Agenda 07/10/2018 Item #16A2007/10/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $174,864.88 for
payment of $564 in the code enforcement actions entitled Board of County Commissioners v. Juan
Gutierrez, Code Enforcement Board Case No. CEPM20150003340 relating to property located at
10361 Laredo Street, 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 $174,864.88 for payment of $564 in relation to Code Enforcement Board
Case No. CEPM20150003340.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Juan Gutierrez, in Case No. CEPM20150003340 for a code violation at 10361
Laredo Street, consisting of parts of the roof and soffit are missing and/or falling away from the home.
The lien was recorded in the Official Records on November 24, 2015, at O.R. Book 5217, Page 247. The
lien amount of $174,864.88 is based on 699 days of accrued fines ($250 per day from August 22, 2015
through July 20, 2017) $174,750 plus $114.88 in operational costs. The property was brought into
compliance on July 20, 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. Mr. Gutierrez died on June 3, 2015, he was Mrs.
Gutierrez’s primary caregiver. Prior to his death, he did obtain a demo permit and the structure was
demolished. There was a Public Guardian appointed for his wife on August 22, 2017, as she is totally
incapacitated and financially indigent. In March of 2018, the Guardian became aware of the real property
in Mr. Gutierrez’s name (Mrs. Gutierrez was a beneficiary of the Estate.) On behalf of the Estate of Juan
Gutierrez and Guardianship of Patricia Gutierrez, a contract for sale was entered into with respect to the
subject property. While under contract, the title company discovered the fines. If the fines and liens are
disposed of she will inherit sufficient funds to take her out of Public Guardianship and off of State
assistance. The property is being actively maintained and $564 has been paid in settlement of fines for
case CEPM20150003340. The outstanding lien could potentially cause the property to go into
foreclosure. The owner is requesting a waiver of $174,300.88 in accrued fines, see attached hardship
letter as required. There are no known violations at this time.
FISCAL IMPACT: Payment of $564 in settlement of fines has been made, representing $449.12 in
fines and $114.88 in operational costs. If approved by the Board, accrued fines in the amount of
$174,300.88, 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. -JAK
RECOMMENDATION: To waive the fines in the amount of $174,300.88, accept payment amount of
$564, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
16.A.20
Packet Pg. 779
07/10/2018
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Executed Release and Satisfaction of Lien (PDF)
2. Lien Orders (PDF)
3. Hardship ltr (PDF)
16.A.20
Packet Pg. 780
07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 5883
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $174,864.88 for payment of $564 in the code enforcement actions entitled Board of County
Commissioners v. Juan Gutierrez, Code Enforcement Board Case No. CEPM20150003340 relating to
property located at 10361 Laredo Street, Collier County, Florida.
Meeting Date: 07/10/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
06/05/2018 1:57 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
06/05/2018 1:57 PM
Approved By:
Review:
Code Enforcement Nancy CardinaleLower Additional Reviewer Skipped 06/05/2018 1:56 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 06/05/2018 2:16 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/06/2018 1:39 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/07/2018 8:40 AM
Growth Management Department James C French Deputy Department Head Review Completed 06/08/2018 9:30 AM
County Attorney's Office MaryJo Brock Level 2 Attorney Review Skipped 07/02/2018 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 10:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/02/2018 11:22 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/02/2018 12:18 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 12:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.A.20
Packet Pg. 781
16.A.20.a
Packet Pg. 782 Attachment: Executed Release and Satisfaction of Lien (5883 : Gutierrez, Release of Lien)
16.A.20.b
Packet Pg. 783 Attachment: Lien Orders (5883 : Gutierrez, Release of Lien)
16.A.20.b
Packet Pg. 784 Attachment: Lien Orders (5883 : Gutierrez, Release of Lien)
16.A.20.b
Packet Pg. 785 Attachment: Lien Orders (5883 : Gutierrez, Release of Lien)
16.A.20.b
Packet Pg. 786 Attachment: Lien Orders (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 787 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 788 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 789 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 790 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 791 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 792 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)
16.A.20.c
Packet Pg. 793 Attachment: Hardship ltr (5883 : Gutierrez, Release of Lien)