Agenda 12/09/2014 Item #16A21 12/9/2014 16.A.21 .
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$41,313.74, for payment of $513.74, in the code enforcement action entitled Board of County
Commissioners v. Serafin Ordaz Hernandez and Sara De La Rosa, Code Enforcement Board Case
No. CESD20120002127, relating to property located at 3200 Westclox Street, 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$41,313.74, for payment of$513.74, in relation
to Code Enforcement Board Case No. CESD20120002127.
CONSIDERATIONS: As a result of code violations at 3200 Westclox Street, for installation of
new windows, front door, and modifications to the home without the required Collier County
permits, the Code Enforcement Board ordered the imposition of a lien against Serafin Ordaz
Hernandez and Sara De La Rosa in Case No. CESD20120002127. The lien was recorded in the
Official Public Records on July 16, 2014, at O.R. Book 5058, Page 1897, and it encumbers all
real and personal property owned by Serafin Ordaz Hernandez and Sara De La Rosa. The lien
amount of$41,313.74 is based on 165 days of accrued fines (April 22, 2014 through October 3,
2014) at $250 per day plus $63.74 in operational costs.
The code case was opened in 2012 and the owners spent a great deal of time and expense to
bring this property into compliance, as described in the attached hardship letter. The property
was brought into compliance by the owners on October 3, 2014.
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 severe 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 owners
have been actively maintaining the property and have paid $513.74. Mr. Hernandez and Ms. De
La Rosa are requesting waiver of$40,800 in accrued fines.
FISCAL IMPACT: Payment of the $513.74 fine has been made representing $450 in fines and
$63.74 in operational costs. If approved by the Board, accrued fines in the amount of$40,800
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 2012-46. - KN
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $40,800, accept payment amount of $513.74, release the lien, and authorizes the
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12/9/2014 16.A.21 .
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
3)Hardship Letter
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12/9/2014 16.A.21 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$41,313.74,for payment of$513.74, in the code enforcement action
entitled Board of County Commissioners v. Serafin Ordaz Hernandez and Sara De La Rosa, Code
Enforcement Board Case No. CESD20120002127, relating to property located at 3200 Westclox
Street, Collier County, Florida.
Meeting Date: 12/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/12/2014 10:54:16 AM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 11/14/2014 9:52:17 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 11/14/2014 3:18:12 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/17/2014 9:25:06 AM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div, Business Management&Budget Office
Date: 11/23/2014 10:52:07 PM
Name: KlatzkowJeff
Title:County Attorney,
Date: 11/24/2014 8:59:33 AM
Name: IsacksonMark
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12/9/2014 16.A.21.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 11/24/2014 9:37:56 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 11/25/2014 10:39:16 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/25/2014 1 1:50:52 AM
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12/9/2014 16.A.21 .
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
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:
Serafin Ordaz Hernandez and Sara De La Rosa
Respondents
The lien was recorded on July 16, 2014, in Official Records Book 5058, Page 1897, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen
thousand sixty-three dollars and seventy-four cents ($15,063.74), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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3NSTR 5008121 OR 5058 PG 1897 RECORDED 7/16/2014 3:37 PM PAGES 2 12/9/2014 16.A.21.
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, CASE NO.:CESD20120002I27
vs.
SERAFIN ORDAZ HERNANDEZ AND
SARA DE LA ROSA,
Respondents I 'O \
ORDER-IMPOSING FINE/LIEN
1
THIS CAUSE came on for public ear oar
�.hG�4Te t���tpa�,�e;,ti�aa�er's Motion for Imposition
Fines/Liens on June 20,2014,an the 'oa�r3`h vin lelir tem n re crive to all appropriate matters
thereupon issues its Findings of ct _d(Drder�as f�ollpw : {�
\C FINDINGS OF FACT ` 1
\ ).r, fit+ ) /� r
\`er, '17- , /`-^1
1. On April 25,2013,RespPoQndents were found to be in violat'o 9T,Ordinance 04-41,as amended,the
Collier County Land Development Code, ecti ns 10.02.06 $ 1 0`f
( )( )(�, chxviolation covered the real property
located at 3200 Westclox Street,Immoka ee;:hL 147,Folio-001)-?! OBI,more particularly described as the
East I30 feet of the South 660 feet of the South. f ic`S6`u t"t�r� ';F�of the Southeast�/ of Section 30,Township
46 South,Range 29 East,Public Records of Collier , orida.
2. An Order was entered on May 1,2013,which was recorded in the Public Records of Collier County,
Florida at OR 4917,PG 3041 et.seq.on May 8,2013.
3. An Affidavit of Non-Compliance was filed with the Board by the Code Enforcement Official on May
7,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida
Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED:
1. Petitioner's Motion for Imposition of Fines/Liens is granted.
2. Daily fines of$250.00 per day are assessed against the Respondents for 60 days for the period from
April 22,2014 to June 20,2014 for a total amount of fines of$15,000.00,
3. The previously assessed operational costs of$81.43 have been paid. The operational costs are$63.74
for this hearing.
4. Respondents are ordered to pay fines and costs in the total amount of S 15,063.74 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida.
5. The daily fine of S250.00 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
i
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OR sons PG lags * 12/9/2014 16.A.21 .
DONE AND ORDERED this day of 0.A t 14 at Collier County,Florida.
1
'•DE ENE''CEMENT B•ARD
COLLIER CO • TY F •' DA
r'•-• rt Ka. •Ty-hair
280P No • • seshoe Drive
N des lo '•. 34104
STATE OF FLORIDA )
)SS: _
COUNTY OF COLLIER) //��. /cR COs r
The fore Ding instrument was aclmowte'd isfore me this L��a};�o .,,W� ,
2014, y Robert Kaufman,Chair of the t'od"e Enforcement Board of Co 'e Coun a lorida,who is
personally known to me or /Who produced-4i t`•.. I ;r' icense as identification.
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PAYMENT OF FINES: Any fine5�,grrdered to be paid pursuan�to this1Ordejnmay be paid at the Collier County
Code Enforcement Department,2800):1 tth Horseshoe Drive,Nests,FL/34104,fax#(239)252-2343. Any
release of lien or confirmation of compCianb�ar confirmation of the'3atisfacnon of the obligations of this Order
may also be obtained at this location. ti.l \ </
APPEAL: Any aggrieved party may appeal a, tiat-order ift ie-f3gard to the Circuit Court within thirty(30)days
of the execution of the Order appealed. An appeal sF'lail-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
Board's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Serafin
`Ord Heymandez and Sara De La Rosa,3200 Westclox Street,Immokalee,Florida 34142 this c' day of
J , ,2014.
M.J R Esq.
State of Florida Florida Bar No.750311
County of COLLIER 681 Goodlette Road N.,Ste.210
Naples,Florida 34012
1 HEREBY€'cRtF('tFlElTthis is a true and (''-39)263-8206
correct.c6;ny.dra,do.OtiinOitRnfile in
Boarlif Ttrrite,t;:a *dst Collier County
WITNESS my.tfa An ft; ia?;Seal this
ay/Ct .
DWICH`S BRQCK,CLERK OF'COURTS
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