Agenda 09/08/2015 Item #16A309/8/2015 16.A.30.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien and duplicate lien with an
accrued value of $161,512.29 for payment of $1,112.29, in the code enforcement action entitled
Board of County Commissioners v. Jorge Hernandez, Code Enforcement Special Magistrate Case
No. CESD20110001314, relating to property located at 185 31st Street NW, Collier County, Florida.
OBJECTIVE: To have the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien (and duplicate lien) with an accrued value of $161,512.29, for payment of
$1,112.29, in relation to Code Enforcement Special Magistrate Case No. CESD20110001314.
CONSIDERATIONS: As a result of a code violation at 185 31St Street NW, which consisted of
three (3) unpermitted shed type structures in the rear yard, the Code Enforcement Special
Magistrate ordered the imposition of two liens against Jorge Hernandez in Case No.
CESD20110001314. These are duplicate liens and represent one lien that was inadvertently
recorded twice. The first lien was recorded in the Official Public Records on January 23, 2012,
at O.R. Book 4757, Page 1890 and the subsequent duplicate lien was recorded on March 23,
2012, at O.R. Book 4777, Page 2315 and they both encumber all real and personal property
owned by Jorge Hernandez. The accrued lien amount of $161,512.29 is based on 1,614 days of
accrued fines ($100 per day from December 2, 2011 through April 29, 2015), plus operational
costs of $112.29. The property was brought into compliance on April 29, 2015.
Claudia Gomez and Hugo Aguilar acquired this property via General Warranty Deed recorded
on July 24, 2013. The new owners were not aware of the issues at the time of their purchase, and
have encountered some 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 $1,112.29 in settlement of the outstanding lien.
The owner is requesting waiver of $160,400 in accrued fines.
FISCAL IMPACT: Payment of $1,112.29 has been made, representing $1,000 in accrued fines
and $112.29 in operational costs. If approved by the Board, accrued fines in the amount of
$160,400 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 04 1 /1 1 98945/11
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9/8/2015 16.A.30.
RECOMMENDATION: That the Board waives the accrued fines in the amount of $160,400,
accept payment amount of $1,112.29, release the liens, and authorizes the Chairman to sign the
attached release 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 Liens, 2) Lien Orders and 3) Hardship letter
[I 5-CED-01 041 /1198945/1]
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9/8/2015 16.A.30.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.30.
Item Summary: Recommendation to approve the release of a code enforcement lien and
duplicate lien with an accrued value of $161,512.29 for payment of $1,112.29, in the code
enforcement action entitled Board of County Commissioners v. Jorge Hernandez, Code
Enforcement Special Magistrate Case No. CESD20110001314, relating to property located at
185 31st Street NW, Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/31 /2015 12:27:27 PM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 2:01:26 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 2:11:48 PM
Name: Pui0udy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 2:12:21 PM
Name: WilkisonDavid
Date: 8/14/2015 3:09:41 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/17/2015 8:57:43 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 8/17/2015 9:42:28 AM
Name: IsacksonMark
9/8/2015 16.A.30.
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/18/2015 10:01:11 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:13:41 PM
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9/8/2015 16.A.30.
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:
Jorge Hernandez
Respondent
The liens were recorded on January 23, 2012, in Official Records Book 4757, Page 1890 and
on March 23, 2012, in Official Records Book 4777, Page 2315, in the Official Records of Collier
County, State of Florida. The liens secure the principal sum of three thousand seven hundred
twelve dollars and twenty -nine cents ($3,712.29), 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 Liens, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the liens and hereby cancels and releases said liens.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens
in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Date:
By:
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20110001314
Date:
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INSTR 4672215 OR 4777 PG 2315 RECORDED 3/23/2012 8:46 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER. COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. CESD20110001314
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JORGE HERNANDEZ,
Respondent.
THIS CAUSE came before Pe�p�gal(M19ts, fd 5uh1vai
Motion for Imposition of Fines rc � on Ja ' any b argument respective to all apprgpriat � rs; rot( ue(1�
Special Magistrate, as follows: l'"�
";r,, 1,*FlNDINGS OF cM)
9/8/2015 16.A.30.
g upon the Petitioner's
iagistrate, having heard
of Fact and Order of the
1. On November 1, 2011, Resporitfe{it'Mp' 'll" .3elation of Collier County Land
Development Code 04-41, as amen tlb(B)(1 )(a) for three unpetrnitted shed type
structures in the rear yard with no Colli�y Building Permits, which violation occurred on
the property located at 185 31" Street NW, Naples, FL Folio #36860200001 (Legal Description:
GOLDEN GATE EST UNIT 6 N 180FTOF TR 4).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 1, 2011, or a fine of 5100.00 per day would be assessed for each day the
violations continue thereafter until abatement is confinned. (A copy of the Order is recorded at
OR 4737, PG 199).
3. Operational costs of $112.29 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.
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.
ORDER
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* ** OR 4777 PG 2316 * **
9/8/2015 16.A.30.
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. Daily fines of S 100.00 per day are assessed against Respondent for 36 days for the period from
December 2, 2011 to January 6, 2012, for a total amount of fines of $3,600.00.
C. Respondent shall pay the previously assessed operational costs of $112.29.
D. Respondent is ordered to pay fines and costs in the total amount of $3,712.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of $100.00 shall continu c�.te_until abatement has been confirmed by a CoIIier
County Code Enforcement Investagato�ep co(} rr\
DONE AND ORDERED this 2012\at CAoliier County, Florida.
R iODE ENFORCEMENT
l 1
—
SPECLA, MAIGISilUTE
C.
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 parry 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.
r
,.OEtttEy of COLLIER
cc: Respondent Jorge Hernandez
Collier Co. Code Enforcement Dept.
I HEREBY CERTIFY THAT i� due att0 '
>orrc;.t copy of a cocumem itpiff'p e %t; ,
Board Minutes Wnd Recorot isl. Cc+Eiitr <t7�ii `W;
t riv narlo ano ' €fiz;i vsea� the ,
AA6ay 6t f�KS
WIGA E. BROf -I 1, RK OF COURTS
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INSTR 4649778 OR 4757 PG 1890 RECORDED 1/23/2012 9:37 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CESD20110001314
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JORGE HERNANDEZ,
Respondent.
�Y co,
THIS CAUSE came bef6r44h� Sl#4iq MaOsirk4 fyr tiW l}ea
Motion for Imposition of Fines/ ie'4 on 1 1 udry �i t�I and e p is
argument respective to all appnip at etteri u sue=
Special Magistrate, as follows:lti
yrFINDINCS OF FA
9/8/2015 16.A.30.
e upon the Petitioner's
[agistrate, having heard
of Fact and Order of the
1. On November 1, 2011, Respon t_jif Illy,NNAblation of Collier County Land
Development Code 04-41, as amend � tit) . 2106(B)(1)(a) for three unpermitted shed type
structures in the rear yard with no Collier County Building Permits, which violation occurred on
the property located at 185 31' Street NW, Naples, FL Folio #36860200001 (Legal Description:
GOLDEN GATE EST UNIT 6 N l 80FTOF TR 4).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 1, 2011, or a fine of $100.00 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 4737, PG 199).
3. Operational costs of $112.29 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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* ** OR 4757 PG 1891 * **
9/8/2015 16.A.30.
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. Daily fines of $100.00 per day are assessed against Respondent for 36 days for the period from
December 2, 2011 to January 6, 2012, for a total amount of fines of $3,600.00.
C. Respondent shall pay the previously assessed operational costs of $112.29.
D. Respondent is ordered to pay fines and costs in the total amount of $3,712.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of $100.00 shall cont mu tue ttntil abatement has been confirmed by a Collier
County Code Enforcement Inve t �.F, �r
'tA
DONE AND ORDERED this %' �. }� . 2Ul at Csollier County, Florida.
IRPD�U,
T �T`i4 f
ODE ENFORCE,
SPECK MAG& TE
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. --�
state Cr Flt K wr1�4'"
iouyw of Ct.OLUER
cc: Respondent Jorge Hernandez
Collier Co. Code Enforcement Dept. i HERM CERTIFY T14AT this
:ofrect copy of a aocument on tlte`fil _
Board Minutes and ROCoras.Ot.'-0 �fl0',Coatl�jr
M,Fst�G�ay my h anti i l t this of ,
DWIGHT F. HiiWG CLERK OF. :OGURi"�
L` 4I
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MARC L. SH"m Marc L. Shapiro, P.A.
JEFF BLUESTEIN* EgAffomey at Law
JOEL GoNzALP7
720 GooDLETrE ROAD NontL SurTE 304 - NAPLES, FLORIDA 34102
Naples: (239) 649-8050 • FORT MYERS: (239) 418-0010
FAx: (239) 649-8057
WWW.M70RNEYSHAPIRO.COM
June 2. 2015
VIA HAND DELIVERY
Iliana Burgos
Operations Supervisor
Collier County Code Enforcement Division
Growth Management Department
4--
21800 N. Horseshoe Dr.
Naples. FL 34104
Re: CESD2011000314
CENA20120011341
185 31" Street NW
Ms. Burgos:
(Unpermitted Structures)
(Lot Mowing)
9/8/2015 16.A.30.
*Aim ADm= IN Omo
2JUH IS 4:14PM
Pursuant to our recent conversation and our recent exchange of emails. this is to confirm that our
office represents Mr. Hugo Aguilar and Ms. Claudia Gomez, regarding the above referenced
open cases.
By way of background. Mr. Aguilar and Ms. Gomez purchased the above property on July 19.
2013. At the time of their purchase. the above orders./I lens were of record. However. for reasons
unknown to me (and to them). they were not aware of the existence of the orders/liens and they
closed on the property, accordingly- Sometime after taking possession of the property, they were
informed by Code Enforcement that the larger of the two building was not permitted and would
need to be demolished.' To that end, and on November 21. 2013. Mr. Aguliar and Ms. Gomez
were issued a demolition permit for the larger of the two structures. Demolition was completed
shortly thereafter and the project passed inspection and the permit was closed on December 3.
2013. Attached as Exhibit "A" is a true and correct photocopy of the demolition Job Card for
your use and review.
Interestingly. Mr. Aguliar and Ms. Gomez were told by County officials that the second structure
was in fact permitted and that no further action relative to the second structure was required. It
I I note that Case Number CESD2101 1000314 indicates the existence of three unpermitted
structures on the property. However. at the time of purchase of the property by Mr. Aguilar and
Ms. Gomez there were only two structures on the property. It is unclear whether one structure
was removed by the previous owner prior to their purchase or alternatively. if a mistake was
made by Code Enforcement and only two structures ever existed.
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9/8/2015 16.A.30.
Ms. Iliana BLir(-)os
Collier County Code Enforcement Division
June 12015
Page 2 of 21
was only when a code enforcement official paid a visit to their property in early part of this year
that Mr. Auuilar and Ms. Gomez were made aware of the unpermitted nature of the second
structure. Thev were issued a demolition permit on April 7. 201-5 and demolition was completed
shortly thereafter and the project passed inspection and the permit was closed on April. 2015.
Attached as Exhibit -13- is a true and correct photocopy of the demolition Job Card for the
second structure for your use and review.
Had Mr. Auuilar and Ms. Gomez been told of the unpern-iitted nature of the second structure they
would have caused its removal at the time of the demolition of the first structure. To think
otherwise would seem to make little or no sense as when photographs of the demolition of the
first structure are reviewed. it is apparent that the second structure is immediately adjacent to the
second structure and was at all times in plain view of any inspector. Attached as composite
Exhibit -C- are true and correct photocopies of photographs of the demolition of the first
structure for your use and review. The inference is that had Code Enforcement told them of the
need for demolition of the second structure they would have done so when they already had a
work force mobilized to demolish the first structure. However. at no time durint., the demolition
or inspection process of the demolition of the first structure did code enforcement mention that
the second structure required demolition.
Relative to costs incurred by Mr. Aguilar and Ms. Gomez for the demolition of the two
structures. be advised that they expended $2850.00 for demolition of the structures. Attached as
Exhibit -D- is breakdown of the costs incurred.
Given the foregoing and given Mr. Aguilar and Ms. Gomez more or less immediate rectification
of the situation once the-,. became aware of same. it is respectfully requested that with the
exception of operational costs- the County consider -%valvinL, all fines and interest accrued to date
on Case Number CESD201 10003 14. 1 have enclosed our fin-n*s check in the amount of $411.29
representing payment of $299.00 for operational costs for the lot mowing in Case Number
CENA2012001 1341 and operational costs of 51 12.29 in unpermitted structures Case Number
CESD201 10003 14.
Thank you for your time and consideration.
matinew t- tones
Leaal.Assistant to Marc L Shapiro. Esquire
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INSPECTION JOB CARD - COLLIER COUNT Y, FLORIDA
FOR INSPECTIONS PHONE 252-3726
9/8/2015 16.A.30.
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9/8/2015 16.A.30.
Demolition Cost Breakdown
Structure 1: (2013)
Bobcat rental for 1 day: 5400
Paid 3 guys total of 32 man hours: $800
Dump fee to dispose of : $500
Total for structure 2: $1700
Structure 2:(2015)
Bobcat rental for 1 day: $400
Pay 2 guys total of 16 man hours: $400
Dump fee to dispose of: $350
Total for structure 2: $1150
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