Agenda 04/09/2019 Item #16A704/09/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a value of
$338,616.50 for payment of $3,000 in the code enforcement actions entitled Board of County
Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep, Code Enforcement Special
Magistrate Case No. CEPM2014024204 and Case No. CEAU20160016271 relating to property
located at 5310 Sholtz St, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release two (2) code
enforcement liens with an accrued value of $338,616.50 for payment of $3,000 in relation to Code
Enforcement Board Case No. CEPM2014024204 and Case No. CEAU20160016271.
CONSIDERATIONS: As a result of various code violations, the Code Enforcement Special Magistrate
ordered the imposition of two (2) liens against Richard L. Gossard, Jr. and Evonne M. Estep.
Case No. CEPM2014024204 for code violations at 5310 Sholtz St, consisting of an unsecured resident
structure and boarding without first obtaining a Collier County Boarding Certificate. The lien was
recorded in the Official Records on July 15, 2015, at O.R. Book 5174, Page 3477. The current lien
amount of $302,486.37 is based on 1,421 days of accrued fines ($250 per day from February 4, 2015
through January 4, 2019) $355,250 plus $1,740.20 in operational costs and $54,503.83 subtracted from
the total, due to proceeds received through the tax sale of the property. The property was brought into
compliance on January 4, 2019.
Case No. CEAU20160016271 for code violations at 5310 Sholtz St, consisting of expired Permit No.
2001011690 for a chain link fence without obtaining required inspections and a Certificate of
Completion. The lien was recorded in the Official Records on March 6, 2017, at O.R. Book 5368, Page
3223. The lien amount of $36,130.13 is based on 718 days of accrued fines ($50 per day from January 3,
2017 through December 21, 2018) $35,900, plus $230.13 in operational costs. The property was brought
into compliance on December 21, 2018.
The property was acquired by Home & Land Portfolio, LLC, via Tax Deed Sale recorded on December
12, 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 with fines that accrued prior to
transfer of title. Homes & Land Portfolio, LLC, took title to this property with uncorrected code
violations. In addition, the owner has paid $3,000 in settlement of fines. The property is being actively
maintained and as stated, $54,503.83 has been received through proceeds from the Tax Deed Sale,
bringing current lien amount to $335,616.50. Therefore, the owner is requesting the remaining
$335,616.50 in accrued fines be waived. There are currently no known violations.
FISCAL IMPACT: Payment of $3,000 in settlement of fines has been received and $54,503.83 through
Tax Deed Sale has been received. If approved by the Board, accrued fines in the amount of $335,616.50
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.7
Packet Pg. 707
04/09/2019
RECOMMENDATION: To waive the fines in the amount of $338,616.50 accept payment amount of
$3,000 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)
16.A.7
Packet Pg. 708
04/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 8321
Item Summary: Recommendation to approve the release of two (2) code enforcement liens with a
value of $338,616.50 for payment of $3,000 in the code enforcement actions entitled Board of County
Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep, Code Enforcement Special Magistrate
Case No. CEPM2014024204 and Case No. CEAU20160016271 relating to property located at 5310
Sholtz St, Collier County, Florida.
Meeting Date: 04/09/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
03/14/2019 3:56 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
03/14/2019 3:56 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 03/14/2019 4:21 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/15/2019 9:01 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 03/15/2019 4:45 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/19/2019 3:23 PM
Growth Management Department James C French Deputy Department Head Review Completed 03/19/2019 5:02 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 04/01/2019 12:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2019 12:39 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/01/2019 1:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/02/2019 9:01 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/02/2019 10:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
16.A.7
Packet Pg. 709
rNSTR 5149024 oR 5174 PG 3477 RECoRDED 7/15/2015 4:03 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18. 50
vs.
COLLIER COUNTY CODE ENTORCEMENT
SPECIAL MAGISTRATE
Case No. -C8PM20140024204
BOARD OT' COIJNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
RICTIARD L. GOSSARD JRAIYD
EVONNE M. ESTEP,
Respondents.
THIS CAUSE came upon the Petitioner's
Motion for lnposition of , having heard argument
respective to all appropriate
Magistrate, as follorvs:
and Order of the Special
l. On February 6,2015,of Collier County Code of Laws
and Ordinances, Chapter 22,22-241(l) for an unsecured
residential structure and boarding without Collier County boarding certificate, which
violation occurred on the property located at 5310 Sholtz Street, Naples, FL, Folio #62156880002
(Legal Description: NAPLES MANOR ANNEX BLK I I LoT 3 & Et/zoF LoT z oR 1094 pG
l 669).
2.An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 13,2015, or a fine of$250.00 per day rvould be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
oR 5126, PG 1085).
4
3
5
Operational costs of $ 1 I 5.25 incurred by the County in the prosecution of th is case were orderecl
to be paid.
No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended, has been
timely filed.
Respondent, having been duly noticed for the public hearing regarding the County's Motion, clid
not appear at the public hearing, and no legal defense to the Motion was presented.
6. The violation has not been abated as ofthe date ofthe hearing
16.A.7.a
Packet Pg. 710 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
*** oR 5174 PG 3478 ***
ORDER
Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
Petitioner's Motion for Imposition of Fines/Liens is granted.
Daily fines of$250.00 per day are assessed against Respondent for I 12 days for the period from
February 14,2015 to June 5, 2015, for a total amount offines of$28,000.00.
Respondent shall pay the previously assessed operational costs in the amount of$l I 5.25.
Respondent shall pay operational costs for the lmposition of Fines hearing in the amount of
$l14.9s.
Respondent shall pay the boarding costs the County in the amount of $ I ,5 I 0.00
Respondent is ordered to pay of $29.740.2A orbe subjectto
A.
B.
C.
D.
E.
F.
Notice of Assessment of
Florida.
G. The daily fine of $250.
Collier County Code
in Collier County,
been confirmed by a
County, Florida.DONEAND ORDERED this
Jlate 0I r lot roa
CountY of COLlllER
;
I'HEREBY 0ERTIFY THAT this is a true and
*i..i.opv oi a d.ccuhr6ton file in
H;,'i'rtmi,1," aniiecdds of Collier County
run:tt$#HXE,'
DWIGHT ilEROiX' CLERK OF COURTS
CODE ENFORCEMENT
TE
C. GARRf,TSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239) 252-2440, or www.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggxieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
Respondent -Richard L. Gossard Jr and Evonne M. Estep
Collier Co. Code Enforcement Division
al1 properties
SPECIAL
16.A.7.a
Packet Pg. 711 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
rNsrR 5091120 oR 5126 PG L085 RECoRDED 3/5/2015 9:58 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COUIT$Y CODE ENT'ORCEMENT
SPECIAI/.MATGTSTRATE
Case No. {EP1Vl20l 4 0024204
BOARD OF COUNTY COMMISSIOIIERS
COLLIER COI.]NTY, FLORIDA,
Petitioner,
YS.
RICHARD L. GOSSARD JRAND
EVONNE M. ESTEP,
Respondent
THIS CAUSE came on February 6, 2015, and
the Special Magistrate,and heard argument
respective to all appropriate
Magistrate, as follows:
and Order of the Special
l. Respondent, Richard L.are the owners ofthe subject property
2.Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the public hearing.
4. The real property located at 5310 Sholtz Street, Naples, Florida, Folio #62156880002 (Legal
Description: NAPLES MANOR ANNEX BLK 1 I LOT 3 & El/z OF LOT 2 OR 1094 PG
1669), is in violafion of Collier County Code of t^aws and Ordinances, Chapter 22, Article Yl,
Section 22-242 and22-241(l) in the following particulars:
Unsecured residential structurc end boarding without rpplicable Collier County boerding
certilicate.
5. The violation has not been abated as ofthe date ofthe public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of [aw, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0744, as amended,
it is hereby ORDERED:
16.A.7.a
Packet Pg. 712 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
oR 51_26 PG 1086
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Artrcle VI, Section 22-242 and22-2al().
B. Respondent must abate the violation by obtaining all required Collier County building permits, or
demolition permit, inspections, and certificate of completiorloccupancy necessar5r to
repair/replace broken or missing doors, windows, or other openings and secure property otr or
before February 13r 2015 or a fine of$250.ffi per day will be imposed for each day the
violation remains thereafter.
C. Altematively, if a boarding certificate is obtained and the structure is boarded on or beforrc
February 13, 2015, then the time required to complete the repairs or demolition, inspections, and
Certificate of Completion/Occupancy will be extended to and must be cornpleted by August 6,
2015 or a fine of $250.fi) per day will be imposed for each day the violation remains thereafter.
D. If Respondent fails to comply with this Order, the Collier Counry Code Enforcement Departnent
may abate the violation using any method to bring the violation into compliance. If necessary, the
County may request the services Sheriff s Office for the purpose of
accessing the properry for
property.
shall be assessed against the
E. Respondent is ordered to of this case in tle amount of
$115.25 on or before
F. Respondent shall within 24 hours of
abatement or to confirm compliance.
DONE AND ORDERED this County, Florida.
CODE EN}'ORCEMENT
Tf,
C. GARRETSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Departrnent, 2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239) 252-2440, or www.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thifty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
Respondent(s)-- Richard L. Gossard Jr and Evonne M. Estep
Collier Co. Code Enforcement Dept.
may
cc:
16.A.7.a
Packet Pg. 713 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
*** oR 5126 PG l-087 ***
I
I
Siate of Florida
County of COLLtER
I HEREBY CERT|FY THAT this is a true andcorrectcopy of a Cocuiient on file in
C.carC [,1inutes andgff;#,
E.
Y:.'" "
Collier Coung
!
16.A.7.a
Packet Pg. 714 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
INSTR 5374525 oR 5368 PG 3223 RECoRDED 3/6/20L7 10:52 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $27.00
vs.
COLLIf,R COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. {8AU2016001627 I
BOARD OF COUNTY COMMISSIOIYERS
COLLIER COT]NTY, FLORIDA,
Petitioner,
RICHARD L. GOSSARD JR. ANI)
EVOI{hTE M. f,STf,P,
Respondents.
THiS CAUSE came upon the Petitioner's Motion
for Imposition of Fines/Liens
respective to all appropriate
Magistrate, as follows:
having heard argument
and Order of the Special
1. On December 2,2416,of Collier County Code of Laws
and Ordinances, Chapter 22,Collier County Land Development
Code 04-41, as amended, Section the 2014 Florida Building Code,5th
edition, Chapter l,Part2, Section 105.1 #200 I 0 1 I 690 for a chain link fence that
expired without first obtaining all required inspections and certificate of completion, which
violation occurred on the property located at 53 10 Sholtz St, Naples, FL, Folio #621 56880002
(Legal Deseription: NAPLES MANOR ANNEX BLK I I LOT 3 &Ell2 OF LOT 2 OR 1094 PG
r 669).
An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before January 2, 2017 , or a fine of $50.00 per day would be assessed for each day the violations
continue thereafter until abatement is confinned. (A copy of the Order is recorded at OR 5343,
PG 896).
Operational costs of $ I I 5.25 incurred by the County in the prosecution of this case were ordered
to be paid.
Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the public hearing, and no legal defense to the lr4otion was presented.
No Request for Re-hearing or Appeal pursuant to Ordinance 200'7-44, as amended, has been
timely filed.
2.
J
4.
5
found guilty
16.A.7.a
Packet Pg. 715 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
oR 5368 Pc 3224
6.The violation has not been abated as ofthe date ofthe hearing.
ORDER
Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter [62,
Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
Petitioner's Motion for Imposition of Fines/Liens is granted
Daily fines of$50.00 per day are assessed against Respondent for 46 days for the period from
January 3, 2A17 to February 17, 2017, for a total amount of fi nes of $2,300.00.
Respondent shall pay the previously assessed operational costs in the amount of$l 15.25.
Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$l14.88.
A.
B.
C.
D.
E.Respondent is ordered
Notice of Assessment
Florida.
to pay fines
of Lien
of $?.53.0.13 or be subject to
Respondent in Collier County,
F. The daily fine of $50.00 been confirmed by a Collier
County Code
DONE AND ORDERED this County, Florida.
ENFORCEMENT
c.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division,2800 North Horseshoe Drive, Naples, FL 34104, phone # (239)252-
244A, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPf,AL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.
Filing an Appeal will notautomatically stay the Special Magistrate's Order.
Respondent -Richard L. Cossard Jr. and Evonne M. Estep
Collier Co. Code Enforcement Division
16.A.7.a
Packet Pg. 716 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
*** oR 5368 PG 3225 ***
uidic vt i '-"-u
CountY ol COLIIER
is a true and
file in
CountY
l9r dav o{
tnts
DWIGHT E. BROCK'GOURTS
Ii
I
I
I
16.A.7.a
Packet Pg. 717 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
rNSTR 5345213 oR 5343 pG 896 RECoRDED L2/a4/20L6 9:06 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORTDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMtrNT
SPECIAL MAGISTRATE
Case No. -CEAU20I6A01627 |
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
RICHARD L. GOSSARD JR. ATID
EVONNE M. ESTEP,
Respondents.il*
THIS CAUSE came on
the Special Magistrate,
respective to all appropriate
Magi strate, as follows:
vs.
on December 2,2A16,and
and heard argument
)
and Order of the Special
Respondents, Richard L.
property.
are the orvners ofthe subject
Respondents were notified of the date of hearing by certified rnail and posting and the Special
Magistrate has jurisdiction of this matter.
Respondents, having been duly notified, did not appear at the public hearing.
The real properry located at 5310 Sholtz Street, Naples, Floride, Folio #62156880002 (Legal
Description: NAPLES MANOR ANNEX BLK 1l LOT 3 &F,1/2 OF LOT 2 OR 1094 PG
1669), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article ll,
Section 22-26(b), Collier County Land Development Code 04-4 I , as amended, Section
10.02.06(BXlXe)(i), and the 2014 Florida Building Code, 5'r'edition, Chapter 1, Part 2, Section
105.1, in the following particulars:
Permit #2001011690 for a chnin link fcnce expired without first obtaining all required
iuspections and certificate of completion.
3
A
5, The violation has not been abated as of the date of the public lrearing.
16.A.7.a
Packet Pg. 718 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)
*** oR 5343 PG 897 ***
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and CollierCountyOrdinance No. 07-44,as amended, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Cocle of Laws and Ordinances, Chapter
22, Article II, Section 22-26(b), Collier County Land Development Code 04-41, as amended,
Section 10.02.06(BXlXeXi), and the 2014 Florida Building Code, 5'h edition, Chapter l,Part2,
Section 105.1.
B. Respondent must abate the violation by obtaining all required Ccllier County building permits or
demolition permit, inspections, and certificate of completion/occupancy on or before January
2,2017 or a fine of $50.00 per day will be imposed for each day the violation remains thereafter,
C. If Respondent fails to comply with this Order, the Collier County Code Enforcemerit Depaftment
may abate the violation using any method to bring the violation into compliance. If necessary, the
County may request the services of the Sheriff s Office for the purpose of
accessing the property for
property.
slrall be assessed against the
D. Respondent is ordered to of this case in the amount of
$115.25 on or before
E. Respondent shall Musse, within 24 hours of
abatement or to confirm compliance.
""
Srare or rio,DgNE AND ORDERED this
CountY of COLLIER
I HEREBY
correct
Board
County, Florida.
this is a true and CODE ENFORCEMENT
fiie in TE
County
C.G
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104; phone # (239) 252-
2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirnration of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved parfy may appeal a final order of the Spccial Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de noyo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Cleik of Courts.
Filing an Appeal will not automatically stay the Special Magistrate,s Order.
costs for the
Respondent(s) - Richard L. Gossard Jr. and Evonne M. Estep.
Collier Co. Code Enforcement Division
i
16.A.7.a
Packet Pg. 719 Attachment: Lien Orders (8321 : Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep)