Agenda 04/09/2019 Item #16A604/09/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $394,130.86 for
payment of $2,080.86 in the code enforcement actions entitled Board of County Commissioners v.
Edelmiro and Bernadita Robles, Code Enforcement Board Case No. CESD20100009519 relating to
property located at 4015 16TH Ave SE, 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 $394,130.86 for payment of $2,080.86 in relation to Code Enforcement
Board Case No. CESD20100009519.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Edelmiro and Bernadita Robles, in Case No. CESD2010000 9519 for code
violations at 4015 16th Ave SE, consisting of expired Collier County building permit number 2007041510
for frame and additions on single-family 1-story modular home. The lien was recorded in the Official
Records on October 18, 2011 at O.R. Book 4728, Page 922. The lien amount of $394,130.86 is based on
2,627 days of accrued fines ($150 per day from August 28, 2011 through November 5, 2018) $394,050
plus $80.86 in operational costs.
The property was acquired by Min-Ju Kim, via Quit Claim Deed recorded on June 2, 2015. The property
was brought into compliance on November 5, 2018. Pursuant to Resolution No. 2012-46, a request for
waiver of fines may be considered when a code enforcement lien encumbers property that is under new
ownership, compliance has been achieved, and payment would cause a severe hardship on the new owner.
Min-Ju Kim took title to this property and was unaware of the uncorrected code violations. It took
substantial amounts of time and money with extensive follow up, permit fees, and inspections to come
into compliance. The property is actively maintained, and the owner has paid $2,080.86 in settlement of
fines. The owner is requesting a waiver of $392,050.00 in accrued fines, see attached hardship letter as
required. There are currently no known violations.
FISCAL IMPACT: Payment of $2080.86 in settlement of fines has been made, representing $2,000 in
fines and $80.86 in operational costs. If approved by the Board, accrued fines in the amount of
$392,050.00 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 $392,050.00 accept payment amount of
$2080.86 release the lien and authorize the Chairman to sign the attached release an d satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Lien Orders - Robles (PDF)
2. Hardship Letter - Robles (PDF)
16.A.6
Packet Pg. 699
04/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 8247
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $394,130.86 for payment of $2,080.86 in the code enforcement actions entitled Board of County
Commissioners v. Edelmiro and Bernadita Robles, Code Enforcement Board Case No.
CESD20100009519 relating to property located at 4015 16TH Ave SE, Collier County, Florida.
Meeting Date: 04/09/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
03/04/2019 2:42 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
03/04/2019 2:42 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 03/04/2019 3:23 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 03/04/2019 4:14 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/06/2019 11:06 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/11/2019 9:21 AM
Growth Management Department James C French Deputy Department Head Review Completed 03/14/2019 7:16 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 03/29/2019 3:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/29/2019 3:56 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/29/2019 4:31 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/01/2019 11:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/02/2019 9:15 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
16.A.6
Packet Pg. 700
'INSTR 46L7O6L oR 4728 PG 922 RECoRDED LO/L8/2OL1, l-0:12 AM pAGEs 2
DWIGHT E, BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORIDA
REc $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
EDELMIRO AND BERNADITA ROBLES,
Respondents
CASE NO.: CESD2O 10000951 9
THIS CAUSE came on for public 20 I l, after due notice to
Respondents at which time the Board and issued its Findings of Fact
and Conclusions oflaw and thereupon vriting on August 2,2011
and furnished to Respondents and was Florida at OR 4708, PG
1569, et. seq. on August 5, 201 l.
An Affidavit of N,Oflicial on
August 30, 201l, which Affidavit
ordered.
has not been taken as
Accordingly,have not complied with the
Order dated August 2,
ORDERED, thatthe Collier County fines in the
amount of $3,900 (Order ltem I and 2)September 22, 2011 (26 days) at
$ 1 50 per day plus $80.86 operational costs for a total of $3,980.86.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to
Section I62.09 Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution ofthe Order appealed. An appeal shall not be a hearing de novo,but shall be limited tb appellaie
review of the record created within. Filing an Appeal shall not stay the Board's order.
This order may be recorded and shall, pursuant to Section l62,09,Florida Statutes, constitute a lien'
against the property as described and,/or any olher real or personal property owned by Respondents.
DONE AND ORDERED trris 7O{hay of&€!,- 201l at coilier county, Florida .
CODE ENFORCEMENT BOARD
COLLIERCOUNTY,
Kenneth
2800 North Horseshoe Drive
Naples, Florida 34104
oral Order which was
under oath,
to the Board's
of August
and Bemadita
BY
16.A.6.a
Packet Pg. 701 Attachment: Lien Orders - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)
' *** oR 4728 PG 923 ***
STATE OF FLORIDA )
couNTY or aorrrr*r"t'
The foregoing instrument was acknowledged before rc tt irlSay of SrzpJ- ' ,201I, by
Kenneth Kelly, c[air6f the code Enforcement Board of Collier courfr, Floriaa, *-f,6T] personuily
Driver's License as identification.
NOTARYPUBLIC
My commision expires:_
TE OF SERVICE
I HEREBY CERTIFY fiat a true and correct of this ORDER has
Edelmiro and Bernadita
C)Cr- . ,2otr.
Robles, 144 Royal Palm Island,
';t1: C,l iU,;r{lUA
)ounry cf COLLIL,R
I HERE
:ot'rcet
3oarC
been sent bv U. S. Mail
FL 34l45itir 9\^
to
day of
ll
Enforcement Board
Ste. 208
h a r,nua ond
County
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="ffi
I(hISTIt'IE IWENTE
tlotary Public'Sl.te ot Florldt
My Gomm. ErPltGs Jun t8.2015
Commisrlon I EE 81212
Eodcd ll.tiofld
ijyr
16.A.6.a
Packet Pg. 702 Attachment: Lien Orders - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)
rNSTR 4593908 OR 4708 PG ].569 RECORDED 8/5/2OLI 3:04 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREc $18. 50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COI.'NTY COMMISSIONERS,
COLLIER COI.JNTY, FLORIDA,
Petitioner,
vs.
EDELMIRO AND BERNADITA ROBLES,
Respondents
CASE NO.: CESD2O1000095 l9
THIS CAUSE came on for public Board, having heard
testimony under oath, received thereupon issues its
Findings ofFact, Conclusions of
l. That Edelmiro and
2 That the Code and that the
Respondents, having been duly
3. That the Respondents were and by posting.
4. That the real property located at 40 Folio 41048360004
more particularly described as West 75' of the Golden Gate Estates, Unit 83, according to
the Plat thereofi, as recorded in Plat Book 5, Page 22, ofthe Public Records of Collier County, Florida is in
violation of Florida Building Code,2007 Edition, Chapter l,Section 105.4.I in the following particulars:
Expired Permit Number 2007041510 for a framed S/F l-story modular home.
ORDEROFTHEBOARD
- Based upon the foregoing Findings ofFact and Conclusions oflaw and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 0441, it is hereby ORDERELi: -
That the violations of Florida Building Code, 2007 Edition, Chapter I , Section 105.4. I be corrected in thefollowing manner:
I ' By applying for and obtaining a Collier County Building permit or Demolition permit throughrequired inspection and certificare of completion/occupancy within 3i days (August 27,zoll).2' That if the Respondents do not compty with piragraph I of tire bralr ortr,L nouro uy August 27,20 I I , then there will be a fine of s l 50 per day for iach oiy un-til ihe uioruiion ls abated.3' That the Respondents are to notiff code Enfoicement officiats tnaittre viotation has been abated within24 hours ofabatement and request the Investigator to come out and perform a final inspection to confirm theabatement.
to appear at the
date ofhearing by
are
has
16.A.6.a
Packet Pg. 703 Attachment: Lien Orders - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)
4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the
assistance of the Collier County SherifPs Office to enforce the provisions of this order and all costs of abatenient
shall be assessed to the property owner.5. Thatthe Respondents are ordered to pay all operational costs incurred in the prosecution ofthis
Case in the amount of $80.86 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution ofthe order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellaie
review of the record created within. Filing an Appeal shall not stay the Board's order.
Florida.
DONE AND ORDERED tt is SJDaay rf O.tq6-. 201I at Collier County, .
CODE ENFORCEMENT BOARD
COLLIERCOI.JNTY FLORIDA
Drive
STATEOFFLORIDA I
couNTY oa "orrrr*1)tt'
The foregoing instrument was
who is
or as identification.
I HEREBY CERTIFY
Ed9$iro and Bernadita Robles,
-ta1i'zott'
that a true and correct copy of this ORDER has been sent by U. S. Mail to
144 Royal Palm Drive, Ste.218, Marco Island, FL 34145 this-a-tay of
M. Jean Esq.
Florida No. 75031 I
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail, Ste.208
Naples, Florida 34103
Q39)263-8206
'. r.. - -i illUir
iounry of COLLIL,H
' H ERET.'tt l3 a truS rnd
Coun0
Naples,
2800
PUBLIC
Joard
D"oJ.Sn
*** oR 4709 PG 1570 ***
201l,
16.A.6.a
Packet Pg. 704 Attachment: Lien Orders - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)
Bu
From:
Sent:
lo:
rana
MIN-JU KIM < minjugreen@gmail.com>
Tuesday, November 27, 20181:20 PM
Burgoslliana
Fwd:Subject:
Forwarded message
From: MIN-JU KIM <minjugreen@grnail.com>
Date: Tue, Nov 27, 2018,1l:59
Subject:
To : <Iliana.Burgos@colliercountyfl . gov>
Dear committee members:
It is with great concern that I present my case to you today. On May 12,2015, I purchased a parcel of land in
Collier County, via the internet, to build a house after retiring my job. This was ONLY listed as a "vacant land
sale". It was not mention about unfinished house or penalties, not at all. I was most bewildered when I came to
view it the following December, only to discover an abandoned house that was in grave disrepair. Bears had
taken over the basement, and the structure itself was hidden from view, due to overgrowth and gross neglect.
Vine trees were reached up to the roof. I spent more than 10,000 dollars to remove the trees including Brazilian
pepper trees. Also full of garbages around the house, cause by the bears they were looking for foods from
neighbor's garbage bins. By the way, I picked up the all garbages all by my self.
That same month, I visited the growth management office, found all these problems, and was advised by your
team that I had two options: demolition or rebuilding. It was very hard to make a decision at that time, because I
work full-time in miami as an emergency nurse, I have never been lived in naples and do not know anyone in
naples, I do not have any family members here, and I did not have enough budget. With all these obscles, I
decided to rebuild. Your team(very helpful) advised to me at that time that I need to hire a contractor, finish the
building, finish the right of way, and bring a letter about the circumstances.
As often happens to native new homeowners, I hired an incompetent contractor, who did not follow through
with our contact, keep demanding extra money, he had to leave the work many months because he developed
near coma due to high blood sugar and high blood pressure, and need to be hospitalized until stabilization, and
following next f'ew months later, the contractor had to visit his home(over the sea) longtime because his young
daughter died from motor vehicles accident, I had to wait until he retumed to the work. Also one of worker took
2750 dollars for material but never returned money or materials. These are one of reasons to delayed the work. I
have been through very hard time with workers. I traveled from miami to the county numerous times and sit
down with many to learn how to solve the problems. Remember! I am a only nurse and never build the house
before. Honestly, without the help of your team, I couldn't finish the building. I received the full of
encouragement by the county.
In order to finance the work, I took out a home equity loan, dipped into my retirement savings, charged
materials on my credit cards, worked overtime, and borrowed from my family.
With all difficult situations, I am able to pass all inspections including the right of the way.
1
16.A.6.b
Packet Pg. 705 Attachment: Hardship Letter - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)
I spend approximately 170,000 dollars including the land.
The living area of the house is little more than 1000 sqf, it is a small modular house.
The market value of the house may be 175,000.
I heard that the penalties is more than 300,000 including what I heritaged from previous owner.
I do not have experience in this field and bought a land under the false pretenses. I humbly request, please
please waive my all penalties, so that I may begin to clear the loans incurred during the restoration process.
Should you wish to meet with me in person, or speak to me directly by telephone, I am most happy to make
myself available, at your convenience, for any further conversations necessary to your decision making process
Respectfully yours,
Min-Ju Kim,
Phone:(305)318-4866
4015 16th ave se naples 34117
2
16.A.6.b
Packet Pg. 706 Attachment: Hardship Letter - Robles (8247 : Board of County Commissioners v. Edelmiro and Bernadita Robles)