Agenda 05/08/2018 Item #16A1705/08/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $83,212.20 for
payment of $750 in the code enforcement actions entitled Board of County Commissioners v.
Conexar Group, LLC, Code Enforcement Board Case No. CELU20110015511 relating to property
located at 5148 24th Ave SW, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $83,212.20 for payment of $750 in relation to Code Enforcement Board
Case No. CELU20110015511.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Conexar Group, LLC, in Case No. CELU20110015511 for a code violation at
5148 24th Ave SW, consisting of dumped fill/dirt on vacant lot. The lien was recorded in the Official
Records on June 13, 2012, at O.R. Book 4806, Page 3226. The lien amount of $83,212.20 is based on
831 days of accrued fines ($100 per day from May 7, 2012 through August 15, 2014) $83,100 plus
$112.20 in operational costs. The property was brought into compliance on August 15, 2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. Mr. Romano (owner of Conexar Group, LLC) was out of
the country at the time of the violations and was not receiving notifications mailed to the property. Upon
his return to Naples and seeking to sell the property, the lot mowing liens were discovered. Conexar
Group, LLC, has recently paid the outstanding balance of lot mowing fines in the amount of $19,000.70.
The property is being actively maintained and $750 has been paid in settlement of fines for case
CELU20110015511. The outstanding lien could potentially cause the property to go into foreclosure.
The owner is requesting a waiver of $82,462.20 in accrued fines, see attached hardship letter as required.
There are no known violations at this time. The property is under contract with Habitat for Humanity.
FISCAL IMPACT: Payment of $750 in settlement of fines has been made, representing $637.80 in
fines and $112.20 in operational costs. If approved by the Board, accrued fines in the amount of
$82,462.20, would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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. - KLN
RECOMMENDATION: To waive the fines in the amount of $82,462.20, accept payment amount of
$750, 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: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Release and Satisfaction - KLN signed(1) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
16.A.17
Packet Pg. 652
05/08/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 5283
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $83,212.20 for payment of $750 in the code enforcement actions entitled Board of County
Commissioners v. Conexar Group, LLC, Code Enforcement Board Case No. CELU20110015511 relating
to property located at 5148 24th Ave SW, Collier County, Florida.
Meeting Date: 05/08/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
04/03/2018 10:17 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
04/03/2018 10:17 AM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 04/03/2018 10:19 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 04/03/2018 10:27 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/05/2018 4:22 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/06/2018 10:52 AM
Growth Management Department James French Deputy Department Head Review Completed 04/10/2018 11:26 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 04/10/2018 2:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 8:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/19/2018 1:59 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/20/2018 10:17 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2018 8:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM
16.A.17
Packet Pg. 653
16.A.17.a
Packet Pg. 654 Attachment: Release and Satisfaction - KLN signed(1) (5283 : Conexar Group, LLC, Release of Lien)
rNsTR 4705513 oR 4806 PG 1226 RECoRDED 6/13/20a2 8:43 Atl PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURI, COLLIER COUNTY FLORIDA
REC $18.50
COI,I,IER COUNTY CODE ENFORCEMENT
SPECIAIL ]\IAGISTRATE
vs,
Case No. {ELU20ll00155l I
BOARD OF COUNTY COM]\IISSIONERS
COLLIER COUNTY, I.'LORIDA,
Petitioner,
CONEXAR GROUP LLC,
Respondeot.
THIS CAUSE came be
Motion for lmposilion ofFines/Li
respective to all appropriate
Magistrate, as follows:
l. On Aplil 6,2012, Respondant
Development Code 0441, as
which violatioo occurrcd o! the prop€rty I
llier County I-and
filUdirt dumped on a vacant lot,
4'n Avenuc SW, Naples, FL Folio
ER CO Ll
l\tA
2
C
upon the Pelitioner's
having hcard argument
Order of the Special
J
1,,
#36315680008 (Lcgal Description: OOLDEN GATE LINIT 6 BLK 199 LOT 3)
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on orbefore May 6, 2012, or a finc of $r00.00 per day would te asiessed for cach day rhe violations
-
conrinue thcreafler untir abatement is confirmed. (A copy ofthe order is recoried at oR 4?g9,Pc 1680).
3, operational costs of$l12.20 incurred by the county in rhe prosecution ofthis case werc ordsrcdto be paid.
4 Respondent, having beco duly noticed for the pubric hearing regarding the county's Motion, didnot appear at the public hearing, and no legat defense to the Mo-tion was prescnted.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
6. Thc violation has not been abatcd as ofthe date ofthe hearing.
ORDER
pecr agl
AC T
16.A.17.b
Packet Pg. 655 Attachment: Lien Order (5283 : Conexar Group, LLC, Release of Lien)
**r oR 4806 Pc 3227 ***
DONE AND ORDERED this
cc:
Bascd upon the foregoing Findings ofFact, and pursuant lo thc authority granted in Chapter 162,
Florida Statutes, and Collicr County Ordinance No. 20l044, it is hereby ORDERED:
A. Petitioner's Motion for Imposition ofFines/Liens is granted.
B. Daily fincs of $ I00.00 pcr day arc ass€ssed against Rcspondent for 26 days for the pcriod fiom
May 7, 2012 to Jure l, 2012, for a total amount of tiDes of $2,600.00.
C. Respondent shall pay the previously assessed opentional costs of$l12.20.
D. Respondent is ordered to pay fincs and costs in rhe total amount of$2.2r2.20 or be subject to
Notice ofAssessment of Lien againsl all prop€rties owned by Resp6idl-nt in couier county,
Florida.
E. The daily fine of$100.00 shall conlinue to accrue until abatement has been confirmcd by a Collier
County Code Enforcement Investig alo!CR CO L
2 a,t ier\Co uDg, Florida.
E NT'ORCEMENT
qA ON
S.hrz O: t L, ;klDA
;ounry ot coLlltfi
u .i.s
Respondent {onexar Group LLC
Collier Co. Code Enforcemenl Dept.
IAYMETNT OI FINESi Any fines ordered to be paid pursuant to this ordcr may be paid at thecollier county code Enforcement Depa(ment, 28oo Norrh Horseshoe Drive, Naples, rI- lqlol, fax r(219) 252-2343. Any releasc of Iien or confirmation of compliance or confirmation of the satisfaciion of
the obligations ofthis order may also be obtained at this location.
eP,ln4l: Any aggrieved pany may appeal a final order ofthe Special Magistrate lo the circuit courtwithitr thirty (30) days ofthe execution of th€ order appeated. An appeal shall not be aheantg de iivo,but shall be limired to appellatc revicw of rhe record created wiihin the original hearing. It is thercsponsibility of the appealing party to oblain a transcribed rccord of the hJring from i-he clerk ofCourts. Filing an Appeal will nor aulomatically stay the Special Magistrate's Ordcr,
I HEREBY CERTIFY IHAI I . k1x ar!
':orrtcl copy flc m
oot f,lD
tlb3oaftl
ota
16.A.17.b
Packet Pg. 656 Attachment: Lien Order (5283 : Conexar Group, LLC, Release of Lien)
INSTR 4684699 OR 4789 PG 1680 RECORDED 4/24/2012 12:57 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc t18.50
COI-LIER COUNTY CODE ENFO RCEl\TENT
SPECIAL I\TAGISTRATE
Casc No. -CELU20l l00l55l I
BOARD OF COUNTY COiITNIISSIONERS
COLLIER COT'NTY, FLORIDA,
Petitioncr,
CONEXAR CROUP LLC,
Respondcnt.
o
THIS CAUSE came o for c a
Special lvlar:istrate, having rdt
to all appropriatc mallcrs, hc
follol's:
ct
strate on April 6,2012, and the
and heard argument respective
o fthe Special Magistrale, as
a
+FIND OF
t.Respondenl, Conexar G
2. Rcspondcnt $,as notified ofthe d
lhe o$ner oft bjt)C
a ficd mail and posring and the Special
Magislrate has jurisdiction of lhis mal(er.
3. Respondent, having been duty notified, did not appear at the hearing.
4. The real property locared at 5 r 48 246 Avenue SW, Napres, Frorida, Fotio #363156g000g (Legal
Description: GOLDEN GATE UNIT 6 BLK 199 Lor 3), is in'iorarion of colrier counry Lalnd
De\€lopment Code 04{ I , as amended, Seclion I .04.01(A), in the follorving particulars:
Dumped FilUdirt on vacant lot.
5. The violation has nol been abated as ofthe date ofthe public hearing.
ORDI]R
PECIALE ST
o L,)
Based upon the foregoing Findings of Fact and Conclusions of larv, and pursuant to the authoritygranted in chapter 162, Florida sratutes, and collier County ordinancc No. 2010-04, it is herebyORDERED:
vs,
propefly.I
16.A.17.b
Packet Pg. 657 Attachment: Lien Order (5283 : Conexar Group, LLC, Release of Lien)
*r* oR 4789 PG 1681 i**
B.
Rcspondent is found guilty of violation ol'Collier Counly Land Development Codc 04-41, as
amended, Section 1.04.01(A).
Respondent must abate lhe violation by oblaining any required Collier County approval and/or
pcrmits, inspcctions, and Cenificate ofCompletion or rcmoYe the fill and restore the propeny
back to its original permitted condilion on or beforc I\Iay 6, 2012 or a fine of $100.00 pcr day
s'ill bc intposcd for each day the violation remains thereafter.
lfRespondent fails to comply u ith lhis Order, the Collicr County Code Enforcement Department
may abate the violation using an),method to bring the violalion inlo compliance. Ifnecessary, the
Counh' ma1, request the sen'ices oflhe Collier Countl, Sheriffs Office for the purpose of
accessing the propeny for abatemcnl. All costs ofabarement shall be assessed against rhe
propeny.
Respondent is ordcrcd to pa1'opcrational cosls for the prosecution ofthis case in the amount of
Sl12.20 on or beforc l\lay 6, 20t2.
E. Respondent shall notify lhe Cod tor, Jonathan Musse, rvithin 24 houn of
orTn ed lo confirm compliancc.
DONE AND ORDERED this 2 2^c ollier Countl, Florida.
D
I
DE ENFORCE}TENT
IS TEa
\t.
'1
\
N(
BAYI\IENT OF FINES: Any fines ordcred to bc paid pursuant to rhis order may be paid at the
Collicr County Code Inforcemenr Deparrmenr, 2800 North Horseshoe Dri'e, Naples, FL 34104, fax #
(239) 252-2343. Any release of Iien or confirmation of compliance or confirmation of the salisfaction of
thc obJigations ofthis order may also be obtained ar this locarion.
APPEAL: Any aggricycd party may appeal a final order ofthe Special Magistrdre to rhe circuit court
n'ithin thirly (30) days ofthe execution ofthe order appealed. An appeal shall not be a hearing i/c no'o,
but shall be limited ro appellate re'iAv ofrhe record created $,ithin the original hearing. Il is the
responsibility ofthe appealing party to obrain a transcribed record ofrhe hearing from the clerk of
Couns. FilinganAppeal rvill not auromaticalh, sla1. the Special Magistrale's Order.
cc Respondent(s) - Conexar Group LLC,
Collier Co. Code Enforcement Dept.
, tar,, O) t L';t{larA
)ounry ol COLUTR
e(('F)
r.a
abatement or compliance so
I HEREBY CERTIFI
:orrgct cooy 0t a
Soard Minut8 rnd
,tT-irEss mv
-13(.rnt ot
C.
Ef,OC'C
L.
16.A.17.b
Packet Pg. 658 Attachment: Lien Order (5283 : Conexar Group, LLC, Release of Lien)
16.A.17.c
Packet Pg. 659 Attachment: Hardship ltr (5283 : Conexar Group, LLC, Release of Lien)
16.A.17.c
Packet Pg. 660 Attachment: Hardship ltr (5283 : Conexar Group, LLC, Release of Lien)
16.A.17.c
Packet Pg. 661 Attachment: Hardship ltr (5283 : Conexar Group, LLC, Release of Lien)