Agenda 12/08/2015 Item #16A14EXECUTIVE SUMMARY 12/8/2015 16.A.14.
Recommendation to approve the release of a code enforcement lien with an accrued value of
$137,000 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Joselino and Yolando Sanchez, Sandy Sanchez, Code Enforcement Board Case
No. CEAU20110007445, relating to property located at 2530 4th Ave SE, 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 $137,000, for payment of $450, in relation to the
Code Enforcement Board Case No. CEAU20110007445.
CONSIDERATIONS: As a result of a code violation at 2530 4a` Ave SE, consisting of the
construction of a fence without first obtaining the required permit, the Code Enforcement Board
ordered the imposition of a lien against Joselino and Yolando Sanchez and Sandy Sanchez, in
Case No. CEAU20110007445. The lien was recorded in the Official Records on March 8, 2012,
at O.R. Book 4772, Page 1121, and it encumbers all real and personal property owned by
Joselino and Yolando Sanchez and Sandy Sanchez. The lien amount of $137,000 is based on
1,370 days of accrued fines ($100 per day from December 19, 2011 through September 18,
2015). The property was brought into compliance on September 18, 2015.
The property was acquired by 2530 4t' Ave SE Trust MIG Property Management LLC., via a
certificate of title which was recorded on June 16, 2015. Once the new owners became aware of
the lien and the pending violation, they immediately hired a contractor to remedy the violation
and expended $4,020.60, as evidenced by the attached letter.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when a
n 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 $450 in settlement
costs. The new owner is requesting a waiver of $136,550 in accrued fines.
FISCAL IMPACT: Payment of $450 has been made and if approved by the Board, accrued
fines in the amount of $136,550 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
RECOMMENDATION: To waive the fines in the amount of $136,550, accept the settlement
payment amount of $450, 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: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien
2) Lien Order
3) Hardship letter
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'12/8/2015 16.A.14.
12/8/2015 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $137,000 for payment of $450, in the code enforcement action entitled
Board of County Commissioners v. Joselino and Yolando Sanchez, Sandy Sanchez, Code
Enforcement Board Case No. CEAU20110007445, relating to property located at 2530 4th Ave
SE, Collier County, Florida.
Meeting Date: 12/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/6/2015 3:43:55 PM
Approved By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
Date: 11/6/2015 3:59:59 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/9/2015 1:30:51 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/9/2015 1:31:33 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/9/2015 3:24:56 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/10/2015 9:25:19 AM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 11/10/2015 2:03:23 PM
12/8/2015 16.A.14.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/10/2015 2:17:16 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/13/2015 2:22:08 PM
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12/8/2015 16.A.14.
This Instrument Prepared By:
Marlene Serrano
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:
Joselino and Yolando Sanchez, Sandy Sanchez,
Respondents
The lien was recorded on March 8, 2012, in Official Records Book 4772, Page 1121, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of six
thousand seven hundred eighty dollars and fifty -seven cents ($6,780.57), 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 lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEAU20110007445
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INSTR 4666234 OR 4772 PG 1121 RECORDED 318/2012 11:07 AN PAGES 2
DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50 INDX $1.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JOSELINO AND YOLANDO SANCHEZ,
SANDY SANCHEZ,
Respondents
THIS CAUSE came on for F
Respondents at which time the Board
and Conclusions of Law and thereupc
and furnished to Respondent and was
1132, et. seq. on December 8, 2011. )
An Affidavit of Non -Comp4
December 22, 2011, which Affidavit }
ordered.
in the
the Board on
er oath, recei
Accordingly, it having been br the Board's attt
Order dated November 22, 2011, it is he
ORDERED, that the Respondents, J
fines in the amount of $6,700 (Order Items I & 2 !�$l
February 23, 2012 (67 days), plus operational costs of $80. ,
12/8/2015 16.A.14.
CASE NO.: CEAU20110007445
182 2011, after due notice to
I issued its Findings of Fact
to Ting on November 22, 2011,
ro and
Florida at OR 4744, PO
cement Official on
has not been taken as
have not complied with the
andy Sanchez, pay to Collier County
r the period of December 19, 201 I through
a total of $6,780.57.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents
come 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. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ,3 day of —.Pb., 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
Slaiv .(.ijj) COUNTY, FLORIDA
'iQEltliy
Of COLLIER
1 HEREBY CERTiFY,T- QAT-.3hij:ls a Niue
rt Ka , Vi Chair
:orrect t:tapy pf R %tloCUtrlBtiti t.l`lie In- 280 rse oe Drive
Board Mlntates s p6ra�.°o1.CoiJter Eoufft Na es I c 4104
S my nd, a +a( tl S
day o D�
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* ** OR 4772 PG 1122 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknow
2012, by Robert Kaufman, Vice Chair
personally known to me or -1
��1EE�5
�p�Deoun4.r�M"'s
12/8/2015 16.A.14.
red before me thiOB day of-e
he Code Enforcement Board of Collier Cou , is
who has produced a Florida Driver's Li se as identification.
NOTARY PUBLIC
My commission expires:
16 � CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct co this ORDER has been sent by Mail to Jase[ino
an_ d(Yo anda. Sanchez and Sandy Sanchez, 2530 it a s, Florida 34117 thi y of
"� 2412.
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Mariya Gabrovska
4430 Botanical Place Cir, #404
Naples, FL 34112
Mrs. lliana Burgos
Growth Management Department
Code Enforcement Division
2800 North Horseshoe Dr,
Naples, FL 34104
Oct 6, 2015
Dear Mrs. Burgos
Me and my husband we bought house on address 2530 4th Ave SE, Naples, FL 34117
from a court auction and took ownership on Jun 16, 2015. It turn out the house has Gen for
fence building violation done by previous owner - Yolanda 'Sanchez. There was two other liens
for weed overgrown violation.
We have payed total of $686.57 for weeds overgrown (CENA20120014917,
CENA20130015396) and operational cost (CEAU20110007445) for fence lean on Jun 30, 2015.
We have hired general contractor Porter Construction LLC to take care for fence
violation. They did boundary survey and certificate of completion, permit number:
PRBD2015072336101, with status Finaled on Sep 18, 2015. For their work they charged us
total amount of $4,020.60. It took them two month to complete the work due to requirement to
do boundary survey.
Please wave fence lien case number: CEAU20110007445 of amount $6780.57 based
on Board of Commissioner of Collier County resolution 2012 -46 4.1 D
"...new ownership, fines accrued prior to transfer of title would be considered for waiver
as long as new owner has diligently pursued abatement and compliance has been achieved"
All documents related to those case are attached here.
Thank you.
Sincerely
Manya Gabrovska
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Certified Building Contractor CBCAM 260607 TnVoice No* 4601
4001 Santa Barbara Blvd, #247
Naples, FL 34104 Date: October 6, 2015
Terms: NET 0
239-206-4418 (OFFICE) Due Date: October 6, 2015
239-206-4946 (FAX)
michelle@porterconstrucbonnaples.com
Bill To: Madya Galbrovsky
2350 4th Ave SE; Naples, FL
RE: COLLIER COUNTY CODE VIOLATION
Description
PAID 50% DEPOSIT OF CONTRACT DATED JULY 9, 2015
FENCE VIOLATION
CHECK NUMBER 1016
DATED JULY 10, 2015
Amount
$1,400.00
* Thank you for Wic6i,ng, P, C*S to b' e' of 'service' to you. you have any ...
questions or conoems in regards to the work you received, please feel free to Total $1,400.00
email our office. , Porter Construction Services is Paid
All work was carried out in a professional manner, $1,4DO.00
a fully licensed and insured Building Contractor in the State of Florida and all
workers are covered by liability and workman's compensation insurance. Balance Due $0.00
Your Payment is Due Upon Receipt.
Thank you and we look forward to working with you again.
-------- ---------------------------- --------- -------- - - - - -- ---------------------------
--------------- --
Fl ease detach and send wfti-� remitzarice to! :54
PORTER CONSTRUCTION SERVICES REMITTANCE ADVICE FOR Invoice # 460I on Oot 6, 2016
Certified Building Contractor CBC#1260607 Balance Due: $0,00
4001 Santa Barbara Blvd, #247
Naples, Fl- 34104 Amount Paid:
Received From Mariya Gabrovsky
tIY
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12/8/2015 16.A.14.
PORTER CONSTRUCTION SERVICES
Cerdied8uikiingContraclarCBC #1260607 Invoice No: 4569
4001 Santa Barbara Blvd, #247
Naples, Fl. 34104 Date: September 21, 2015
Terms: NET 0
239 - 206.4418 (OFFICE)
239 -2064 Due Date: September 21. 2015
946(FAXy
mo'o-�porterconstructionnapies.com
Bill To: Marlys Gabrovsky
2350 4th Ave SE; Naples, FL
RE: COLLIER COUNTY CODE VIOLATION
Description 11i16Ufiit
Balance of Contract dated July 9. 2015 $2,620.60
$1,400.00
Collier County Permitting Fee- 3199.65
Site Survey- $862.00
15% Permitting Fees= $29.95
15% Site Survey= $129.00
TOTAL AMOUNT DUE $2,620.60
.........., ............... ............................................... ...................................
Thank you for allowing PCS to be of service to you. Should you have any
questions or concerns in regards to the work you received, please feel free to Total $2,620.60
email our office.
All work was carried out in a professional manner, Porter Construction Services is Paid $0.00
a fully licensed and insured General Contractor in the State of Florida and all
workers are covered by liability and workmen's compensation insurance. Balance Due $2,620.60
Your Payment is Due Upon Receipt
Thank you and we look forward to working with you again.
--__- -- --_,__._-.._- -- -_._
aieaae detuh eM send wxn rertwna>Ke to
PORTER CONSTRUCTION SERVICES REMITTANCE ADVICE FOR invoice # 4569 on Sep 24, 2015
Certified Building Contractor CSC #1260607 Balance Due: $2,620.60
4001 Santa Barbara Blvd, #247
Naples. FL 34104 Amount Paid:
Remimd From: warya Gabrovsky
Y (1
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