Mr. Paz was unable to comply with the order due to his
financial hardships as evidenced in the attached letter. In the letter he states that the prospective
buyers at the time, now new owners, were the ones who, at their own risk, spent a great deal of
time and costs associated in bringing this property into compliance before they purchased it. The
property was brought into compliance by the then prospective buyers on September 25, 2014. A
warranty deed was recorded on December 3, 2014 in favor of Ramon and Teresita Barroso.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
payment of a code enforcement lien 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. The new
owners have been actively maintaining the property and have paid $536.43. The new owners are
requesting the waiver of$206,050 in accrued fines.
FISCAL IMPACT: Payment of the $536.43 fine has been made representing $450 in fines and
$86.43 in operational costs. If approved by the Board, accrued fines in the amount of$206,050
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
[14-CED-00976/1 1 41 33 3/1]
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RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $206,050, accept payment amount of $536.43, 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: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship Letter
[14-CED-00976/1141333/1]
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1/27/2015 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$206,586.43,for payment of$536.43, in the code enforcement action
entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No.
2006081159, relating to property located at 2864 10th Ave SE, Collier County, Florida.
Meeting Date: 1/27/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator,Code Enforcement
12/17/2014 10:47:05 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/6/2015 1:19:21 PM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 1/7/2015 1:19:29 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/7/2015 1:46:24 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 1/14/2015 10:02:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/2015 1:55:47 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
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1/27/2015 16.A.8.
Date: 1/15/2015 9:08:18 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 1/20/2015 8:55:27 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 10:21:05 AM
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1/27/2015 16.A.8.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
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
personal property owned by:
Frank Paz
Respondent
The lien was recorded on May 5, 2009, in Official Records Book 4449, Page 2338, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eight
thousand four hundred eighty-six dollars and forty-three cents ($8,486.43), 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.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noel!
Assistant County Attorney
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Beta:
4291040 OR: 4449 PG: 2338 1/27/2015 16.A.8.
CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RIC FEE 18.50
INTEROFFICE 05/05/2009 at 10:51AX DWIGHT B. BROCR, CLERK
ATTN: JEN WALDRON CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2006081159
vs.
FRANK PAZ,
Respondent
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE having come be Ro11 Tom.`' Code Enforcement Board at public
hearing on April 23,2009, on Co . : otion for Imp* i Fines/Liens,and the Board
having heard the matter and be, g • • , :• ' -d in the 'remis- • an
WHEREAS,this matt r w: heard - ode a force ent oard on October 31,2008,
after due notice to Respond- tat 3TFP!tt'mo y un der oath received
evidence,and issued its Findi ,8 thOrder which was reduced to ) on November 6, s d ' hed to Respondent and was
recorded in the Public Records o O r County, Florida a •'1407, PG 1775, et. seq.on
November 13,2008;and
WHEREAS, IHE c, -�
an Affidavit of Non-Corn • e as been filed with the Board by the Code
Enforcement Official,which Affidavit certified under oath that the required corrective action has
not been taken as ordered; and
WHEREAS,it having been brought to the Board's attention that Respondent has not
complied with the Order dated November 6,2008, it is hereby
ORDERED that the Respondent, Frank Paz,pay to Collier County fines in the amount of
$8,400 for the period of January 30,2009 through April 23,2009(84 days) at a rate of$100 per I
day,plus$86.43 for the operational costs incurred in the prosecution of this case for a total of
$8,486.43.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue
until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a
lien filed pursuant to Section 162.09 Florida Statutes.
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* OR: 4449 PG: 2339 ***
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 nova,
but shall be limited to appellate review of the record created within. Filing an Appeal shall not
stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,
constitute a lien against the property as described and/or any other real or personal property
owned by Respondent.
DONE AND ORDERED this ft day of April,2009 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY: ,its.:.✓F
/t p, ;g•! ,�,ebvr,, Chair f
i; �'r'' rseshoe Drive
Naples, - 4104
STATE OF FLORIDA ) -
COUNTY OF COLLIER)
(-) (IC W &-
The foregoing ins• . as acknow edged ' fore e t ' "" 1--day of April,2009,by
Gerald Lefebvre,Chair of the = Enforcement Bo. ; r.l `-� •unty, Florida,who is
personally known to `'.< who has prof - •' ,,trrida Driver's License as
identification. ��
WANDA RODRIG . j
J 21,2011 NOTARY PUBLI •
4 Bm6dltru Troy Flirt ran:ea.Tl6 %
My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORD R as been sent by U. S.
Mail to Frank Paz,2864 10'x'Avenue SE,Naples,Florida 34117 this ( ay of April,2009.
u: r■.,UrtiLiA
minty of COLLIER kCjit C
HEREBY CERTIFY e1,111110 Ashton-Cicko,Esq.
)sect copy of d qatime4iso Florida Bar No. 966770
oard Minutes an Ri{t olas-t OW Attorney for the Code Enforcement Board
/1 T, SS my nagin atit Qua! Office of the County Attorne
L day of Q`� Zc •- Y Y
w 3301 East Tamiami Trail, Bldg. F
BM* .'' • f!P COURTS Naples,Florida 34112
_. 0 (239)252-8400
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Naples October 9,2014
COLLIER COUNTY CODE ENFORCEMENT
COWER COUNTY BOARD OF COMMISSIONERS
Reference: Frank Paz- Case#:20006081159
2864 10th Av SE
Naples Ft.34117
Dear Sirs.
I am writing this letter to let you know that I do not have any money or funds to pay the fine originated
for the violation to the code enforcement rules.My hardship is real and let me explain you the chain of
events that take me to this position.lam a truck driver;in 2009 I lost my job with Express Trucking.
Around the same time I started to have marital difficulties and I separated from my wife,the mother of
my two daughters.She started a legal process to get child support and finally we got to an amicable
agreement but,I am still paying for child support.I have had to stop the payment of the mortgage and
since that time rye been fighting for a loan modification but never was granted due to my lack of steady
income.In 2011 I got a DUI in the State of Alabama and my Commercial Driver License was suspended.
Being without work on a continuous basis and only doing some on call jobs just to have enough to
survive;there's been times I've gone without nothing to eat.In August 2014 I got another DUI in Collier
County and my Driver License Privileges were revoked indefinitely.With no income to pay any of these
any fines at all and I am taking the risk to be sent to jail due to not being able to pay the court's fines
caused by the DUI.
In order to avoid the Foreclosure I have applied to participate in a Federal Program called HAFA,(Home
Avoiding Foreclosure Alternatives).The property is under HAFA short sale process since June 2014 and
the sale has been approved by the Bank owner of the loan,Select Portfolio Service.According to the
bank,the property is in very bad conditions and unlivable.The bank valuated in$90,000.00 due to the
repairs that must be done and are hoping to receive the funds before Nov 14th,2014.Then the property
will be repaired and will look nice in the neighborhood,saving another property of foreclosure and
abandon.
Also let you know that in order to remedy the violation,the prospect buyer of the property pay for the
trees that have been planted and for the labor done.I didn't have the money and the buyer did it under
his own risk.
This is the reality of my situation.
Please,I request the fine to be waived in order to release the lien and sale the house without any profit
for me,only a relocation incentive of$3,000.00 to relocate and start over with my life.
Sincerely,
V/r/7/4
Frank Paz. /67 C7_ %/i•
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