Agenda 09/22/2015 Item #16A 9 9/22/2015 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$129,512.47 for payment of $6,712.47, in the code enforcement action entitled Board of County
Commissioners v. Rafael R Gutierrez and Candida A. Gutierrez, Code Enforcement Special
Magistrate Case No. CESD20110010453, relating to property located at 2497 55th 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 $129,512.47, for payment of $6,712.47, in
relation to Code Enforcement Special Magistrate Case No. CESD20110010453.
CONSIDERATIONS: As a result of a code violation at 2497 55th Street SW, consisting of
failure to obtain a certificate of completion on a permit for a wooden fence, the Special
Magistrate ordered the imposition of a lien against Rafael R. Gutierrez and Candida A.
Gutierrez, in Case No. CESD20110010453. The lien was recorded in the Official Records on
January 23, 2012, at O.R. Book 4757, Page 1885, and it encumbers all real and personal property
owned by Rafael R. Gutierrez and Candida A. Gutierrez. The lien amount of $129,512.47 is
based on 1,294 days of accrued fines ($100 per day from December 2, 2011 through June 17,
2015) plus $112.47 in operational costs. The property was brought into compliance on June 17,
2015.
Following a foreclosure (Case No. 2008-CA-4361), the property was acquired by Federal
National Mortgage Association via certificate of title on March 13, 2015. The new owner
brought the property into compliance after accruing additional fines for 66 days beyond the 30
day "grace"period.
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. The property is being actively maintained and the owner has paid $6,712.47 in
settlement of accrued fines. The owner is requesting a waiver of$122,800 in accrued fines.
FISCAL IMPACT: Payment of$6,712.47 has been made in settlement, representing $6,600 in
accrued fines, plus $112.47 in operational costs. If approved by the Board, accrued fines in the
amount of$122,800 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 201 2-46. KN
[1 5-CED-01051/1203231/1]
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9/22/2015 16.A.9.
RECOMMENDATION: That the Board waive the fines in the amount of $122,800, accept
settlement payment amount of$6,712.47, 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, Division Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien and 2) Lien Order
I15-CED-01051/1203231/11
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9/22/2015 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$129,512.47 for payment of$6,712.47, in the code enforcement action
entitled Board of County Commissioners v. Rafael R. Gutierrez and Candida A. Gutierrez, Code
Enforcement Special Magistrate Case No. CESD20110010453, relating to property located at
2497 55th Street SW, Collier County, Florida.
Meeting Date: 9/22/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
8/19/2015 3:26:05 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement. Growth Management Department
Date: 8/20/2015 1:35:28 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:20:55 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:21:24 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/27/2015 3:28:55 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 8/31/2015 8:39:20 AM
Name: KlatzkowJeff
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9/22/2015 16.A.9.
Title: County Attorney,
Date: 8/31/2015 10:39:12 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 10:52:33 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/8/2015 1:26:47 PM
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9/22/2015 16.A.9.
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:
Rafael R. Gutierrez and Candida A. Gutierrez,
Respondents
The lien was recorded on January 23, 2012, in Official Records Book 4757, Page 1885, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of three
thousand seven hundred twelve dollars and forty-seven cents ($3,712.47), 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 Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin NoeII
Assistant County Attorney
CESD20110010453
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INSTR 4649776 OR 4757 PG 1885 RECORDED 1/23/2012 9:37 AM PAGES 3 9/22/2015 16.A.9.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD20110010453
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RAFAEL R. GUTIERREZ AND
CANDIDA A.GUTIERREZ,
Respondents. R_ �1�1.?1
ORDER OE SPE MAGI RATE
,' O„''
THIS CAUSE came b for h Sp `:ia(Ma s or b is hearing upon the Petitioner's
Motion for Imposition ofFinesrLr b�s^s an and
„�. -=� -� er`;HIl Magistrate,having heard
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argument respective to all appro a matters,hereupon rs ,tes it Fiiindiugs of Fact and Order of the
Special Magistrate,as follows: `✓,1, ,tom j .
\ r.
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� J RIDINGS OF Fj3.et. /
1. On November I,2011,Respondent aseg ntnd i t f violation of 2007 Florida Building Code,
Chapter 1, Section 110.4 for permit 2001 122047 for a wooden fence,that was obtained but never
received certificate of completion,which violation occurred on the property located at 2497 55e
Street SW,Naples,FL Folio#36385200007(Legal Description:GOLDEN GA'1 h.UNIT 6 PART
1 ELK 224 LOT 12).
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 S100.00 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 193).
3. Operational costs of S112.47 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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OR 4757 PG 1886 9/22/2015 16.A.9.
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. 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$112.47.
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D. Respondent is ordered to pay fines and costs in the total amount of$3,712.47 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 c. nti~ -1,P' statement has been confirmed by a Collier
County Code Enforcement I -- :.' .
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DONE AND ORDERED this • • • •o ! -- _ t C►lIier County,Florida.
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,. lti COLL1 COulyr LODE ENFORCEMENT
\ SPECIgkAMA91 TRA I E
Algrita
dr&
ENDA C.GARRE ON
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 Iimited 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—Rafael R. Gutierrez and Candida A.Gutierrez
Collier Co.Code Enforcement Dept.
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*** OR 4757 PG 1887 *** 9/22/2015 16.A.9.
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