Agenda 06/12/2018 Item #16A2006/12/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $124,827.11 for
payment of $944.34 in the code enforcement actions entitled Board of County Commissioners v.
4463 East Trail, LLC, Code Enforcement Board Case No. CENA20140006693 relating to property
Folio #00393920004, 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 $124,827.11 for payment of $944.34 in relation to Code Enforcement Board
Case No. CENA20140006693.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against 4463 East Trail, LLC, in Case No. CENA20140006693 for a code violation at
Folio #00393920004, consisting of Collier County prohibited exotic vegetation located upon an
unimproved property within a 200-foot radius of an improved property. The lien was recorded in the
Official Records on September 23, 2014, at O.R. Book 5078, Page 3446. The lien amount of $124,827.11
is based on 1,247 days of accrued fines ($100 per day from July 21, 2014 through December 18, 2017)
$124,700 plus $127.11 in operational costs. The property was abated on December 18, 2017.
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. 4463 East Trail, LLC, was contacted by Collier County
Real Property Management to request a utility access easement on the referenced property. This brought
the violation to the owner’s attention, since their address of record had changed and was not updated with
the Collier County Property Appraiser. Immediately they began the process of resolving the violations
and incurred approximately $85,000 in direct costs to engineers, landscape contractors, in order to be
compliant. The property is being actively maintained and $944.34 has been paid in settlement of fines.
The outstanding lien could potentially cause the property to go into foreclosure. The owner is requesting
a waiver of $123,882.77 in accrued fines, see attached hardship letter as required. There are no known
violations at this time.
FISCAL IMPACT: Payment of $944.34 in settlement of fines has been made, representing $832.14 in
fines and $112.20 in operational costs. If approved by the Board, accrued fines in the amount of
$123,882.77 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 $123,882.77, accept payment amount of
$944.34, 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
16.A.20
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06/12/2018
ATTACHMENT(S)
1. Hardship ltr (PDF)
2. Lien (PDF)
3. Release and Satisfaction - KN signed (PDF)
16.A.20
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06/12/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 5435
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $124,827.11 for payment of $944.34 in the code enforcement actions entitled Board of County
Commissioners v. 4463 East Trail, LLC, Code Enforcement Board Case No. CENA20140006693 relating
to property Folio #00393920004, Collier County, Florida.
Meeting Date: 06/12/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
04/23/2018 3:02 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
04/23/2018 3:02 PM
Approved By:
Review:
Public Utilities Planning and Project Management John Eick Additional Reviewer Completed 04/23/2018 3:05 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 04/23/2018 3:05 PM
Facilities Management Toni Mott Additional Reviewer Completed 04/23/2018 3:06 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 04/24/2018 8:56 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 04/27/2018 11:56 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/02/2018 11:42 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/02/2018 12:00 PM
Growth Management Department James French Deputy Department Head Review Completed 05/04/2018 11:07 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/04/2018 3:28 PM
County Attorney's Office Kevin Noell Additional Reviewer Completed 05/07/2018 9:19 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/07/2018 3:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/09/2018 8:28 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/17/2018 1:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/03/2018 6:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
16.A.20
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16.A.20.a
Packet Pg. 883 Attachment: Hardship ltr (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.a
Packet Pg. 884 Attachment: Hardship ltr (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.b
Packet Pg. 885 Attachment: Lien (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.b
Packet Pg. 886 Attachment: Lien (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.b
Packet Pg. 887 Attachment: Lien (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.b
Packet Pg. 888 Attachment: Lien (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.b
Packet Pg. 889 Attachment: Lien (5435 : 4463 East Trail, LLC Release of Lien)
16.A.20.c
Packet Pg. 890 Attachment: Release and Satisfaction - KN signed (5435 : 4463 East Trail, LLC Release of Lien)