Agenda 06/23/2015 Item #16A106/23/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
5347,269.89 for payment of 52,500, in the code enforcement action entitled Board of County
Commissioners v. Fabian and Maria Luzardo, Code Enforcement Special Magistrate Case No.
2005010315, relating to property located at 1195 47th Avenue NE, 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 $347,269.89, for payment of $2,500, in relation
to Code Enforcement Special Magistrate Case No. 2005010315.
CONSIDERATIONS: As a result of a code violation at 1195 47th Avenue NE, which consisted
of the construction of a home on the property, without first obtaining the required Collier County
permits, the Special Magistrate ordered the imposition of a lien against Fabian and Maria
Luzardo in Case No. 2005010315. The lien was recorded in the Official Public Records on
February 5, 2007, at O.R. Book 4178, Page 2582 and it encumbers all real and personal property
owned by Fabian and Maria Luzardo. The accrued lien amount of $347,269.89 is based on 3,471
days of accrued fines ($100 per day from August 26, 2005 through February 27, 2015), plus
operational costs of $169.89. The property was brought into compliance on February 27, 2015.
After a foreclosure (Case No. 2009 -CA- 0902), the property was acquired by Thomas Watt
Belieff, via certificate of title recorded on August 27, 2010. Mr. Belieff, who resides out of
town, was unaware of the code issue on the property. Once he became aware, he corrected the
violation as evidenced by 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 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 $2,500 in fines. The owner is requesting waiver
of $344,769.89 in accrued fines.
FISCAL IMPACT: Payment of $2.500 has been made, representing $21330.1 1 in accrued fines
and $169.89 in operational costs. If approved by the Board, accrued fines in the amount of
$344,769.89 would be waived.
GROWTH MANAGEMENT IMPACT: There is no grovnth 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 accrued fines in
the amount of $344,769.89, accept payment amount of $2,500, release the lien and authorize the
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6/23/2015 16.A.10.
Chainnan 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
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6/23/2015 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $347,269.89 for payment of $2,500, in the code enforcement action
entitled Board of County Commissioners v. Fabian and Maria Luzardo, Code Enforcement
Special Magistrate Case No. 2005010315, relating to property located at 1195 47th Avenue NE,
Collier County, Florida.
Meeting Date: 6/23/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
5/20/2015 9:12:53 AM
Approved By
Name: Pui-Judy
Title: Operations Analyst, Growth Management Department
Date: 5/20/2015 3:56:31 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 5/21/2015 12:23:15 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/21/2015 2:30:56 PM
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/5/2015 9:55:09 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/5/2015 10:36:28 AM
Name: IsacksonMark
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Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 9:20:37 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/12/2015 8:09:16 AM
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6/23/2015 16.A.10.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Division
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:
Fabian and Maria Luzardo
Respondents
The lien was recorded on February 5, 2007, in Official Records Book 4178, Page 2582, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty -
one thousand two hundred sixty -nine dollars and eighty -nine cents ($51,269.89), 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
in
Date:
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
2005010315
Date:
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MASTER
Case No. — 2005- 010315
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
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8968418 OR: 4178 PG: 2582
PFCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
02/D5/2007 at 11:11AM DWIGHT 1. HROCK, CLERK
RIC FEE 18.50
Retn:DENNIS HITCHSLI
CCIDE BNFORCEXINT
2800 N HORSESHOE DR
NAPLES FL 34104
FABIAN and MARIA LUZARDO,
Respondent(s) --" —'--�
OILER OF THE SPECIAL
r,—TMPOSINO,FINES
1
THIS CAUSE came before E
h Sooi`a aspteir p 1
Imposition of Fines on lanua 19 t20 7 itd kth S p eca�' aaer
appropriate matters, hereupon es it Fhi ingo- cand O�rde
FINDINGS OF ACT
a `ing upon the Petitioner's Motion for
av�ng heard argument respective to all
of, the Special Master, as follows:
1. On February 7, 2005, Respondents were found guilty _2N' 6' lation of Ordinance No. 2001 -01, Sec.
104.5 2(4), for building code viola tio �s1,/iN,Iiieh��iolatigns- occurred on the property located at 1 195 4i`n
Avenue NE, Naples, FL, Folio #39597720,00"I(J
2. An Order was entered by the Special Master ordering Respondents to abate the violation on or
before August 25, 2005, or a fine of S 100.00 per day would be assessed for each day the violation
continued thereafter until abatement. (A copy of the Order is attached & recorded at OR 3777, PG 4122).
3. Based on testimony of the investigating officer, abatement had not occurred as of the date of the
public hearing, and fines of $100.00 per day for 511 days have accrued.
4. Operational costs incurred by the County of $169.89 were assessed and ordered to be paid.
5. No Request for Re- hearing or Appeal pursuant to Ordinance 04 -46 has been timely filed.
6. Respondents, having been duly noticed for the public hearing regarding the County's Motion,
failed to appear for the hearing, introduce evidence or present any legal basis for denial of the County's
Motion for Imposition of Fines.
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No.0446, it is hereby ORDERED:
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* ** OR; 4178 FG#- 2583 * **
A. Petitioner's Motion for imposition of Fines is granted.
B. Respondents are ordered to pay fines of $100.00 per day for the period between August 25, 2005
and January 19, 2007 for 511 days for a total of $51,100.00.
C. Respondents are ordered to pay previously assessed operational costs of $169.89.
D. Respondents shall pay all outstanding fines and costs in the total amount of $51,269.89 forthwith
or be subject to a Notice of Assessment of Lien against all properties owned by Respondent in Collier
County, Florida.
DONE AND ORDERED this - day of , 2007 at Collier County, Florida.
V4�wI
"'': %' "rte S l
-0 ecia
/ Collier
LIEN RIGHTS: This 6rdei,,�wi 1 be'ceaojr ed? i� ibe Publi�ReOor�is of Collier County. After three
(3) months from the filing of a►suc'h -lien ot�rv'il r whicft remains }unpaid, the Special Master may
authorize the County Attorney6-�fbrgclose on the lien or pursuellcol ecltgn on unpaid claims. In the event
that outstanding fines are forwarded',to a collections age6c , the /dolator will be responsible for those
costs incurred by Collier County. ',Ili
APPEAL RIGHTS: Any aggrieved part' ma appealar1`'a1'order of the Special Master to the Circuit
Court within thirty (30) days of the execution of rder appealed. An appeal shall not be a hearing de
nova, 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 shall not stay the Special Master's Order.
cc: respondents - Fabian & Maria Luzardo
Collier Co. Code Enforcement Dept.
Staaa of fLORIUA
;Ounry of COLLIER
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