Agenda 07/09/2019 Item #16A 6 (Release Code Enforcement Liens - Gonzalez)07/09/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of two code enforcement liens with a value of $837,702.88
for payment of $2,000 in the code enforcement actions entitled Board of County Commissioners v.
Juan M. Gonzalez and Nayelis Gonzalez, relating to property located at 5370 McCarty St, Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release two code
enforcement liens with an accrued value of $837,702.88 for payment of $2,000, in relation to Code
Enforcement Special Magistrate Case No. CEPM20130012192 and Case No. CESD20130012976.
CONSIDERATIONS: When the subject property was owned by Juan M. Gonzalez and Nayelis
Gonzalez, the Code Enforcement Special Magistrate ordered the imposition of two code liens on the
property, due to various code violations. The first lien was for code violations consisting of an unsecured
residential structure and boarding without obtaining a boarding certificate, rotted wood exterior and
screened porch in a state of disrepair at the residence. The lien was recorded on March 21, 2014, at O.R.
Book 5018, Page 3855. The current lien amount is $488,876.09, based on 1,953 days of accrued fines
($250 per day from December 14, 2013 through April 19, 2019) totaling $488,250, plus $226.09 in
operational costs and $400 in Boarding costs. The property was brought into compliance with these
violations on April 19, 2019. The second lien was for code violations consisting of alterations to the
residential structure without obtaining permits, inspections, and a Certificate of Completion. The lien was
recorded on March 31, 2015, at O.R. Book 5134, Page 1558. The current lien amount of $348,826.79 is
based on 1,743 days of accrued fines ($200 per day from April 7, 2014 through January 13, 2019) totaling
$348,600, plus $226.79 in operational costs. The property was brought into compliance for these
violations on January 13, 2019.
Manuel and Elena Gonzalez acquired the property via General Warranty Deed recorded on April 1, 2019.
Pursuant to Resolution No. 2012-46, a request for reduction of fines may be considered, in part, when a
lien encumbers property under new ownership and the new owner has diligently pursued abatement and
achieved compliance and/or when payment of the lien would impose a severe financial hardship on the
owner. The new owner took title to this property with uncorrected violations and the intent of providing a
home for their son. It took substantial amounts of time and money, approximately $34,000, with
extensive follow up, permit fees, demolition, and inspections to come into compliance. The property is
actively maintained, and the owner has paid $2,000 in settlement of fines and requesting the remaining
$835,702.88 in accrued fines be waived. There no known code violations remaining on the property.
FISCAL IMPACT: Payment of $2,000 in settlement of fines has been received. If approved by the
Board, accrued fines in the amount of $835,702.88 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 remaining fines in the amount of $835,702.88, accept payment
amount of $2,000, and authorize the Chair to sign the attached release and satisfaction of liens for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
16.A.6
Packet Pg. 363
07/09/2019
ATTACHMENT(S)
1. Lien Orders Gonzalez (PDF)
2. Lien Releases - KN Signed (PDF)
3. Reduction of Fines Letter (PDF)
16.A.6
Packet Pg. 364
07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 9118
Item Summary: Recommendation to approve the release of two code enforcement liens with a
value of $837,702.88 for payment of $2,000 in the code enforcement actions entitled Board of County
Commissioners v. Juan M. Gonzalez and Nayelis Gonzalez, relating to property located at 5370 McCarty
St, Collier County, Florida.
Meeting Date: 07/09/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
05/24/2019 3:10 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
05/24/2019 3:10 PM
Approved By:
Review:
Code Enforcement Colleen Davidson Additional Reviewer Completed 05/29/2019 3:32 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 4:03 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 06/18/2019 9:24 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/18/2019 3:27 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/18/2019 6:29 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 06/19/2019 4:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2019 4:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2019 9:00 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/24/2019 1:30 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
16.A.6
Packet Pg. 365
INSrR 4958373 oR 5018 PG 3855 RECoRDED 3/21/2014 10:05 AM PAGES 3
DWIGHT E. 8ROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COI'NTY CODE ENFORCEMENI-r'i
SPECIAL MAGISTRd.TE
Case No. -CEPM2013 0012192
BOARD OF COIINTY COMMISSIOITERS
COLLIER COIJNTY, FLORTDA,
Petitioner,
JUAN M. GONZALEZ AND
NAYELIS GONZALEZ,
Respondents.
THIS CAUSE came
Motion for Imposition of
argument respective to all
vs.
hearing upon the Petitioner's
Magistrate, having heard
of Fact and Order of 0re
Special Magistrate, as follows:
l. On December 6,2013,of Collier County Code of Laws
and Ordinances, Chapter 22,22 -23 1 (l 2)(m), 22-2 4 1 (2) and 22 -
242 for partially boarded unsecured property, rotted wood on exterior and
screen porch in a state ofdisrepair, which violation occurred on the property located at 5370
McCarly Stree! Naples, FL, Folio #62046960003 (Legal Description: NAPLES MANOR UNIT
l BLK 12 LOT 11).
2.An Order was entered by the Special Magistate ordering Respondent to abate the violation on or
before December 13, 2013, or a fine of$250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
oR 4994, PG 2008).
Operational costs of $112.29 insuned 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 Motion was presented.
No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been
timely filed.
t
4.
5
6. The violation has not been abated as ofthe date ofthe hearing.
16.A.6.a
Packet Pg. 366 Attachment: Lien Orders Gonzalez (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
oR 5018 PG 3856
oRpEB.
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 84 days for the period from
December 14,2013 to March 7,2014, for a total amount of fines of $21,000.00.
Respondent shall pay the previously assessed operational costs in the amount of$l 12.29.
Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$r 13.80.
Respondent is ordered to pay fines and total amount of $21,226.09 or be subiect to
A.
B.
C.
D.
E.
Notice of
Florida.
Assessment of Lien by Respondent in Collier County,
F The daily fine
County Code
of $250.00 has been confirmed by a Collier
DONE AIID ORDERED County, Florida.
ENFORCEMENT
PAYMENT OF FIIIIES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252-2343. 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 parry 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 hanscribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
Respondent -Juan M. Gonzalez and Nayelis Gonzalez
Collier Co. Code Enforcement Dept.
accrue until
cc:
16.A.6.a
Packet Pg. 367 Attachment: Lien Orders Gonzalez (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
*** oR 5018 PG 3857 ***
State ol Florida
CountY
16.A.6.a
Packet Pg. 368 Attachment: Lien Orders Gonzalez (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
rNSTR 5101-l-91 oR 5134 pG l-558 RECoRDED 3/3L/20L5 10:09 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CfRCUIT COURT, COLLIER COUNTY FLORIDA
REC $L8. 50
COLLIER COUNTY CODE EI\TFORCEMEI{T
SPECIAL MAGISTRATE#
Casc No. {ESD20I 3001297 6
BOARD OF COI}NTY COMI}flSSIOI\TERS
COLLIER COI'NTY, tr'LORIDA,
Petitioner,
JUAI{ M. GONZALEZ AIYD
NAYELIS GONZALDZ,
Respondents.
TFIIS CAUSE came
Motion for Imposition of
argument respective to all
2.
vs.
upon the Petitioner's
Magistrate, having heard
of Fact and Order of the
Special Magistrate, as follows:
l. On December 6,2013,of Collier County Land
Development Code 0441, as (B[l[a) for alterations to the structure,
plumbing system, and electrical system of improved residential properly, which violation
occuned on the properly located at 5370 McCarty Streeg Naples, FL, Folio #62046960003
(Legal Description : NAPLES MANOR t.rNIT I BLK 12 LOT l l).
An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before April 6, 2014, or a -fine of $200.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4994,
PG 2017).
Operational costs of $112.29 incurred by the County in the prosecution of this case werE ordered
to be paid.
Respondent, having been duly noticed for the pubric hearing regarding the county,s Motion, didnot appear at the public hearing, and no legal defense to the-MJtion wL presented
No Request for Re-hearing orAppeal pursuant to ordinance zoo744,as amended, has beentimely filed.
The violation has not been abated as ofthe date ofthe hearing.
3
4.
5
6.
16.A.6.a
Packet Pg. 369 Attachment: Lien Orders Gonzalez (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
*** oR 5134 PG 1559 ***
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is heleby ORDERED:
Petitioner's Motion for Imposition of Fines/Liens is granted.
Daily fines of $200.00 per day are assessed against Respondent for 334 days for the period from
April 7, 2014 to March 6,2015, for a total amount of fines of $66,800.00.
Respondent shall pay the previously assessed operational costs in the amount of $ I I 2.29.
Respondent shall pay operational costs for the lmposition of Fines hearing in the amount of
sl r4.50.
Respondent is ordered to pay fines and costs in the total amount of W .026.J9.or be subject to
A.
B.
C.
D.
E.
Notice of
Florida.
Assessment of Lien against owned by Respondent in Collier County,
has been confirmed by a Collier
County, trIorida-
EI\TFORCEMENT
C.
ilrte 0l i:lorloa
County of COLLIER
F. The daily fine of $200.00
County Code
DOI\TE AI\ID ORDERED thig
cc:
B.IYIvENT Of FINES,: Any fines ordered to be paid pursuant to this order may be paid at theCollier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL'34ld4,phone #(239) 252'2440, or www.colliergov.net. Any release of lien or confirmaiion of compliance orconfirmation of the satisfaction of the obligations of this order may also be obtained at this locaiion.
AILEI+ Any aggriered party may appeal a final order of the Special Magiskate to the Circuit Courtwithin thirty (30) days of the execution of the Order appealed. An appeal shail not u" a t earing de novo,but shall be limited to appellate review of the record created within ttre original h"uri"t" It is theresponsibility of the appealing party to obtain a transcribed record of the heiring fr"; il" Clerk ofcourts. Filing an Appeal will not automatically stay the Special Magistrate,s order.
Respondent -Juan M. Gonzalez and Nayelis Gonzalez
Collier Co. Code Enforcement Dept.
andtrue
this
County
to accrue
OF COURTS
16.A.6.a
Packet Pg. 370 Attachment: Lien Orders Gonzalez (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
16.A.6.b
Packet Pg. 371 Attachment: Lien Releases - KN Signed (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
16.A.6.b
Packet Pg. 372 Attachment: Lien Releases - KN Signed (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
RECEIVEO APR 25 2OI9
To: Board of County Commissioners
Collier County
From : Manuel Gonzalez
ln reference to Property: 5370 Mccarty St
Naples FL 34113
REQUEST FOR REDUCTION OF FINES
coDE vtotATtoN cAsE cEsD 20L300L2976
coDE vroLATroN cAsE cEpM 20130012191
I am the new owner of the property 5370 Mccarty St in Naples. We purchased the property
with outstanding code violations with the sincere intent to do the necessary extensive needed
repairs and abate the existing violations as soon as possible.
The violation CESD 20130012976 required a demolition of a illegal apartment and to be restore
as to the original carport and the violation CEPM 2013001219J. required to replace all windows
and doors on the house. ln addition the property needed a new roof and new electric service
panel.
Unfortunately for us, right when we purchased this subject property in Naples, our second
home, a property we own in the Florida Keys (1015 W 75 St, Marathon )was hit by the
hurricane lrma, and we had extended damages at that location. The water came inside the
house and we had to redo all interior as well as the exterior. The flood was severe, with the
surge being a ft high around our house. The litigation with the insurance was costly and
delayed, and we did not got paid for many damages that are not covered (carport, Tiki Hut,
Pool, Pool equipment, site cleanup, boat lift, fence, etc). we worked on the repair of that house
until this past september, and we exhausted all reserves and we had to do the repairs in the
Naples property. we were doing in Naples the repairs little by little and had delays in
completing the demolition, clean-up, car port restoration and windows and doors replacement.
Also we obtained a permits to replace the electric service and the house roof. Those jobs were
also completed and passed inspections.
We were trying to work as fast as we could and with the limited resources we had after the
hurricane lrma. Unfortunately the General Contractor we hired was very difficult to locate and
16.A.6.c
Packet Pg. 373 Attachment: Reduction of Fines Letter [Revision 1] (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
communicate with him. We paid for the windows last August 2018 (see attached check No.
2521 and in January 2019 after 6 month, he returned the money (see check No. 253), because
was unable to deliver the windows. We had to start from beginning, getting new quotes and
estimates for windows at that time. Them permits expired in December 2018, took several
months to extend the permits, them the same waiting to order inspections, no communication,
several times lcame to Collier County building to do extension on my own and/or order
inspections and was told only the contractor can do it.
For the above stated reasons, we respectfully ask Code Enforcement and the Board of County
Commissioners to consider the difficulties we have had to comply with the two code violation
cases open, consider that we as homeowners did all we could possible do to expedite these
huge repairs that were required and please we ask to reduce the fines of this code violation ,
that are the fault of the previous owner since 2013.
We would like to offer a settlement of 52000 towards the fines plus agree to cover any cost
that the county had incurred .
Sincerely,
\4 24 \1\
Manuel Gonzalez
ma n nygrea ltor @ a o l.co m
Cell: 1239)7O7-7967
16.A.6.c
Packet Pg. 374 Attachment: Reduction of Fines Letter [Revision 1] (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)
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16.A.6.c
Packet Pg. 375 Attachment: Reduction of Fines Letter [Revision 1] (9118 : BCC v. Juan M. Gonzalez and Nayelis Gonzalez)