Agenda 03/24/2015 Item #16A13 3/24/2015 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$66,977.18, for payment of $677.18, in the code enforcement action entitled Board of County
Commissioners v. Ebed Guadarrama and Irma Guadarrama, Special Magistrate Case No.
CESD20130004682, relating to property located at 831 Everglades Blvd. N., 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$66,977.18, for payment of$677.18, in relation
to Special Magistrate Case No. CESD20130004682.
CONSIDERATIONS: As a result of a code violation at 831 Everglades Blvd. N., which
consisted of three structures erected on the property without the required Collier County permits,
the Special Magistrate ordered the imposition of a lien against Ebed Guadarrama and Irma
Guadarrama in Case No. CESD20130004682. The lien was recorded in the Official Public
Records on February 21, 2014, at O.R. Book 5010, Page 3550, and encumbers all real and
personal property owned by Ebed Guadarrama and Irma Guadarrama. The lien amount of
$66,977.18 is based on 267 days of accrued fines ($250 per day from December 16, 2013
through September 8, 2014) plus $227.18 in operational costs. The property was brought into
compliance on September 8, 2014.
Following a foreclosure (Case No. 2013-CA-0609), a Certificate of Title was recorded on March
27, 2014 in favor of U.S. Bank, National Association. The County's lien for this property was
filed after the foreclosure lis pendens, and is not presently enforceable as to the property in
question. The property was then conveyed to MBLS Ventures, LLC, via Special Warranty Deed
on January 27, 2015.
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 and compliance has been
achieved. The property is being actively maintained and the new owner has paid $677.18. The
new owner is requesting a waiver of$66,300 in accrued fines.
FISCAL IMPACT: Payment of $677.18 has been made, consisting of $450 in fines and
$227.18 in operational costs. If approved by the Board, accrued fines in the amount of$66,300
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
1 15-CED-0 1 002/1 1 5.5367/1
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3/24/2015 16.A.13.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $66,300, accept payment amount of $677.18, 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
Attachments: 1)Release and Satisfaction of Lien
2) Lien Order
[15-CED-01 002/1 1 55367/1]
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3/24/2015 16.A.13.
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
an accrued value of$66,977.18,for payment of$677.18, in the code enforcement action
entitled Board of County Commissioners v. Ebed Guadarrama and Irma Guadarrama, Special
Magistrate Case No. CESD20130004682, relating to property located at 831 Everglades Blvd. N.,
Collier County, Florida.
Meeting Date: 3/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
2/25/2015 8:40:54 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/25/2015 9:46:56 AM
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/4/2015 1:02:03 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 3/4/2015 1:09:30 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 1:19:26 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/11/2015 2:16:03 PM
Name: KlatzkowJeff
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3/24/2015 16.A.13.
Title: County Attorney,
Date: 3/12/2015 4:18:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:50:06 PM
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3/24/2015 16.A.13.
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:
Ebed Guadarrama and Irma Guadarrama
Respondents
The lien was recorded on February 21, 2014, in Official Records Book 5010, Page 3550, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirteen thousand seven hundred twenty-seven dollars and eighteen cents ($13,727.18), 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
/;.7
Kevin Noel!
Assistant County Attorney
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INSTR 4947837 OR 5010 PG 3550 RECORDED 2/21/2014 3:22 PM PAGES 2 3/24/2015 16.A.13.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD20130004682
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
EBED GUADARRAMA AND
IRMA GUADARRAMA,
Respondents.
--`---
/, / - ,
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c .
ORT EIi-OF THE SPECIAL MA I
ATE
/IMFOSING-FINES/LIENS\ \
` �\
THIS CAUSE came of / e 1 _: Jr • %blic'hearing upon the Petitioner's
Motion for Imposition of Finest j n on e in , '* 4, =n+ th Special Magistrate, having heard
argument respective to all a. ro r�a beihere p 3► iss s dings of Fact and Order of the
g P P P ,,
Special Magistrate,as follows: ',\ L ��",
.,,' FINDINGS OF FAA ' z
1. On November 15,2013,Re
V:4,,o n y� _ e • ►"1ty;�gtwioIation of Collier County Land
Development Code,04-41 as am'? .f': &ctlia It -(16(Bx1)(a)and 10.02.06(B)(1)(e)(i)for
three structures erected on the property wi out required building permits,which violation
occurred on the property located at 831 Everglades Blvd N, Naples,FL,Folio#40630600005
(Legal Description:GOLDEN GATE EST UNIT 76 N 75FT OF S 180FT OF TR 143).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 15,2013,or a fine of$250.00 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 4990,PG 3000).
3. Operational costs of$112.38 incurred 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 not been abated as of the date of the hearing.
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*** OR 5010 PG 3551 *** 3/24/2015 16.A.13.
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$250.00 per day are assessed against Respondent for 54 days for the period from
December 16,2013 to February 7,2014,for a total amount of fines of$13,500.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$112.38.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.80.
E. Respondent is ordered to pay fines and costs in the total amount of$13,727.18 or be subject to
Notice of Assessment of Lien against all rties owned by Respondent in Collier County,
Florida. .s,),V,,`RU LTA
F. The daily fine of$250.00 spa nue to accrue until ent has been confirmed by a Collier
County Code Enforcement Invest r.
DONE AND ORDERED this! ' ,- , �t ,� t Collier County,Florida.
r` ►•. r RTODE ENFORCEMENT
f SPECI l� .IGI ti . TE
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n.NDAC.G• •:+TSON
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.
cc: Respondent—Ebel Guadarrama and Irma Guadarrama State of Florida
Collier Co.Code Enforcement Dept. County of COLLIER
I HERE'& `l 't'Q:-iAT this is a true and
corrabcopy of a.>rtt on file in
BoIafi:1:PlinuVari.V1k0,43..of Collier County
ilIMIESS'myi a offEial seal this
`�i day of �lri k1t'O ) 1t(
DWt 'E_13ROCK;CLERK OF COURTS
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