Agenda 11/12/2013 Item #16A 611/12/2013 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien in the amount of $145,612.82
for payment of $562.82, in the Code Enforcement Action entitled Board of County Commissioners
vs. Michael Ughi, Code Enforcement Case Number CEPM20120017264, relating to property
located at 168 Coral Vine Drive, 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 $145,612.82, for payment of $562.82, in relation
to Code Enforcement Special Magistrate case number CEPM20120017264.
CONSIDERATIONS: As a result of code violations at 168 Coral Vine Drive, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Michael Ughi, in Code
Enforcement Case Number CEPM20120017264. The lien was recorded in the Official Public
Records on July 17, 2013, at O.R. Book 4944, Page 3742, and encumbers all real property owned
by Michael Ughi. The fine amount of $145,612.82 is based on accrued fines for the non-
compliance period of 582 days at $250 per day pertaining to a damaged garage door, broken
glass windows, broken and missing glass pieces on side doors, unsecured door and windows, and
an unmaintained pool. A Warranty Deed was recorded on March 11, 2013, conveying the
property to Mr. Ughi. The property was brought into compliance on September 5, 2013.
Pursuant to Resolution No. 2012 -46, when payment of the full lien amount would impose a
severe hardship on the property owner, accrued fines are considered for waiver as long as the
property owner has diligently pursued abatement and compliance has been achieved. The
property is in compliance and an amount of $562.82 has been paid. This represents $112.82 in
operational costs and $450 in fines. The current property owner is requesting a waiver of
$145,050 in combined accrued fines due to the fact that the fines would impose a severe
financial hardship as stated in the attached letter from Mr. Ughi.
FISCAL EWPACT: Payment of $562.82 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of $145,050 would be waived.
GROWTH MANAGEMENT EWPACT: 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 waive the fines in the amount of $145,050, accept
payment of $562.82 and release the lien, and also authorize the Chairwoman to sign the attached
lien release.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
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Attachments: (1) Lien release
(2) Hardship letter
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11/12/2013 16.A.6.
11/12/2013 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve the release of a code enforcement lien in
the amount of $145,612.82 for payment of $562.82, in the Code Enforcement Action entitled
Board of County Commissioners vs. Michael Ughi, Code Enforcement Case Number
CEPM20120017264, relating to property located at 168 Coral Vine Drive, Collier County, Florida.
Meeting Date: 11/12/2013
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
10/16/2013 9:53:13 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 10/18/2013 4:21:56 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 10/22/2013 3:44:07 PM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 10/22/2013 4:14:47 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/23/2013 7:34:33 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/23/2013 10:53:10 AM
n
Name: KlatzkowJeff
Title: County Attorney
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Date: 10/23/2013 2:22:53 PM
11/12/2013 16.A.6.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/30/2013 9:35:46 AM
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11/12/2013 16.A.6.
September 9, 2013
RE: Case No. CEPM20120017264
To Whom It May Concern:
I, Michael Ughi, am requesting to have fines waived and a lien lifted off of the property located
at 168 Coral Vine Drive, Naples, FL 34110.
Just LAST WEEK, when I went to The County, I was made aware of the fact that the property
was in violation on March ft, 2013, which was before I even closed on the property March 4tn,
2013.
This house was in extremely bad shape. I started working on it immediately. One of the first
things I fixed was the garage door, which was completed by the 14th of March. Within (10) days
of closing, I also cleared all broken glass off of the floors and fixed any doors & windows that
were unsecured.
Danny Condomina, Arthur Ford, and Steve Athey were several County Investigators I met with
at the property. Mr. Condomina was the initial Investigator that I met with. I showed him all of
the work that was done, and went over my plans of future work that needed to be done. He
assured me I was doing an excellent job. Even several neighbors commented on how nice the
house was looking.
Mr. Arthur Ford was the second Investigator to look at the property. He gave me the same
feedback as Mr. Condomina, commenting on what a great job I was doing, and what an eyesore
the house was before I started making improvements.
Mr. Steve Athey came to the property as well, and the same feedback was received yet again.
I still needed to repair and treat the swimming pool. This repair took a couple months to get
started, due to the fact it was such a costly repair. It needed to be resurfaced and upon
completion ended up costing me thousands of dollars. I was unaware that I was in violation of
this, or anything else at the time.
(1)
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11/12/2013 16.A.6.
The Investigators only commented on how great the house was looking, and at no time did any
of them mention anything about any codes, violations, or laws. I supplied all the Investigators
with my business card, and at no time did I receive a phone call, or any piece of mail advising
me I was in violation of anything. Had I known I was in violation or there was a problem of any
kind, surely I would have taken care of it immediately.
Any time an Investigator would leave their card taped to the front door, I would always call
them. The conversations were pleasant, and all the Investigators were kind and polite, assuring
me of what a great job I was doing.
I worked really hard on this house that was once an eyesore. I turned it into a beautiful and
appealing home, inside and out. New windows, a new garage door, a new resurfaced swimming
pool, new screening, fresh new paint, new shutters, new landscaping, and a resurfaced
driveway are just a handful of the improvements that were made to the house.
After putting months of hard work, time, energy, and money into this house, I was extremely
excited to finally contact my Realtor to list the property. I called my Realtor, Shawn Highland,
on Jul 26 2013, and asked him to list the roe
July property. rty. It was not until then, that I became aware
that a lien was placed on the property.
I then went down to the County to find out what was going on, and I was told that there was a
lien, and I would need to install shutters due to the fact that non - impact windows were
installed. The County told me that this would need to be completed, before I could move any
further.
Upon receiving my Certificate of Completion for the window and shutter installation (which was
the final repair), I was both shocked and disappointed to learn that now I was not only dealing
with a lien on the property, I was also in violation and being charged with costly fines.
I'm now being told that I have to wait until October for a hearing to get these issues taken care
of and resolved. Please understand the urgency in this matter. I cannot wait for an October
hearing. All of my money is tied up in this house, and I desperately need to get it listed and sold
as soon as possible, as I am currently behind on several bills, as well as my monthly rent.
(2)
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11/12/2013 16.A.6.
I've enclosed before and after pictures of the property, so you can see what a difference I've
made in this house. Also enclosed is the HUD Statement showing my closing date.
Anything that you can do to help me in this matter would be greatly appreciated. I look forward
to hearing from you and appreciate your time.
Respectfully,
Michael Ughi
cc: Collier County Code Enforcement Dept. — Special Magistrate, Brenda C. Garretson
ilianaburgos @colliergov.net
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11/12/2013 16.A.6.
(3)
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i-., This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2487
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Michael Ughi,
Respondent
11/12/2013 16.A.6.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on July 17, 2013, in Official Records Book 4944, Page 3742, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Fifty Eight Thousand, One Hundred and Twelve Dollars and Eighty Two Cents,
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 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:
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Georgia A. Hiller, Esq.,
Chairwoman