Agenda 11/10/2009 Item #16A10
Agenda Item ~~o. 16A 10
November 10,2009
Page 1 of 5
EXECUTiVE SUfviMARY
Recommendation to impose lien in relation to the Code Enforcement
Action entitled Ruben Romero, Code Enforcement Board Case No.
CEPM20080007069, on property located at 2183 41st St SW, Naples, Florida
(County incurred cost to date is $7,678.16).
OBJECTIVE: That the Board of County Commissioners authorize the imposition
of a lien for County Abatement costs of $7,678.16 in the Code Enforcement
Board action entitled Ruben Romero, Case No. CEPM20080007069.
CONSIDERATIONS: On October 2nd, 2008, the Code Enforcement Department
issued a Notice of Dangerous Building to Ruben Romero and sent a copy to Mr.
Romero via Certified mail. The Dangerous Building conditions were created from
a previous fire on the property. Many attempts were made to work with the
property owner to abate the violation. In April of 2009, the County hired a
contractor to abate the violation. Costs of abatement were $7,678.16, as
retlected in the attached invoice.
The violation was abated by a contractor hired by Collier County, at the County's
expense, to demolish the structure. An invoice of these costs and any
administrative fees was sent to the owner, who was given an opportunity to pay
the costs incurred by Collier County. No payment was received from the owner.
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FISCAL IMPACT: Collier County has incurred abatement costs in the amount of
$7,678.16.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: The recommendation is that the Board of County
Commissioners approve the imposition of a lien in the amount of $7,678.16 in the
Code Enforcement action entitled Ruben Romero, Case No.
CEPM20080007069, on property located at 2183 41 st St SW, Naples, FL, and
authorize the Chairman to sign the attached lien resolution.
PREPARED BY: Jen Waldron, Enforcement Supervisor
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Item Number:
Item Summary:
Meeting Date:
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Agenda Item No, 16A 10
November 10. 2009
Page 2 of 5
COLLiER C0;_';:~ i Y
BOARD OF COUNTY COMMISSiONERS
16A10
Recommendation to impose iie" iii ,e:atio" to the Code Enforcement Action entitled Ruben
Romero, Code Enforcement Soard Case j--Jo, CEPM20080007069, on property located at
2183 41st St. SW, Naples, Floilda (County incurred cost to date is $7,678.16),
11/10/2009900:00 AM
Prepared By
Jennifer Waldron
Code Supervisor
Date
Approved By
Code Enforcement
10/2812009 11 :02:20 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmenta~ Ssr\.':cas /\d.":":ir..
10125/200911:13 AM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &.
Environmental Services Admin,
10/2812009 11 :22 AM
A pproved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
10/2812009 12: 56 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/3012009 9:45 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
10/30/2009 12: 58 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
1013QI2009 3:35 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10/3012009 5:31 PM
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Agenda Item ~~o, 16A 10
November 10. 2009
Page 3 or 5
LEGAL ",onCE OF ASSESSIVIENT
DATE: November 10th, 2009
NAME OF OWNER: Ruben Romero
ADDRESS OF OWNER: 5115 Hemingway Cir Apt 3602 Naples, FL 34116
You, as the owner of record of the following property:
GOLDEN GATE UNIT 2 BLK 76 LOT 25 FOLIO# 35780960008
Are hereby advised that Collier County, Florida did on the .LL:: day of March, 2009, order that the
hazardous or dangerous condition which existed on the above property be remedied, sending you notice
thereof, the specific hazards being:
Any portion, member, or appurtenance thereof likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons.
My portion of a building, or any member, appurtenance, or ornamentation on the exterior
thereof is not of sufficient strength or stability, or is not anchored, attached, or fastened in
place so as to be capable of resisting a wind pressure of two thirds of that specified in the
Florida Building Code, Building for new buildings of similar structure, purpose, or location
without exceeding the nominal strength permitted in the Florida Building Code, Building for
such buildings.
The building, or any portion thereof, is likely to collapse partially or completely because of
dilapidation, deterioration or decay; construction in violation of the Florida Building Code,
Building the removal, movement or instability of any portion of the ground necessary for the
purpose of supporting such building; the deterioration, decay or inadequacy of its
foundation; damage due to fire, wind or flood; or any other similar cause.
A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous
condition; whereupon, it was remedied by Collier County at a cost of $7,678.16; such cost, has been
assessed against the above property, in the same manner as a tax lien in favor of Collier County on
November 10th, 2009, You may request a hearing before the Board of County Commissioners to show
cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive
or unwarranted or why such expenses should not constitute a lien against the property, Said request for
hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten (10) days
from the date of this notice,
Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be
satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the
office of the Clerk of the Circuit Court and recorded among the public records of Collier County, Florida.
RESOLUTION NO. 2009-
Agenda Item No. 16A 10
November 10, 2009
Page 4 of 5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF HAZARDOUS
BUILDING, IN ACCORDANCE WITH
ORDINANCE No. 04-58, AS AMENDED
WHEREAS, as provided in Ordinance No. 04-58, the direct costs of abatement of
hazardous building, including prescribed administrative cost incurred by the County, shall be
assessed against such property; and
WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
reported to the Board of County Commissioners, together with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
property against which made until paid; and
WHEREAS, the assessment shall become due and payable and interest shall accrue on
the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent
(12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows,
having been abated of a hazardous building after due and proper notice thereof to the owner( s) of said
property, is hereby assessed the following costs of such abatement, to wit:
NAME: RUBEN ROMERO
LEGAL DESCRIPTION: GOLDEN GATE UNIT 2 BLK 76 LOT 25, more specifically described
in the deed recorded in Official Record Book 4110, Page 2261 of the Public Records of Collier
County, Florida, a.k.a. 2183 41st ST SW Naples, FL 34116.
COST: $7,678.16 REFERENCE: CEPM20080007069 FOLIO: 35780960008
The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice
of Assessment of Lien to the owner(s) of the above-described property. This Resolution and Notice
of Assessment shall be recorded in the official records of Collier County, and by recording shall
constitute a lien against the above-described real property, and to the extent allowed by law, shall
also be a lien upon all other real and/or personal property owned by the noted property owner(s) in
Collier County.
This Resolution passed and duly adopted by the Board of County Commissioners of
Collier County, Florida, this day of 2009.
Legal Notice
Assessment of Lien
10/14/2009
.u-~
ATTEST:
D\VTGHT E. BROCK, Clerk
B".
1 .
DEPUTY CLERK
Approved as to form and
legal lclency:.
Legal Notice
Assessment of Lien
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Agenda iterTi r\Jo, 16A:0
r\Jovember 10. 2009
Page 5 of 5
BOARD OF COUNTY COMMISSIONERS
COLLIER COITl'JTY, FLORIDA
BY;
DONNA FIALA, CHAIRMAN
10/14/2009
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