Agenda 04/14/2015 Item #16A12 4/14/2015 16.A.12.
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EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$16,600 for payment of $3,000, in the code enforcement action entitled Board of County
Commissioners v.Properties of S&0,Inc.,Code Enforcement Board Case No. CESD20120003571,
relating to property located at 106 3rd Street S.,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$16,600, for payment of$3,000, in relation to
Code Enforcement Board Case No. CESD20120003571.
CONSIDERATIONS: As a result of code violations at 106 3rd Street S. (Immokalee), which
consisted of pouring of concrete pad and installation of new water heater with new PVC piping,
installation of hand sink, screen enclosure with a metal roof and fence installed without first
obtaining the required Collier County permits, inspections and certificate of occupancy,the Code
Enforcement Board ordered the imposition of a lien against Properties of S&0,Inc. in Case No.
CESD20120003571. The lien was recorded in the Official Public Records on March 7, 2014, at
O.R. Book 5014, Page 2193, and encumbers all real and personal property owned by Properties
of S & 0, Inc. The lien amount of$16,600 is based on 83 days of accrued fines ($200 per day
from November 21, 2013 through February 11, 2014). The property was brought into
compliance on February 11,2014.
This property was conveyed to Properties of S & 0, Inc. on July 30, 2007. The property owners
were unable to comply with the order until February 11, 2014, due to the various violations 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 $3,000 in settlement. The owner is
requesting the waiver of$13,600 in accrued fines.
FISCAL IMPACT: Settlement payment of$3,000 has been made and operational costs were
paid separately. If approved by the Board, accrued fines in the amount of $13,600 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
[15-CEB-oo 116/1159486/1]
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4/14/2015 16.A.12.
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $13,600, accept settlement amount of $3,000, 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 Division, Growth Management
Department
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
[15-CEB-00116/1159486/1]
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4/14/2015 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$16,600 for payment of$3,000, in the code enforcement action entitled
Board of County Commissioners v. Properties of S & 0, Inc., Code Enforcement Board Case No.
CESD20120003571, relating to property located at 106 3rd Street S., Collier County, Florida.
Meeting Date: 4/14/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
3/6/2015 3:38:17 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/6/2015 4:23:59 PM
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 3/9/2015 8:45:38 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 3/9/2015 10:02:56 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 3/11/2015 2:04:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:20:24 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
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4/14/2015 16.A.12.
Date: 3/24/2015 9:26:41 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/25/2015 8:05:55 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:
Properties of S & 0, Inc.
Respondent
The lien was recorded on March 7, 2014, in Official Records Book 5014, Page 2193, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve
thousand eight hundred sixty-four dollars and eight cents ($12,864.08), 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
Date: Date:
Approved as to form and legality
Kevin NoeII
Assistant County Attorney
CESD20120003571
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INSTR 4952483 OR 5014 PG 2193 RECORDED 3/7/2014 9:25 AM PAGES 2 4/14/2015 16.A.12.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
�1
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120003571
vs.
PROPERTIES OF S&0,INC.
Respondent
O'er' u���� 11'FI�N
•
THIS CAUSE came on for pu• • '15.. g before the Boar• /3,2013,after due notice to
Respondent at which time the Board ar• e mony under oath,receiv=e evi• nee,and issued its Findings of Fact
and Conclusions of Law and thereu••n is 11 .- whi • was re• ced • writing on June 3,2013,and
furnished to Respondent and was r= ord d in 0'e `•'lic ' cords o Collier oun Florida at OR 4931,PG 1644,
et.seq.on June 11,2013. The Or.-r c• : - . . •• •• out�r 3rd Street,Immokalee,Florida
34142,Folio 25580760007,more .arti• I. •` • i11• ' • rt, 1,1�?, 13, 14,15, 16,and 17,Block ��
2,CARSON'S SUBDIVISION,a.cQr• g • ,reof It, or ." Plat Book 2,Page 40.
An Affidavit of Non-Co as been r ed wi v.: Boar. .y tUcr••e Enforcement Official on
November 22,2013,which AffidaN t ,•• 'fled under oath that th -,•ui d c•tr ve action has not been taken as
ordered. e 1.• Q
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Accordingly,it having been br• jt•� a Board's attenti•• a, • spondent has not complied with the
Order dated June 3,2013,it is hereby
24 7 Ic
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ORDERED,that the Respondent,Prope -'•-.. .•r• :•+U.,pay to Collier County fines in the amount of
$12,800.00 (Order Items 1&2)at a rate of$200.00/day for the period of November 21,2013 through January 23,
2014(64 days),plus operational costs for the Imposition of Fines hearing of$64.08,for a total of$12,864.08. The
operating costs previously incurred have been paid.
IT IS FURTHER ORDERED that the fines 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.
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.
DONE AND ORDERED this 5 day o'a, .!,L,,./■,2014 at Collier County,Florida.
P ` •' EMENT BOA'
State c`Florida, " COLLIER CO TY,FL.
Cout>lyreI-CO2.LIiER,.Y ""`
c,-', rp cP ;K: • -1I!1 I�
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I tiEREBx ,a.1`IF}'-T-# T ts;t§•is.a#ctte:and ;r: rt Kaufm: �Q
correct )F of irroetimentdrt the in 2801 North Ho-.• - • .• e
Boanit■EjtItes,and Record ofCbbIterCounty Naples,Flo.:.
WITNESS in, -"d-ani ficial aal this
9-wi day 01 1 . n
DWIGHT -.:, RtDgi 'E'Rit-OF'I✓DURTS
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*** OR 5014 PG 2194 *** 4/14/2015 16.A.12.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
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The foregoing instrument was acknowledged before me this 5 day of ,h (1/1 ,
2014, Robert Kaufman,Chair of the Code Enforcement Board of Colj jar County !arida,who is
personally known to me or who ha produ«.. : lorida Driver's License as identification.
i at A 410711 aiv,.."-'...\
--
_ KAREN O BAI NO 'ARY PUB C •
•• MY CO1AMt8SION#EES751S120 commission expires:
EXPIRES February 14,2017
'r" .b..an CER"'IFICATE OF SERVICE
�,or��ss.o+aa nohewerrrs.
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to
Properties of S . 0,Inc.,R.A.,Oqab Abuoq.., ,r:M • .ood Drive,Ft.Myers,Florida 33908
this �j day o d'jAg.dl. 014. ��\.,
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40 ,�
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• 'da Bar o.7503 I
to d.'` a::1, ,St=,210
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THE C1V'C��
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February, 23`d, 2015
Dear Sir or madam,
In regards to case#: CESD20120003571, We are writing you this letter to plea our
case for the code enforcement penalty fines we were assessed. I have enclosed
several documents to further assist your needs to get familiarized with this
particular case. We have hired H&L Bennet Engineering, out of Labelle, Florida
and N&A Construction out of Okeechobee, Florida to assist us with plans, permits,
and repairs to the property. We have paid out over $8000.00 to both firms as of
today. N&A Construction has used the majority of this money, for trips to the
county building department to check on permits as well as resubmitted plans. Our
goal in this letter, is to explain and plea that, we have inherited this problem from
previous ownership. The previous owner built the screen room over the ice
machines. We had no knowledge that the screen room built by the previous
owner, was not in compliance. After all efforts and money spent, we have
managed to correct all problems and bring it into compliance. And for that, your
understanding would be much appreciated in regards to this matter. We
acknowledge that the county has to recover some of the expenses for pursuing
this case;therefore, we are not asking to completely waive the fines. We are
simply asking to reduce the fines to $2000.00 to $3000.00. If we can be of any
further assistance to this case, please call me at my office number 239-657-2596,
or my cell phone number 863-673-3471.
S e r r
Ogab Abuo b •
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