Agenda 10/09/2018 Item #16A 810/09/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $289,730.43 for
payment of $680.43 in the code enforcement actions entitled Board of County Commissioners v.
Irene Sylva Est and Rafael Rosas, Code Enforcement Board Case No. CESD20150002305 relating
to property located at 141 20th Avenue NE, 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 $289,730.43 for payment of $680.43 in relation to Code Enforcement Board
Case No. CESD20150002305.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Irene Sylva Est and Rafael Rosas, in Case No. CESD2 0150002305 for code
violations at 141 20th Avenue NE, consisting of several structures erected on the property without
obtaining Collier County building permits. The lien was recorded in the Official Records on August 18,
2015, at O.R. Book 5185, Page 2066. The lien amount of $289,730.43 is based on 1,158 days of accrued
fines ($250 per day from June 2, 2015 through August 2, 2018) $289,500 plus $230.43 in operational
costs. The property was brought into compliance on August 2, 2018.
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. Mrs. Irene Sylva passed away, leaving Mr. Rosas as the
only provider for their children, as well as losing income which caused the property to go into foreclosure
and he was unable to comply. The home was in foreclosure for a year. Since then, Mr. Rosas has
corrected the violations. The property is being actively maintained and $680.43 has been paid in
settlement of fines. The owner is requesting a waiver of $289,050 in accrued fines, see attached hardship
letter as required. There are no known violations at this time.
FISCAL IMPACT: Payment of $680.43 in settlement of fines has been made, representing $450 in
fines and $230.43 in operational costs. If approved by the Board, accrued fines in the amount of
$289,050, 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. - KN
RECOMMENDATION: To waive the fines in the amount of $289,050, accept payment amount of
$680.43, 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. Lien Orders (PDF)
2. Hardship ltr (PDF)
3. Corrected Release and Satisfaction - KN signed (PDF)
16.A.8
Packet Pg. 281
10/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 6527
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $289,730.43 for payment of $680.43 in the code enforcement actions entitled Board of County
Commissioners v. Irene Sylva Est and Rafael Rosas, Code Enforcement Board Case No.
CESD20150002305 relating to property located at 141 20th Avenue NE, Collier County, Florida.
Meeting Date: 10/09/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
08/24/2018 12:54 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/24/2018 12:54 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 08/24/2018 12:55 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/24/2018 1:41 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/28/2018 9:57 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/28/2018 2:57 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/30/2018 9:10 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 09/04/2018 4:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/05/2018 7:46 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/20/2018 1:34 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/24/2018 1:03 PM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 9:03 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM
16.A.8
Packet Pg. 282
16.A.8.a
Packet Pg. 283 Attachment: Lien Orders (6527 : Sylva and Rosas, Release of Lien)
16.A.8.a
Packet Pg. 284 Attachment: Lien Orders (6527 : Sylva and Rosas, Release of Lien)
16.A.8.a
Packet Pg. 285 Attachment: Lien Orders (6527 : Sylva and Rosas, Release of Lien)
16.A.8.a
Packet Pg. 286 Attachment: Lien Orders (6527 : Sylva and Rosas, Release of Lien)
16.A.8.b
Packet Pg. 287 Attachment: Hardship ltr (6527 : Sylva and Rosas, Release of Lien)
16.A.8.c
Packet Pg. 288 Attachment: Corrected Release and Satisfaction - KN signed (6527 : Sylva and Rosas, Release of Lien)