Agenda 09/23/2014 Item #16A16Recommendation to approve the release of a code enforcement lien with an accrued value
of $259,082 for payment of $532, in the code enforcement action entitled Board of County
Commissioners v. Jesus Jaime and Maria Martinez, Code Enforcement Board Case No.
CELU20120008659, relating to property located at 3014 Everglades Boulevard S., Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $259,082 for payment of $532, in relation to
Code Enforcement Board Case No. CELU20120008659.
CONSIDERATIONS: As a result of code violations at 3014 Everglades Blvd. S., consisting of
unlawful electrical improvements and a buried storage container, the Code Enforcement Board
ordered the imposition of a lien against Jesus Jaime and Maria Martinez, in Case No.
CELU20120008659. The lien was recorded in the Official Public Records on February 6, 2013,
at O.R. Book 4883, Page 2979 and it encumbers all real and personal property owned by Jesus
Jaime and Maria Martinez. The lien amount. of $259,082 is based on 518 days of accrued fines,
at $500 per day (November 30, 2012 through May 1, 2014), plus operational costs of $82.
Following a foreclosure (Case No. 2012 -CA- 0117), an amended Certificate of Title was recorded
on April 14, 2014 in favor of Federal National Mortgage Association (FNMA). FNMA then sold
the property to the current owner, Barbara Julian, on March 20, 2014. Normally, a new owner
has a 30 -day window to address existing violations. This new owner brought the property into
compliance on May 1, 2014, approximately 42 days after taking title, after considerable effort
and expense. A more detailed explanation of the effort and expense involved in bringing the
violations into compliance is contained in the attached hardship letter.
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, fines accrued prior to
transfer of title, and compliance has been achieved. The property is in compliance and the new
owner has paid $532 to settle this matter and obtain a release of lien. The new owner is
requesting a waiver of $258,550 in accrued fines.
FISCAL IMPACT: Payment in the amount of $532 has been received, representing $450 in
fines and $82 in operational costs. If approved by the Board, accrued fines in the amount of
$258,550 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
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9/23/2014 16.A.16.
RECOMMENDATION: That the Board of County Commissioners waives accrued fines in the
amount of $258,550, accept payment amount of $532, 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, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachment: 1) Release and Satisfaction of Lien
2) Order Imposing Fine/Lien
3) Hardship letter
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9/23/2014 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $259,082 for payment of $532, in the code enforcement action entitled
Board of County Commissioners v. Jesus Jaime and Maria Martinez, Code Enforcement Board
Case No. CELU20120008659, relating to property located at 3014 Everglades Boulevard S.,
Collier County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/7/2014 3:23:34 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 8/11/2014 9:39:30 AM
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/13/2014 8:14:35 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/13/2014 8:34:29 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:15:48 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:55:54 PM
Name: IsacksonMark
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9/23/2014 16.A.16.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 8/21/2014 3:50:26 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 8/21/2014 6:00:23 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/25/2014 1:52:01 PM
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9/23/2014 16.A.16.
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:
Jesus Jaime and Maria Martinez
Respondents
The lien was recorded on February 6, 2013, in Official Records Book 4883, Page 2979,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of twenty -eight thousand eighty -two dollars and zero cents ($28,082.00), 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
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
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INSTR 4796862 OR 4883 PG 2979 RECORDED 2/6/2013 3:45 PM PAGES 2
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,
VS.
JESUS JAIME AND MARIA MARTINEZ,
Respondents
THIS CAUSE came on for
Respondents at which time the Boar
and Conclusions of Law and thereur
furnished to Respondents and was
et. seq. on November 8, 2012 cov
Folio 41346400006, more
vim the South 150 Feet of Tract
the Public Records of Collier Co
An Affidavit of Ni
December 13,201Z which
ordered.
L
I Ilk,�
been filed with the
under oath that the
CASE NO.: CELU20120008659
9/23/2014 16.A.16.
r 25, 2012, after due notice to
ce, and issued its Findings of Fact
I writing on October 30, 2012, and
Florida at OR 4853, PG 1140,
:,led lvd. S., Naples, FL 34117,
n ier County, State of Florida,
in Plat Book 5, Page 27, in
Enforcement Official on
action has not been taken as
Accordingly, it having been Ixought3b t e 'CA*U p ttW Respondents have not complied with the
Order bated October 30, 2012, it is hereby
ORDERED, that the Respondents, Jesus Jaime and Maria Martinez, pay to Collier County fines in the
amount of 528,000.00 (Order Items I & 2) at rate of $500/day for the period of November 30, 2012 through
January 24, 2013 (56 days), plus the operational costs of S82 .00, for a total of 528,082.00.
IT IS FURTHER ORDERED that the fines 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 nova, 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 day ofi,)Q!:�., 2013 at Collier County, Florida
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* ** OR 4883 PG 2980 * ** 9/23/2014 16.A.16.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me day of
20I3, by Robert Kaufman, Chair of the Code Enforcement Board of Collies Canty, Florid who is
personally brown to me or V who has produced a Florida Driver's Licens -"as id "`nterni m
L g� TAR PUBLIC�� , , `.. r_x— \
MY u My commission expires•
Baded't��r�,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by Lk S. Mail to Jesus
Jaime and Maria Martinez, 3014 Everglades Blvd. 34117 this �— day of r
jV11k0K( 2013.
M. J
Florida ar oa
No. Q311
No.
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From: joe 239(a)msn.com
To: patrickbaldwin(a-)-colliergov.net
Subject: FW: 3014 Everglades Blvd S Property
Date: Fri, 16 May 2014 09:39:45 -0400
Please check this out and let me know if I should add or delete anything or where else I
should send to.
We can also drop off hard copy to anyone you feel we need to.
Can't thank you enough for your help
From: ioe 239 _msn.com
To: ioe 239(a),msn.com
Subject: 3014 Everglades Blvd S Property
Date: Fri, 16 May 2014 09:30:26 -0400
To Whom It May Concern:
I purchased the property at 3014 Everglades Blvd. South on March 12th 2014. 1 was
aware of the fines imposed on this property before the purchase. Before I closed on this
property I contacted code enforcement as well as going to office in person to see what
was required to have fines removed from property. I understood that there was a 30 day
time frame from purchase to be in compliance. I applied for the permit to correct the
problems at the above property on March 14th 2014. The permitting department would
not issue the permit until it was recorded on March 20th 2014 even though I had deed in
hand it had to be recorded before they could approve. The approval date on permit is
March 21 st 2014.1 lost 7 days waiting for this process that was out of my control. The
house on the property was not in very bad condition but the property was. The codes
enforcement issues for the property was a 40 foot container buried in the back yard as
well as electrical modifications. The house needed kitchen repairs, window repairs, and
entry door repairs. I immediately started making improvements to property upon taking
ownership. I had to wait on permits to start code enforcement violations. I had the
property brush cleared and yard mowed at a cost of $750.00.
1 had the house painted inside and out for the cost of $3500.00. The container was
removed on March 23rd at the cost of this was way over expected price. The container
was severely lodged in the ground after all the years that it was buried the ground was
severely compacted. After the container was removed clean fill dirt was placed in the
hole the cost of this added up to $5200.00 The electrical repair. the electrical repair was
scheduled immediately after permit was issued the cost of this was $1950.00. This
violation was completed and passed inspection on March 28th 2014. there were other
cost involved as well for cleaning all the debris scattered throughout the property all the
trash was collected and disposed of properly the cost on debris cleanup was $1500.00.
The repairs to the door, kitchen, missing light fixtures, missing smoke detectors, missing
outside fixtures, and other miscellaneous repairs exceeded $9000.00.
All of the code violations were actually in compliance March 28th 2014 only 7 days after
approval for permit. I have been in continuous contact with code violation officer
assigned to my case letting him know where I was at with compliance issues. I have
been working nonstop on this property improving the condition. I did have all violations
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9/23/2014 16.A.16.
in compliance well ahead of the 30 day deadline but I was unable to get final building
until May 1st. The reason it took until the first it because of getting everything ordered
and completed to pass final building. I have over extended my budget on my home and
asking that there not be a $6000.00 fine placed against me on this property.
Thank You
Barbara Julian
3014 Everglades Blvd. S
Naples, Fl. 34117
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