Agenda 09/08/2015 Item #16A299/8/2015 16.A.29.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$247,080.57 for payment of $530.57, in the code enforcement action entitled Board of County
Commissioners v. Maykol Calderon, Code Enforcement Board Case No. CESD20110009230,
relating to property located at 128127th Street SW, Collier County, Florida.
OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $247,080.57, for payment of $530.57, in relation
to Code Enforcement Board Case No. CESD20110009230.
CONSIDERATIONS: As a result of a code violation at 1281 27th Street SW, which consisted
of an unpermitted wooden structure with electric in front of the residence, the Code Enforcement
Board ordered the imposition of a lien against Maykol Calderon in Case No.
CESD20110009230. The lien was recorded in the Official Public Records on March 8, 2012, at
O.R. Book 4772, Page 1119 and it encumbers all real and personal property owned by Maykol
Calderon. The accrued lien amount of $247,080.57 is based on 1,235 days of accrued fines
($200 per day from December 19, 2011 through May 6, 2015), plus operational costs of $80.57.
The property was brought into compliance on May 6, 2015.
Maykol Calderon acquired this property via Warranty Deed recorded on May 31, 2005. He was
not aware of the permitting issues at the time of this purchase. He is unemployed and going
through a short sale at this time, and has encountered financial hardship in bringing the home
into compliance, 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 new owner has been
actively maintaining the property and has paid $530.57 in settlement of the outstanding lien. The
owner is requesting waiver of $246,550 in accrued fines.
FISCAL IMPACT: Payment of $530.57 has been made, representing $450 in accrued fines and
$80.57 in operational costs. If approved by the Board, accrued fines in the amount of $246,550
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
[I 5-CED-01 042/1199268/1 ]
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RECOMMENDATION: That the Board waive the accrued fines in the amount of $246,550,
accept payment in the amount of $80.57, 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 and 3) Hardship letter
[I 5-CED-01 042/1199268/1]
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9/8/2015 16.A.29.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.29.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $247,080.57 for payment of $530.57, in the code enforcement action
entitled Board of County Commissioners v. Maykol Calderon, Code Enforcement Board Case No.
CESD20110009230, relating to property located at 1281 27th Street SW, Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/31/2015 12:39:23 PM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 2:01:33 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 2:32:05 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 2:35:42 PM
Name: WilkisonDavid
Date: 8/14/2015 3:11:45 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/17/2015 8:57:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/17/2015 9:42:56 AM
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Name: IsacksonMark
9/8/2015 16.A.29.
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/18/2015 10:02:49 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:15:01 PM
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This Instrument Prepared By:
Jeff Wright
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE AND SATISFACTION OF LIENS
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:
Maykol Calderon
Respondent
The lien was recorded on March 8, 2012, in Official Records Book 4772, Page 1119, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirteen thousand four hundred eighty dollars and fifty -seven cents ($13,480.57), 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 liens cease to exist.
ATTEST
DWIGHT E. BROCK, Clerk
go
Deputy Clerk
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD2011 D009230
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tim Nance, Chairman
Date:
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INSTR 4666233 OR 4772 PG 1119 RECORDED 3%8/2012 11:07 AM 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.
MAYKOL CALDERON,
Respondent
CESD20110009230
ORDER IMPOSING FTNE/LTENS
THIS CAUSE came on for public
Respondent at which time the Board heard
and Conclusions of Law and thereupon issi
and ftmtished to Respondent and was recpi
1084, et. seq. on December 8, 2011. %
An Affidavit of Non -Compl
January 3, 2012, which Affidavit cer
ordered.
Accordingly, it having been it
Order dated November 22, 2011, it is'
9/8/2015 16.A.29.
e wds?n November 18, 2011, after due notice to
�ta8 th�ce �f evidence, and issued its Findings of Fact
rder whit ' 4s' ei '-ced to writing on November 22, 2011,
Public Records of &Iii c"County, Florida at OR 4744, PG
been fitad witittthe Board by the, lCod+
r' tNZ ►a th e atrcdPcotte I�"tve act
i V/
e fif'I j
e 9s n thlt6li!cspoiide
i
Enforcement Official on
)n has not been taken as
has not complied with the
ORDERED, that the Respondisitttrykol Calderon, pay i"'C- 11ior lrputiity fines in the amount of $13,400
(Order Items 1 & 2) at a rate of $200 /day�-1he period of December t T, 20liLftough February 23, 2012 (67 days),
plus operational costs of $80.57, for a total'gft5,1 ,- 4SQ.57.
IT IS FURTHER ORDERED that the fines an�arnd`costs 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. Fil- iin�gg an Appeal shall not stay the Board's Order.
DONE AND ORDERED this day ofd , 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
1:0itnw of WLLMR
I HEREBY• CERMY TUAT�t Is v t-,uQ WA Naples,
:orrectopy;pt;clocum0rit =an iris m
Board Minut6s anc}'Racort2s of Coder Cbtr*
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:DWIGHT F 8A !G#.€RK OF COUM
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f Vi - Chair
Horseshoe Drive
34104
* ** OR 4772 PG 1120 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this_ day of- �'>:�4.3G�
2012, by Robert Kaufman, Vice Chair o ,f,Ke Code Enforcement Board of Collier County, F a who is
personally known to me or who has produced a Florida Driver's �Licens identifica i
x_.
OfXWL tlPB'q NOTARY PUBLIC
Mrcoe�ss�er+tEEtcztso
•, R .Na4w bar 22 My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct co t:
Calderon, 4461 Pine Ridge Road, Naples, FL 34j4
i 4 /7
. Jean Ra,
r--- -- ii)rida Bar
`,�., ; _ -~'• rte,
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been sent by U. S. Mail to Maykol
-.20112).
frail, Ste. 208
` .
°
-
May 6,2015
To whom it may concern:
9/8/2015 16.A.29.
This letter is to advise you ofmy situation. | was asked to submit prove ofmyhardship and why |cannot
pay the fees asked by the county to resolve this permit situation. | purchased the home with these
current open permits which were not addressed at the time of closing and were not informed of it
either.
|amcurrently unemployed and ina short sale process which | will not receive a dime ofb and this is
exactly why I cannot afford this debt.
I am submitting a letter from my mortgage company stating such delinquency on my loan account. I am
currently in a critical hardship situation and will not be able to close the real estate transaction unless
this is taken care of.
Should you have any additional questions question please do not hesitate to contact me at the number
Best Regards,
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Navko|[alderon
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