Agenda 03/10/2015 Item #16A 7 3/10/2015 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$1,914.43, for payment of $714.43, in the code enforcement action entitled Board of County
Commissioners v. Valente Hernandez, Special Magistrate Case No. CENA20130015260, relating to
property located at 980 Auto Ranch Road(Lot 19),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$1,914.43, for payment of$714.43, in relation to
Special Magistrate Case No. CENA20130015260.
CONSIDERATIONS: As a result of a code violation at 980 Auto Ranch Road (Lot 19), which
consisted of weeds and grass in excess of eighteen (18) inches in height, the Special Magistrate
ordered the imposition of a lien against Valente Hernandez in Case No. CENA20130015260.
The lien was recorded in the Official Public Records on May 23, 2014, at O.R. Book 5040, Page
2340, and it encumbers all real and personal property owned by Valente Hernandez. The lien
amount of$1,914.43 is based on 33 days of accrued fines (February 15, 2014 through March 19,
2014) at $50 per day, plus $229.43 in operational and $35 in abatement costs. The property is in
compliance as of March 19, 2014.
This property was conveyed to Mr. Valente Hernandez on May 22, 2009 after the passing of his
sister. Mr. Hernandez, who lives out of town, was unable to comply with the order until March
19, 2014, due to the logistics and financial hardships explained in the attached hardship letter.
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 may be considered for a waiver as long as the
existing owner has diligently pursued abatement and compliance has been achieved. The owner
has been actively maintaining the property and has paid $714.43. The owner is requesting the
waiver of$1,200 in accrued fines.
FISCAL IMPACT: Payment of $714.43 in fines has been made representing $450 in fines,
$229.43 in operational costs and $35 in abatement costs. If approved by the Board, accrued fines
in the amount of$1,200 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 waive the fines in the
amount of $1,200, accept payment amount of $714.43, release the lien, and authorize the
[1 5-CED-00996/1150677/1]
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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
3)Hardship letter
[15-CED-00996/1150677/1]
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3/10/2015 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$1,914.43,for payment of$714.43, in the code enforcement action entitled
Board of County Commissioners v.Valente Hernandez, Special Magistrate Case No.
CENA20130015260, relating to property located at 980 Auto Ranch Road (Lot 19), Collier
County, Florida.
Meeting Date: 3/10/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
2/10/2015 11:50:13 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/11/2015 11:37:45 AM
Name: WrightJeff
Title:Director-Code Enforcement, Code Enforcement
Date: 2/12/2015 10:25:12 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/12/2015 4:42:57 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/25/2015 9:10:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25/2015 1:18:01 PM
Name: IsacksonMark
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3/10/2015 16.A.7.
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/2/2015 9:11:13 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/2/2015 11:07:19 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:
Valente Hernandez
Respondent
The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2340, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
thousand nine hundred fourteen dollars and forty-three cents ($1,914.43), 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 Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 4986219 OR 5040 PG 2340 RECORDED 5/23/2014 9:16 AM PAGES 2 3/10/2015 16.A.7.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20130015260
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
VALENTE HERNANDEZ,
Respondent.
_/
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,,,,.,,��, � �`�
ORDER OE T1IE SPECIAL EMAGISTRATE
'IMPOSING FINES/LIENS v,
THIS CAUSE came before. the Spec�i.al�agistrate for public hearing upon the Petitioner's
Motion for Imposition of Fine /Liefnsc 2; ijy S'Iie Ma istrate,having heard argument
respective to all appropriate ma rsf he u�on is ;\sr •M ',di/4s of tact and Order of the Special
Magistrate,as follows: ,F' ,.h �, , ;)
• `, FINDINGS OF T{t ,/ `f
\ /
I. On February 7,2014,Respo{ode i�14vas found guilty of. i Qialton of Collier County Code of Laws
and Ordinances,Chapter 54,\Ale-V1;-,Section-5 }for weeds and grass in excess of 18
inches,which violation occurred hrop'eie tell-at 980 Auto Ranch Road,Lot 19,
Naples,FL,Folio 4769720003(Legal s ion:20 51 27 E 62FT OF W 124FT OF N 145FT
OF THE FOLLOWING: DESCRIBED AS:COMM SW CNR SEC,E 697.99,N 660FT).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 14,2014,or a fine of$50.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 5010,PG 3484).
3. Operational costs of$115.40 Mewled by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented,
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been
timely filed.
6. The violation has been abated as of March 19,2014.
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*** OR 5040 PG 2341 *** 3/10/2015 16.A.7.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$50.00 per day are assessed against Respondent for 33 days for the period from
February 15,2014 to March 19,2014,for a total amount of fines of$1,650.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.40.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.03.
E. Respondent shall pay the abatement costs incurred by the County in the amount of$35.00.
F. Respondent is ordered to pay fines anc l itrt'- amount of$1,914.43 or be subject to
Notice of Assessment of Lien atrt„aib=propert ' . by Respondent in Collier County,
Florida. ,/,- - � -
/
.v
DONE AND ORDERED this
• j fdt ire:•. ,201x1 at t +Collier County,Florida.
i/ !, ., 1 \ \
I CODE ENFORCEMENT
(� I S' a� A 14tA STRAtTE
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax#
(239)252-2343.Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
NA!of Honda
cc: Respondent(s)—Valente Hernandez County of COLLIER ,.
Collier Co.Code Enforcement Dept. i'',tb
I HEREBY CERTIFY T 1f�' 'ihisis a true and;
correct copy of a documertt -o,1Tte in °a
Board Minutes and.Pecorgpf.Collier,CbuftlC,
W 11.45f S my h �d�e_nd o iciat eal this
c "N "day of n[ =t
WIGHT E. RACK;Ct Ft v3 3•''
c juwift
D.C.
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Valente Hernandez& Luis Medina
212 Kraemer ST.
Houma, LA 70364
To whom it may concern:
My name is Luis Medina, nephew to Valente Hernandez, the current owner of the
property to which this case pertains. We are co-writing this letter as a means of sharing with
readers of why this home was left to deteriorate but to do that we must give a biography of
the events surrounding our live in order to put our situation into perspective. I was born in
Atlanta Georgia to Lucia Hernandez and Emeterio Medina. Due to domestic violence we
relocated to Naples Florida with the help of an uncle named Valente Hernandez who happens
to be the owner of the property in question. For awhile we lived in an apartment alongside
my uncles family. A little while later my mother had gathered up a enough money for us to
get a house of our own and so we finally moved on to a different part of town while still
maintaining contact with the rest of the family. As time went on my mom sold our home and
she bought another one on the edge of town located on 980 Auto-ranch Road. After a few
happy years my mother started falling seriously ill to the point where she couldn't always get
out of bed. One day my mother fell ill to the point where she had to be rushed to the hospital
by a family friend, after a long wait and careful examination the doctor returned with
shocking news. According to him my mother was gravely ill with only hours to live. The
only solution was emergency surgery. The culprit: Late stage ovarian cancer. This moment
marked the beginning of what was to be series of dramatic events that unfolded upon our
lives. When my mother finally came home from the hospital she was bed ridden and up to
her neck with hospital bills and due to the fact that she was undocumented, insurance wasn't
an option. We still had many family friends coming by to visit but all our family had since
moved to other places and so we were disconnected from them. Eventually my uncle
Valente found out what had occurred and so he once again came to our rescue. The house
was rented and we moved in with my uncle who by this time lived in Northern Florida in a
small town named Hernando. As a precaution in case she were to fall ill again, my mother
transferred the property over to my uncle Valente. who in case she passed away, would then
pass the trailer down to me and my sister. While living with my uncle he made us as
comfortable as possible and also took care of any expenses we incurred. During the next
couple of months everybody pitched in to help in whatever way they could and eventually my
mother underwent another surgery. Another uncle, Beto also lived close by and he was also
around ready to lend a hand. Eventually my uncle Valente ran out of work and decided to
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make a large leap to Louisiana. We decided it would be best if we stayer' behind a little
longer meanwhile my mom recovered from her second surgery; like before he stilt managed
our expenses, we made a poor but happy and honest living. With time my mom became
healthy enough to get a job but the problem was that Hernando was a small town and so it
was difficult for her to get a job especially since she was undocumented And so once again
after a long talk with my uncle we decided to follow in his footsteps. It was the last day of
school and I had just arrived home from school when my uncle Beto pulled into the drive
way in his small Nissan pickup. After a brief talk with my morn we started packing and were
soon on the road towards Houma, Louisiana. When we arrived we were well greeted and
treated by my uncles family, my mom eventually settled in a grocery store and I went to
school. For awhile we were making it work but eventually my sister caused some problems
with in the family. This led to my mom and uncle getting off to the wrong foot and while my
uncle never ordered my mom to do anything, she decided it would be best to move out. Low
on money, but high in faith we landed in a ghetto near downtown Houma, what would
become my new home for a good while. By this time I was fourteen years old and
unfortunately we had moved into a street intersection known for trouble. Coming from the
stillness of the Central Florida country it was a little shocking at first but I gradually adjusted.
And so this was the beginning of a new chapter in my life. It was school and home for me
and my sister,while my mom kept making ends meet. In a way it was depressing looking out
the hazed and tint chipped windows of the home we rented and seeing the thing that occurred
in this crime infested area that surrounded our struggling lives. Whether is was the police
sirens accompanied by their flashing array of lights racing daily down our streets, or that one
thirty plus man brawl that took place one afternoon after returning from school, that ended in
bloodshed and a shootout right in front of my house, it never seemed to end. Luckily my
mother was strong, strong enough to keep me strong and optimistic that there were better
things to come. Eventually my mom found a small home a couple streets down in a calmer
part of the same neighborhood and once again we moved. The home was owned by a kind
man named Johnell Mitchell. We were once again beginning to smile in the face of all that
opposed our will to be happy. After a couple of months in our new home my mother once
again started falling ill each time getting progressively worse. It was reminiscent of
something I had well experienced in the past, and so I feared for the worst as I knew cancer
was a possibility. After enough persuading from friends and family my mom finally agreed
to eo to the doctor. I was sitting in the kitchen table after just getting home from school
waiting for my mom to enter as I had just heard her car arriving. My mom stormed into the
house tear ridden crying and talking on the phone at the same time. My eyes instantly teared
up as I knew my mother to only cry in the face of something grave, only very few times in
my life had I seen my mom cry and so I instantly knew there was bad news to share. She
quickly ended her call and gathered me and my sister in the stillness of our small kitchen
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table, looked us straight in the eyes, told us to be strong, hugged us, and broke the news. The
doctor told her the cancer had reemerged and that this time it was terminal. He gave her six
months. I was dumbfounded by the news, never in my life had I felt such pain. My stomach
twisted to the news and my mind went blank. the word death echoed in my mind and I broke
out in tears, tears that spilled my desperation of life and sorrow of my pain. A few days and a
couple dozen phone calls later a plan was laid down. Me and my sister would stay with
grandma while my mom set off to to Mexico to a cancer and disease clinic. The plan moved
forward and eventually I was standing at the bus station in Lafayette staring at my moms big
beautiful dark brown eyes saying our our last goodbyes; we head our separate ways. I went
home to continue school and she headed to the clinic in Mexico which would be paid by both
my uncle Valente and Beto. Only a few short months later it was summer and I was headed
towards Mexico. My mom had quit the treatment stating that it was to expensive and that it
wasn't fair for my uncles to be paying so much money. She left to go live with our family in
Mexico. When I reunited with my mom she was a shell of her former self. She was weak
and I was scared. I spent a month in Mexico and eventually along with my mom, decided
that it would be best to continue my studies in the U.S. while she stayed in Mexico with my
sister as she had just graduated high school. I arrived in Louisiana to live with my uncle
Valente. A couple months later on September 12, 2011 I received the news that my mother
had passed away. As you can imagine I was destroyed from the inside out, especially when
considering the fact that I was not at her side during her final moments. I was going through
a really hard time, but at this point i wasn't the only one. All throughout this time my uncle
Valente had kept an eye on us. He payed all the bills and expenses that we had while we
lived with him and never once thought twice about it. This was just the kind of man he was
and even though it was a selfless way to live it finally took it's toll. After maintaining a
family of nine including his family, my family, and our grandparents it was becoming more
than he could handle. Eventually he had problems within his family and this resulted in him
splitting from my aunt. He stayed in the U.S. with two of my cousins and my aunt left to
Mexico with the other two. He was now financially unstable and depressed but time
continued forward. It was a short-while after this when he started a new relationship but
things didn't go as planned and we were forced to be separated. He know sent money for his
children in Mexico. some money was used on me,another bit was used on his expenses
including my cousins, another bit going towards a property he hadn't paid off, and a large
portion was used to meet the demand of his money hungry wife. All this combined with
everything he had already spent while my mom was ill led him to live paycheck to paycheck.
With this in mind, I got my fist job at 16 and then a second job a little later to help support
myself. After some time I finally had enough money to buy a car even though I still didn't
have a license (I could not get one). But once again life was against me and on my way back
from Baton Rouge. after just purchasing my car I hit a huge pot hole and lost control of my
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car. The car was totaled due to water damage, but luckily I was unscathed I was fed up
with life to the point where I was ready to quit school. Luckily I had friends and family who
cared for me. While my uncle couldn't help me out financially he kept guided in the right
direction. I continued to work until once again and I had reunited enough money to buy
another car. I went to baton rouge and with god on my side this time I returned with my new
car. Soon after when I turned 181 went to get my drivers license as by this time I didn't need
a parent/guardian signature (1 did not have a legal guardian) and I continued my senior year
in high school. I graduated with honors in the class of 2014 from Terrebonne High school
and since by this time my uncle had finally separated from his wife I finally moved in with
him just before graduation. During this time my sister had been taken in by my uncle Beto
who lived in Hernando, Florida and she eventually returned to Naples. We had talked over
the phone shortly after my mother passed away and we had a strong dispute where words that
shouldn't have been said were spoken and from then we lost contact. She lives about 15
minutes away from the trailer to which this case pertains but has never taken responsibility in
its up-keeping. While my uncle Valente and I had heard about the properties deterioration
and damage from previous renters we were under difficult circumstances at the moment of
these events. During the month of May 2014 my uncle and I discussed the issues
surrounding the property on (980 Auto Ranch Road) and Laid down a plan. We decided to
go to Naples in June after I graduated. this extra time would also allow us to better prepare
for the long 15 hour trip to Naples. When we arrived we were met with a county letter taped
to the outside gate, abhorrently overgrown weeds, and a trashed trailer. It wasn't easy but
me along with my two cousins and my uncle tackled the task of restoring it to something
decent. Along with this we made arrangements to have some long lost friends keep an eye
over the property to insure it doesn't return to its previous stage. Once we finished the
manual labor My uncle and 1 went around town seeking answers about the letter and that's
when we met Ms. Illiana Burgos who kindly explained to us the fines and what we could do
about them. This is why we are writing this letter. We want the reader to understand that
this home means something to us and if it was not maintained it was due to the circumstances
set upon our lives. Financial instability was not in my uncles plans when he decided to care
for my mom but neither was his separation from my aunt or his exorbitant failed marriage it's
just the case that events in life have presented themselves in a highly untimely manner for
him as they also did for me. Please understand that me nor my uncle can afford to come up
with the fined amount of$1914.00 at this moment, we can barely come up with one- fourth
of that amount and that is why by the very least we ask for a reduced amount. I am currently
enrolled in Nicholls State University in Louisiana and while my scholarship that I received
for academics pays for most of my education I still have quite a bit to pay off including books
something with which my uncle is also helping me with. And even though the property may
not be under my name I feel as if share just as much responsibility as my uncle Valente. We
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are not bad or irresponsible people and we hope that through this letter you become aware
that the downfall of this property was due to an unfortunate series of events that we hope you
will weigh heavily when making a decision. And so with this 1 turn it over to the readers of
this letter to lay down the final verdict of what is to happen. Thank you for your time and
attention in advance.
Sincerely
Valente Hernandez
Luis Medina
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