Agenda 09/08/2015 Item #16A279/8/2015 16.A.27.
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $570,563.75 for payment of $1,013.75, in the code enforcement actions entitled Board of
County Commissioners v. Teresita Pino, Code Enforcement Special Magistrate Case No.
CEPM20130008117 and Code Enforcement Board Case No. CEPM20140000021, relating to
property located at 4261 1st Avenue SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two
(2) code enforcement liens with a combined accrued value of $570,563.75, for payment of
$1,013.75, in relation to Code Enforcement Special Magistrate Case No. CEPM20130008117
and Code Enforcement Board Case No. CEPM20140000021.
CONSIDERATIONS: As a result of various code violations at 4261 1" Avenue SW, as
reflected below, the Special Magistrate and the Code Enforcement Board ordered the imposition
of two liens against the property as follows (in chronological order based on lien recording date):
The lien in Case No. CEPM20130008117 was recorded in the Official Records on December 10,
2013, at O.R. Book 4990, Page 2917 (for an unmaintained pool with green water and torn
screens). The lien amount of $337,612.47 is based on a total of 1,350 days of accrued fines (675
days each for order item B and 675 days each for order item C at $250 per day from September
14, 2013 through July 20, 2015) plus $112.47 in operational costs. The property was brought
into compliance on July 20, 2015.
The lien in Case No. CEPM20140000021 was recorded in the Official Records on July 16, 2014,
at O.R. Book 5058, Page 1899 (for an unsecured vacant structure creating a public nuisance).
The lien amount of $232,951.28 is based on 465 days of accrued fines ($500 per day from April
12, 2014 through July 20, 2015) plus $126.28 in operational costs and $325 in abatement costs.
The property was brought into compliance on July 20, 2015.
Following a foreclosure eliminating the County's liens, (Case No. 2009 -CA- 7268), the property
was acquired by BK Capital, LLC, via a special warranty deed which was recorded on June 24,
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 within 30 days. The property is being actively maintained and the owner has paid
$1,013.75. The owner is requesting a waiver of $569,550 in accrued fines.
FISCAL IMPACT: Payment of $1,013.75 has been made, representing $450 in fines, $238.75
in operational costs and $325 in abatement costs. If approved by the Board, accrued fines in the
amount of $569.550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
j 15 -CED- 0 1040/1197830/11
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9/8/2015 16.A.27.
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 waive the fines in the amount of $569,550, accept
payment amount of $1,013.75, release the liens, and authorize the Chairman to sign the attached
releases and satisfaction of liens 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) and 2) Lien Orders
[I 5-CED-01 040/1197830/ 11
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9/8/2015 16.A.27.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.27.
Item Summary: Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of $570,563.75 for payment of $1,013.75, in the code
enforcement actions entitled Board of County Commissioners v. Teresita Pino, Code
Enforcement Special Magistrate Case No. CEPM20130008117 and Code Enforcement Board
Case No. CEPM20140000021, relating to property located at 4261 1st Avenue SW, Collier
County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/23/2015 3:41:32 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 5:00:58 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 5:01:40 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31 /2015 2:01:15 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/3/2015 8:27:21 AM
Name: WilkisonDavid
Date: 8/3/2015 9:31:45 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 8/5/2015 9:12:00 AM
9/8/2015 16.A.27.
Name: Isackson.Mark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/10/2015 3:04:34 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/18/2015 5:42:47 PM
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9/8/2015 16.A.27,
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:
Teresita Pino
Respondent
The lien was recorded on July 16, 2014, in Official Records Book 5058, Page 1899, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty -
five thousand four hundred fifty -one dollars and twenty -eight cents ($35,451.28), 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 Noell
Assistant County Attorney
CEPM20140000021
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9/812015 16.A.27.
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:
Teresita Pino
Respondent
The lien was recorded on December 10, 2013, in Official Records Book 4990, Page 2917, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirty -one thousand six hundred twelve dollars and forty -seven cents ($31,612.47), 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
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20130008117
Date:
Tim Nance, Chairman
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INSTR 4922148 OR 4990 PG 2917 RECORDED 12/10/2013 9:06 AM PAGES 2 9/8/2015 16.A.27.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20130008117
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
TER.ESITA PINO,
Respondent.
FJ co
THIS CAUSE came before` tlii cia`t'Pta is cite far 'publk hearing upon the Petitioner's
Motion for Imposition of Fines Lic� att, V e e Special Magistrate, having heard
argument respective to all approa=2 to , h Findings of Fact and Order of the
Special Magistrate, as followsi r
FINDINGS OF�11 /
1. On September 6, 2013, Rust was found guilty o at n of Collier County Code of Laws
and Ordinances, Chapter 2:2 Vi, Section 22-* n) and (15) for pool water that is
dark green in color and not prop�rlyjaeens on pawl enclosure that are tarn,
which violation occurred on the pro Y 61 1" Avenue SW, Naples, FL, Folio
#36615400001 (Legal Description: GOLDEN GATE EST UNIT 1 WI/2 OF TR 73).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 13, 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 4466, PG 2108).
3. Operational costs of $112.47 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 2010 -04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
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xx OR 4990 PG 2918 * ** 9/8/2015 16.A.27.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Part B of the Order. Daily fines of $250.00 per day are assessed against Respondent for 63 days
for the period from September 14, 2013 to November 15, 2013, for a total amount of fines of
15,750.00.
C. Part D of the Order. Daily fines of $250.00 per day are assessed against Respondent for 63 days
for the period from September 14, 2013 to November 15, 2013, for a total amount of fines of
15,750.00.
D. Respondent shall pay the previously assessed operational costs of $112.47.
E. Respondent is ordered to pay fines and-co total amount of 531,612.47 or be subject to
Notice of Assessment of Lien sputi, f I)@ -'t 7 d by Respondent in Collier County,
Florida. r� r�
F. The daily fine of $250.0( sha�'cGauwjc -to accrue until abatement has been confirmed by a Collier
County Code Enforcement IffiveirgeW.
DONE AND ORDERED
State of Florida
County of COLLIER
REBy, CEl2Tfl~1' THATthis is a true and
�ctpy.bi a aom on file in
inll5 zrdr£e� of Collier County
UESS "iry'Y4nd .6f-i al seal this
k day of is ��-Qt 3
V r
GHT E..BROCK,CLEAK OF COURTS
A.
�f\ COLL>
F SPECIAL 1k
t•C 6 Hier County, I" iorida.
CODE ENFORCEMENT
ATE
r
1,. .
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 9
(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 Teresita Pino
Collier Co. Code Enforcement Dept.
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INSTR 5008122 OR 5058 PG 1899 RECORDED 7/16/2014 3:37 PM 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,
VS.
TERESITA PINO,
Respondent
CASE NO.: CEPM20140000021
THIS CAUSE came on for public h Board upon the PcNonciN's Motion for Imposition
Fines/Liens on June 20, 2014, and e ng Itd stgesin�nt respecttve`ia all appropriate matters
thereupon issues its Findings of Fact Order as _ "�
9/8/2015 16.A.27.
1. On March 27, 2014, k� *was found tAAWviolat n o E t er County Code of Laws and
Ordinances, Chapter 22, Buildings wilding Regulations, ArWe Ppopetgy Maintenance Code, Section 22-
242, which violation covered the ��a rty located at 4261 1ver ue'Naples, Florida, 34119, Folio
366I5400001, more particularl • de . t3' a West of Tract 73
y GATE ESTATES, UNIT 1,
according to the plat thereof, recorded a 4, Pages 73 , o e Public Records of Collier County,
Florida, j j R',
2. An Order was entered on March 3 t, s recorded in the Public Records of Collier
County, Florida at OR 5025, PG 164, et. seq. on April 9, 2014.
3, An Affidavit of Non - Compliance was filed with the Board by the Code Enforcement Official on April
14, 2014 which Affidavit certified under oath that the required corrective action has not been taken as ordered.
4. The violation has not been abated as of the date of the hearing.
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:
1. Petitioner's Motion for imposition of FinestLiens is granted.
2. Daily fuzes of 5500.00 per day are assessed against the Respondent for 70 days for the period from
April 12, 2014 to June 20, 2014 for a total amount of fines of 535,000.00.
3. The previously assessed operational costs of 563.74 have not been paid. The operational costs are
562.54 for this hearin,. The abatement costs of 5325.00 have not been paid.
4. Respondent is ordered to pay fines and costs in the total amount of 535,451.28 or be subject to Notice
of Assessment of Lien against all properties owned by Respondents in Collier County, Florida.
5. The daily fine of S500.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
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* ** OR 5058 PG 1900 * **
DONE AND ORDERED this � day of
COLLIER
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was ackmowl,
2014 Robert Kaufman, Chair of the
personally known to me or /
PAYMENT OF FINES' Any ft4erv, -r �i{ra u t to
Code Enforcement Department, 2� orth Horseshoe Drive, I I
release of lien or confirmation of corgi ce or confirmation a
may also be obtained at this location%,
t
9/8/2015 16.A.27.
at Collier County, Florida.
{,,>
Drive
04
unty, Vorida, who is
License as identification.
KAREN G BAILEY
MY COMMtSSION * EF-875121
EXPIRES February 14, 2017
be paid at the Collier County
fax x (239) 252 -2343. Any
'the obligations of this Order
APPEAL: Any aggrieved party may ` `r`' order of the o'ud qo c Circuit Court within thirty (30) days
of the execution of the Order appealed. Any hppe i1' � de nave, but shall be limited to appellate
review of the record created within the original s n'sibility 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
Board's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct-copy of is O ER has been sent by U. S. Mail to Teresita
Pino, 4261 1' Avenue S.W., Naples, FL 34119 this � day o /71014.
M. 3 Rawson, Esq.
State of Roma Florida Bar No. 750311
County of COLDER..., 68I Goodlette Road N., Ste. 210
Naples, Florida 34012
I HEi�E$ K C6RTiFY iN�( t(iis�is a true and (239) 263 -8206
correct cope of.a'doc'u'rttehf 0 file in.
Board Minutes `and Records dMoliier County
W{T�Ni=„SB mr Pd and bff atseat this
_1!daY bf - t), : Jt
DWIGHT c %$ROCK,.CLE:kK OF COURTS
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