Agenda 02/10/2015 Item #16A13 2/10/2015 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a net accrued value of
$35,754.99, for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Carlos I. Hernandez and Maria A. Carranza, Code Enforcement Board Case No.
CEVR20100021320, relating to property located at 1855 42nd Street SW, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with a net accrued value of$35,754.99, for payment of$450, in relation to
Code Enforcement Board Case No. CEVR20100021320.
CONSIDERATIONS: As a result of a code violation at 1855 42nd Street SW, for prohibited
exotic vegetation on the property which impeded the sight design triangle,the Code Enforcement
Board ordered the imposition of a lien against Carlos I. Hernandez and Maria A. Carranza in
Case No. CEVR20100021320. The lien was recorded in the Official Public Records on October
18, 2011, at O.R. Book 4728, Page 924, and it encumbers all real and personal property owned
by Carlos I. Hernandez and Maria A. Carranza. The lien amount of$122,285.72 is based on 594
days of accrued fines (August 28, 2011 through June 19, 2012 for order items 1, 2, 3 and 4) at
$200 per day, plus $85.72 in operational costs and $3,400 in abatement costs. The property is in
compliance as of June 19, 2012.
JJF2 Trust, M L Shapiro, Trustee, acquired the property through a tax certificate on February 4,
2014 and paid $105,000. The County received $86,530.73 from the proceeds, reducing the
accrued fines to $35,754.99.
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, the new owner has
diligently pursued abatement, and compliance has been achieved. The property is being actively
maintained and the owner has paid $450 in fines. JJF2 Trust, M L Shapiro, Trustee is requesting
a waiver of$35,304.99 in accrued fines.
FISCAL IMPACT: Payment of$450 in fines has been made. All costs ($3,485.72) and over
$80,000 in fines, were previously paid in conjunction with the February 2014 tax deed sale. If
approved by the Board, accrued fines in the amount of$35,304.99 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: That the Board of County Commissioners waives the remaining fines
in the amount of $35,304.99, accept payment in the amount of $450, release the lien, and
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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
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
15-CED-00987/1 146533/1
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the release of a code enforcement lien with
a net accrued value of$35,754.99, for payment of$450, in the code enforcement action
entitled Board of County Commissioners v. Carlos I. Hernandez and Maria A. Carranza, Code
Enforcement Board Case No. CEVR20100021320, relating to property located at 1855 42nd
Street SW, Collier County, Florida.
Meeting Date: 2/10/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
1/21/2015 1:24:05 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/22/2015 12:05:36 PM
Name: WrightJeff
Title:Director-Code Enforcement, Code Enforcement
Date: 1/27/2015 4:46:08 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/27/2015 5:05:16 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/28/2015 4:35:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/29/2015 11:06:34 AM
Name: IsacksonMark
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2/10/2015 16.A.13.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/30/2015 9:07:28 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 11:39:50 AM
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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:
Carlos I. Hernandez and Maria A. Carranza
Respondents
The lien was recorded on October 18, 2011, in Official Records Book 4728, Page 924, in the
Official Records of Collier Count y, State of Florida.da. The lien secures the principal sum of ten
thousand four hundred eighty-five dollars and seventy-two cents ($10,485.72), 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 Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 4617062 OR 4728 PG 924 RECORDED 10/18/2011 10:12 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY.FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA, •
Petitioner, CASE NO.:CEVR20100021320
vs.
CARLOS I. HERNANDEZ AND MARIA A.CARRANZA,
Respondents
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearingge(o[e aotrjtai July 28,2011,after due notice to
Respondents at which time the Board heard testi oily-Lnder oa ec\i0e'd idence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued Sts,ofal Order which was rt4uistip writing on August 2,2011
and furnished to Respondents and was recorc ''in the Public Records of Collier County,Florida at OR 4708,PG
1575,et.seq.on August 5,2011 . i
An Affidavit of Non-Compliance haxlaesil f 1 th'he Boa the7Codd Enforcement Official on
September 13,2011,which Affidavit certifiid,un t f"oafhYh3t tiii t" d ettive'�action has not been taken as
ordered. ;
Accordingly,it having been b or uic Boa.�'�attca n t p „.rts have not complied with the
Order dated August 2,2011,it is hereby'
ORDERED,that the RespondentfiCarios I Hernandez and 4A/cranza,pay to Collier County fines
in the amount of S5,200(Order Item I and' for the period of August 23/30y1,through September 22,2011 (26
days)at$200 per day,plus fines in the amdun(gf'S5,200(Order ltcrrt.Yp�t3.4 for the period of August 28,2011
through September 22,2011 (26 days)at S200-p&d4y, tns-S8_. al costs incurred for the imposition of
fines,for a total of 510,485.72. t. t
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to
Section 162.09 Florida Statutes.
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 novo,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 andlor any other real or personal property owned by Respondents.
DONE AND ORDERED this day of -, {;f - ,2011 at Collier County,Florida,
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:
Kenneth Kelly,Chair
2800 North Horseshoe Drive
Naples,Florida 34104
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r** OR 4728 PG 925 ***
STATE OF FLORIDA
)SS:
COUNTY OF COLLIER) {�Q�
The foregoing instrument was acknowledged before me this day of ""mot • „2011,by
Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ° personally
known to me or who has produced a Florida Driver's License as identification.
�Iflllllly,
NOTARY PUBLIC
��,... KRt5TINE TINENYE
1?' r%
Notary ublic-State of Florida My commission expires:
ill"' My Comm.Expires Jun 18,201e iRT IFICATE OF SERVICE
• 7, Commission N EE 87272 oregae
Tara yts.irCrgin ':•i•..l: correct copy of this ORDER has been sent by L1.S.Mail to Carlos I
Hernand and Maria A.Carranza,1855 I Street S.W.,Naples,Florida 34116 this L•/ day of
_ � 2011. �_}____
f , M.Jeans c tson,Esq.l�
`----Flofic‘a Bar 1Q 751311
! Attorney for thb Code Enforcement Board
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