Agenda 12/08/2015 Item #16A2312/8/201516.A.23.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of a code enforcement lien with an accrued value of
$134,500, for payment of $7,837.92, in the code enforcement action entitled Board of County
Commissioners v., Humberto L. Jaen, Code Enforcement Special Magistrate Case No. 2007070252,
relating to property known as 38701` Avenue SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to partially
release a code enforcement lien with an accrued value of $134,500, for payment of $7,837.92, as
to property known as 3870 l" Avenue SW, in relation to Code Enforcement Special Magistrate
Case No. 2007070252.
CONSIDERATIONS: As a result of a code violation at 824 98th Avenue N., consisting of
numerous minimum housing violations such as but not limited to: no hot water in bathroom,
refrigerator and disposal not operating properly, outlets not properly installed and exposed wires,
doors not operable and not weathertight, closet doors off tracks, gutters in disrepair,
unmaintained pool and roach infestation; the Special Magistrate ordered the imposition of a lien
against Humberto L, Jaen, in Case No. 2007070252. The lien was recorded in the Official
Records on February 22, 2008, at O.R. Book 4332, Page 0511, and it encumbers all real and
personal property owned by Humberto L. Jaen. The lien amount of $134,500 is based on 538
days of accrued fines ($250 per day from November 10, 2007 through February 22, 2008).
Operational costs were previously paid. The property was brought into compliance on May 1,
n 2009 and fines do not continue to accrue.
This request for a partial release is for a different property, 3870 1" Avenue SW, which contains
no code violations. This latter parcel was encumbered by the lien as a result of common
ownership by Humberto L. Jaen. This property is under contract and the lien continues to
encumber the property.
FISCAL IMPACT: Payment of $7,837.92 in settlement has been made and if approved by the
Board, accrued fines in the amount of $126,662.08 would be waived with respect to 3870 1'`
Avenue SW only. The lien balance would continue to encumber all other property owned by
Humberto Jaen.
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 $126,662.08 with respect to 3870
1'` Avenue SW only, accept settlement payment amount of $7,837.92, partially release the lien,
and authorize the Chairman to sign the attached partial release and satisfaction of lien for
recording in the Official Public Records.
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12/8/2015 16.A.23.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth.
Management Department
Attachment: 1) Partial Release and Satisfaction of Lien
2) Lien Order
i�
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12/8/2015 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to approve the partial release of a code enforcement
lien with an accrued value of $134,500, for payment of $7,837.92, in the code enforcement
action entitled Board of County Commissioners v., Humberto L. Jaen, Code Enforcement Special
Magistrate Case No. 2007070252, relating to property known as 38701st Avenue SW, Collier
County, Florida.
Meeting Date: 12/8/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
12/2/2015 3:19:42 PM
�. Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
12/2/2015 3:19:43 PM
Approved By
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 12/2/2015 3:32:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/2/2015 4:39:55 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/2/2015 4:47:49 PM
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. 2007 -070252
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
HUMBERTO L. JAEN,
Respondent(s).
THIS CAUSE came b
for Imposition of Fines/Liens
respective to all appropriate
Magistrate, as follows:
Magistrate for
4131274 OR 12/8/2015 16.A.2l
RECORDID in OFFICIAL RECORDS of COLLIBR Conn, 1L
02122/2008 at 11:25AK DVIGBT 1. BROCK, CUIK
11C 111 35.50
Retn:IRT1R OFFICE:
CODE EIFORCSKIIT
K STBNART 252 2496
g upon the Petitioner's Motion
gistrate, having heard argument
of lVact and Order of the Special
1. On November 2, 2007, R ent(s) was/were fo gu' ty lation of Ordinance No. 04 -58,
Section 6, Subsection(s) 1, 2, 5, , 12(I), 12(n, 12( ), 15, 19(C) and 20 for numerous
minimum housing code violations r e 'fled in the Property ante Report attached as Exhibit A
to the original Order, which violatio on the pr ed at 824 98* Avenue North, Naples,
FL 34108, Folio #62775920000.
2. An Order was entered by the Special Magistrate ordering Respondent(s) to correct the violation on or
before November 9, 2007 or a fine of $250.00 per day would be assessed for each day the violations
continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4305,
PG 2804 and attached hereto).
Operational costs incurred by the County in the amount of $337.08 were ordered to be paid.
4. No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
5. Respondent(s), having been duly noticed for the public hearing regarding the County's Motion, failed
to appear for the public hearing and failed to present a legal defense to the Motion.
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED:
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12/8/2 015 16
.A.23.
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Respondent(s) is/are assessed and ordered to pay fines at the rate of $250.00 per day for the period
from November 10, 2007 to January 18, 2008, or 70 days, for a total of $17,500.00.
C. Operational costs incurred in the prosecution of this case and previously assessed in the amount of
$337.08 are ordered to be paid.
D. Respondent is ordered to pay all outstanding fines and costs in the total amount of $17.837.08
forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in
Collier County, Florida
DONE AND ORDERED Nune Pro Tone
County, Florida.
1 HEREBYCERTIFY THATNtis Is a but
:orreet copy of a`oocument on file in-
Board Minutes and Records of Collier n
OEtT SS my art ' ific'at a! t
y of.
this 8V day of �!.% , 2008 at Collier
It COUNTY CODE ENFORCEMENT
M GISTRATE
ONISHT E. BROGX. CLERK OF. CO(1
PA F Any ered to be paid p
County Code nforcement t, 0 North Horseshoe
2343. Any release of lien or confirm liance
obligations of this order may also be ob is 1pt ,
rder may be paid at the Collier
aples, FL 34104, fax #(239) 403 -
Dn of the satisfaction of the
LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three
(3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate
may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the
event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for
those costs incurred by Collier County.
APPEAL RIGHTS: 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(s) - Humberto L. Jaen t/
�i Collier Co. Code Enforcement Dept.
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Can Na - 2007-070252
BOARD OF COUNTY COIV MMIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
HUMBERTO I- JAEN,
Respondent(s).
/
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THIS CAUSE came on for publi the Special Magistrate on November 2,
2007, and the Special Magistrate, under oath, received evidence, and
heard argument respective to n issues its Findings of Fact,
Conclusions of Law, and _ Dec Magistrate,
1. Respondent(s),
2. Respondent(s) wash
3. The Special Magish
notified, did not
4. The real property
violation of Collier
J, 12 -0,12 -P, 12 -R, 15, 1
idion of this a
public hearing.
Numerous minimum housing den
Inspection Report attached hereto as Exhibit A.
and posting.
Respondent, having been duly
08, Folio #62775920000, is in
,dons 1, 2,5,6,9,11,12-L 12-
on the Property Maintenance
5. The above - referenced violations have not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fad and Conclusions of Law, and pursuant to the authority granted
in Chapter 162, Florida Statutes, and Collier County Ordinance No.04 -46, it is hereby ORDERED:
A. Respondent(s) is/am found guilty of violation' of Collier County Ordinance No. 2004 -58, Seca 62
Subsections 1, 2, 5, 6, 9, 11, 12 -I, 12-J,12-0,12-P, 12 -R, 15,19-C and 20.
B. Respondents shall cotred the violations by correcting all minimum housing violations noted in
the Property Nfaintenance Inspection Report, attached hereto as Exhibit A, on or before November 9,
2007, or a Hue of 5250 per day wit be assessed for each day the violations continue until compliance
can be confirmed by the County.
—_.. Packet Page -670-
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12/8/2015 16.A.23.
C. Respondent(s) shall pay Operational Costs in the amount of 5337.08, on or before December
2, 2007, for costs incurred by the Code Enforcement Department during the prosecution of this case.
D. Respondent(s) shall notify the Code Enforcement Investigator, John Santafemia, within 24 hours
of abatement so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this day of , 2007 at Collier County, Florida.
cc: Respondent(s) — Humberto L. Jaen
PCollier Co. Code Enforcement Dept.
Stare oa FWRIDA
oumy► of CowER
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correct copy o>- apGtiBt ,tsz'file in
Goad A�in::� =��, a ' #I, Colbert
NESS tfl%n _ a'- �:., this
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COLLIER COUNTY CODE ENFORCEMENT
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SPECIAL MAGISTRATE
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PAYMENT OF FINES: Any fin
his order may be paid at the
Collier County Code Enforcemen
ent, 2800 North Drive, Naples, FL 34104, fax
AG
#(239) 403 -2343. Any release o ie
of c pli o onfirmation of the satisfaction
of the obligations of this order ay
Lion.
LIEN RIGHTS: Any aggr' v
e ial Magistrate to the Circuit
Court within thirty (30) days
� peal shall not be a hearing de
novo, but shall be limited to
c . It is the responsibility of the
appealing party to obtain a
record of the h of Courts. Filing an Appeal
shall not stay the Special Magi `
er.
NOTICE: This order will be
ublic R ier County. After three (3) months
from the filing of any such lien or ci '
,the Special Magistrate may authorize
the County Attorney to foreclose on
li on on unpaid claims. In the event that
outstanding fines are forwarded to a collectio a Violator will be responsible for those costs
incurred by Collier County.
cc: Respondent(s) — Humberto L. Jaen
PCollier Co. Code Enforcement Dept.
Stare oa FWRIDA
oumy► of CowER
I HEREBY CERZ T 1FY.Tl�li eft Is a baw4
correct copy o>- apGtiBt ,tsz'file in
Goad A�in::� =��, a ' #I, Colbert
NESS tfl%n _ a'- �:., this
C�.:i
OWMA FL. LOKO&OUMM
YLA
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..Packet Page -671-