Agenda 10/09/2018 Item #16A1310/09/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $33,130.36 for
payment of $10,000 in the code enforcement actions entitled Board of County Commissioners v.
AT&T Wireless Services of FL, Code Enforcement Board Case No. CEPM20150012708 relating to
1173 Sun Century Road, 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 $33,130.36 for payment of $10,000 in relation to Code Enforcement Board
Case No. CEPM20150012708.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against AT&T Wireless Services of FL, (AT&T) in Case No. CEPM20150012708 for
a code violation at 1173 Sun Century Road, consisting of a garage with roof damage. The lien was
recorded in the Official Records on February 12, 2016, at O.R. Book 5241, Page 3220. The lien amount
of $33,130.36 is based on 329 days of accrued fines ($100 per day from January 5, 2016 through
November 28, 2016) $32,900 plus $230.36 in operational costs. The property was brought into
compliance on November 28, 2016.
Pursuant to Resolution No. 2012-46, fines accrued by an existing owner would be considered for a waiver
as long as the owner has diligently pursued abatement and compliance has been achieved. The violation
arose after the sale of a portion of the property owned by AT&T containing a tower. AT&T sold the
property, however, AT&T kept the remainder of the property containing an unused vacant operations
building with a garage. Although the Treasury at AT&T continued to pay real estate taxes on the
property (with the garage), AT&T’s local operations group thought AT&T had sold the entire lot.
Therefore, AT&T’s local operations group did not maintain or inspect the garage. In mid -July 2016,
AT&T became aware of the recorded Order regarding the garage. AT&T real estate immediately
informed the local operations team who inspected the property and conf irmed the code violation. AT&T
initially spent $14,980 for the property clean up and roof repairs. Additional costs of $3,890 were spent
for additional roof repairs. After inspection(s), it was determined that the garage required a complete roof
replacement. AT&T complied and spent an additional $7,400 on a new roof.
AT&T responded quickly upon actual knowledge of the Order. They spent $26,270 for the required
repair and cooperated with the inspector(s). The violations were unintentional and remedi ed upon
awareness. The property is being actively maintained and $10,000 has been paid in settlement of fines.
The owner is requesting a waiver of $23,130.36 in accrued fines, see attached hardship letter as required.
There are no known violations at this time. See attached request for reduction pursuant to the reduction
ordinance.
FISCAL IMPACT: Payment of $10,000 in settlement of fines has been made, representing $9,769.64 in
fines and $230.36 in operational costs. If approved by the Board, accrued fines in the amount of
$23,130.36 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
16.A.13
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10/09/2018
RECOMMENDATION: To waive the fines in the amount of $23,130.36, accept payment amount of
$10,000, 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. Request for Reduction (PDF)
3. Corrected - Release and Satisfaction - KN signed (PDF)
16.A.13
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10/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 6827
Item Summary: ***This item was continued from the September 25, 2018 BCC Meeting***
Recommendation to approve the release of a code enforcement lien with a value of $33,130.36 for
payment of $10,000 in the code enforcement action entitled Board of County Commissioners v. AT&T
Wireless Services of FL, Code Enforcement Board Case No. CEPM20150012708 relating to 1173 Sun
Century Road, Collier County, Florida.
Meeting Date: 10/09/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
09/25/2018 3:14 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
09/25/2018 3:14 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 09/25/2018 3:16 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/25/2018 3:25 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 09/25/2018 3:28 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 09/25/2018 3:34 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 09/25/2018 4:13 PM
Growth Management Department James C French Deputy Department Head Review Completed 09/25/2018 5:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2018 8:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2018 10:51 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/26/2018 11:15 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 11:08 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM
16.A.13
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16.A.13.a
Packet Pg. 352 Attachment: Lien Orders (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.a
Packet Pg. 353 Attachment: Lien Orders (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.a
Packet Pg. 354 Attachment: Lien Orders (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.a
Packet Pg. 355 Attachment: Lien Orders (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.b
Packet Pg. 356 Attachment: Request for Reduction (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.b
Packet Pg. 357 Attachment: Request for Reduction (6827 : AT&T Wireless Services of FL, Release of Lien)
16.A.13.c
Packet Pg. 358 Attachment: Corrected - Release and Satisfaction - KN signed (6827 : AT&T Wireless Services of FL, Release of Lien)