Agenda 09/24/2019 Item #16A 4 (Code Enforcement Lien Release for John V. Melick TR)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$144,830.13 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. John V. Melick Jr TR, relating to property located at 5130 Alpha Ct., Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners accepts an offer to release a code enforcement
lien with an accrued value of $144,830.13 for payment of $1,000, in relation to Code Enforcement
Special Magistrate Case No. CEPM20140008850.
CONSIDERATIONS: When the subject property was owned by John V. Melick Jr TR, the Code
Enforcement Special Magistrate ordered the imposition of a lien on the property, due to code violations
consisting of torn screens of an accessory structure a rear patio and a roof in a state of disrepair. The lien
was recorded on January 15, 2015, at O.R. Book 5112, Page 1393. The current lien amount is
$144,830.13, based on 1,446 days of accrued fines ($100 per day from November 4, 2015, through
October 19, 2019) totaling $144,600, plus $230.13 in operational costs. The property was brought into
compliance with these violations on October 19, 2018.
Anthony Lober and Katie Werchek acquired the property via Warranty Deed recorded on March 8, 2018.
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 Lobers took title to this property, unaware of the uncorrected code violations, that included
substantial roof damage and accessory maintenance violations. The home was a for ever home for the
Lobers, but it was determined to be unlivable, due to mold, pests, and termite damage that required the
home to be demolished. After the home was demolished, the Lobers began to build a new home on the
property. It took substantial amounts of time and money, with extensive follow up with County
departments relating to permits, including demolition of the home, and construction fees. The property is
actively maintained, and the owner has paid $1,000 in settlement of fines and requests the remaining
$143,830.13 in accrued fines be waived. There are no known code violations remaining on the property.
FISCAL IMPACT: Payment of $1,000 in settlement of fines has been received. If approved by the
Board, accrued fines in the amount of $143,830.13 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 $143,830.13, accept payment
amount of $1,000, and authorize the Chair to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
16.A.4
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09/24/2019
ATTACHMENT(S)
1. Release of Lien CEPM20140008850 Melick Jr (PDF)
2. Lien Order Melick Jr TR (PDF)
3. Hardhip Letter Melick Jr TR (PDF)
16.A.4
Packet Pg. 854
09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 9734
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $144,830.13 for payment of $1,000 in the code enforcement action entitled Board of
County Commissioners v. John V. Melick Jr TR, relating to property located at 5130 Alpha Ct., Collier
County, Florida.
Meeting Date: 09/24/2019
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
08/02/2019 3:50 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/02/2019 3:50 PM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Completed 08/08/2019 4:47 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/13/2019 9:01 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 08/13/2019 1:52 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/14/2019 10:45 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/21/2019 5:05 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/23/2019 2:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2019 4:40 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 12:55 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/13/2019 10:30 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/16/2019 1:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.A.4
Packet Pg. 855
16.A.4.a
Packet Pg. 856 Attachment: Release of Lien CEPM20140008850 Melick Jr (9734 : BCC vs John V. Melick Jr Tr)
rNsrR 5073714 oR 51-12 pc 1393 RECoRDED L/L5/2OL5 9:33 eu PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18.50
coLLrER COUNT.Y CODE Er\TFORCEMEi{T
SPECIALMAGISTRATE
Case No. {EPM20140008850
BOARD OF COI'NTY COMMISSIONERS
COLLTER COIINTY, FI,ORIDA,
Petitioner,
vs.
JOHN V. MELICKJR TR"
RespoudenL
,.
'}
THIS CAUSE came upon the Petitioner's
Motion for Imposition of Magistrate, having heard
of Fact and Order of theargument respective to all
Special Magistrate, as follorvs:
l. On October 3,2414,of Collier County Code of Larvs
and Ordinances, Chapter 22,c) and (12)(n) for tom scneens on
accessory strucfure, rear patio and violation occurred on the property
located at 5130 Alpha Cour! Naples, FL, Folio #63960222A04 (Lrgal Description:
NORTHGATE VILLAGE UNTT I THAT PORTION OF ALPHA TR SOUTH (REFAS PAR 3)
DESC IN OR I t62 PG I197 ).
An Order rvas entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 3, 2014, or a fine of$100.00 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 5092, PG 1864).
Operational costs of $l 15.25 incurrcd 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 rvas presented.
No Request for Re-hearing or Appeal pursuant to Ordinance 200744, as amended, has been
timely filed.
1
J,
4.
5.
6.The violation has not been abated as ofthe date ofthe hearing.
16.A.4.b
Packet Pg. 857 Attachment: Lien Order Melick Jr TR (9734 : BCC vs John V. Melick Jr Tr)
*** oR 5112 PG 1394 ***
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the auttrority granted in Chapter 162,
Florida Statutes, and CollierCounty Ordinance No. 2007-44, as amended, it is hereby ORDERED:
Petitioner's Motion for Imposition of Fines/Liens is granted.
Daily fines of $100.00 per day are assessed against Respondent for 32 days for the period from
November 4,2014 to December 5,2014, for a total amount of fines of $3,200.00.
Respondent shall pay the previously assessed operational costs in the amount of$l 15.25.
Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$r 14.88.
Respondent is ordered to pay fines and total amount of $gd]O.tg or be subject to
A.
B.
C.
D.
E.
F. The daily fine of $100.00
County Code
DONE AND ORDERED this
State ot Flonda
CountYol
corTect
Notice of Assessment of Lien
Florida.
CountY
by Respondent in Collier County,
has been confirmed by a Collier
Counfy, Florida.
EI\TFORCEMENT
j.:{" _'
q'
DWIGHT E. BROCK;CLERK OFCOURTS c.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Departmenl2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239) 252-2440, or rvurv.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of tie 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 thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shalt be limited to appellate review of the record crcated 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 rvill not automatically stay the Special Magistrate's Order.
Respondent -John V. Melick Jr TR
CollierCo. Code Enforcement Dept.
accrue until
cc:
1
I
16.A.4.b
Packet Pg. 858 Attachment: Lien Order Melick Jr TR (9734 : BCC vs John V. Melick Jr Tr)
July 1 , 2019
RE: Reduction of Fines Request CEPM20140008850
Collier County Code Enforcement Division
To the Board of County Commissioners and whomever this may concern,
Anthony and I are writing today after what seems like a lifetime since we took ownership of the
home located at 5130 Alpha Court. We are both first time home buyers and we were so excited
at the opportunity to live, in what to us, is the perfect location in a community that we love being
a part of. When we found 5130 Alpha Court it was abandoned for what we found out later was
close to 18 years. We knew that we would need to clean out black mold and get the home
renovated and we were up for the task. We also knew that we would need to work with you to
look at our case and we have been scared to write knowing that what you all decide will greafly
affect our livelihood going forward, and our ability to keep moving fon/lrard with the
improvements of this home.
We should have written to you a year ago and apologize for letting this linger. We will take you
through a timeline to help you see where we started and what we have overcome to be where
we are today. Today we are building a beautiful brand new home in the spot where this problem
home was located in Northgate Village. The home that was located there before was unlivable
and even wlth thousands of dollars in demolition fees and work, we were unable to clean out the
black mold and pests to the point where we could safely rebuild and live in the home. The walls
and trusses were all covered in mold, termite damage, and the original home was not insulated
in any way leaving the walls once you cut them open completely rotten and full of pests.
When we closed on the home in April 2018 we had enough money saved to complete a small
renovation to get us out of our rental home and into our new home. We had everyone in our
families coming to Naples for our wedding in November and we planned to be done and moved
in for our family to stay with us and enjoy our wedding. However, after learning that we were
unable to save the existing home we started making plans to remove the current trusses and
start fresh wherever there was rotten wood walls and the entire roof had to come down. The
plans we drew were paid for in full and submitted for permit with Collier County.
After months of the plans going through the different review and planning departments we were
told that the plans drawn would not work and that the county had decided that the house was
located on a corner lot, which was not apparent to anyone including our architect we paid to
prepare plans for us to build our addition and renovation.
Without going into further time and cost details this put us back at square one to determine what
else we can do to get into this home as soon as possible. The architect refused to make the
changes and took zero responsibility for the plans being unusable. ln the meantime we have
been paying $2,000 per month in rent on top of our current loan and interest for the initial
16.A.4.c
Packet Pg. 859 Attachment: Hardhip Letter Melick Jr TR (9734 : BCC vs John V. Melick Jr Tr)
We are reaching out to let you know that it has been a difflcult and expensive road since we
closed. We paid the lawn fees that could not be removed that were a result of the homeowner
previously abandoning the property. We were told those fees were paid at closing so we never
followed up to make sure they were paid. We were told recently that they were never paid out of
the closing by the previous homeowner so we have taken care ofthose fees.
We know that when a property is in foreclosure that the other fees are usually waived and the
new owner is able to move on without any new fees associated with their property.
We are begging that this is also the case with the fees that accumulated from the previous
owner that they left on this property that we now own. We will make sure this home is beautiful
and maintained. We take a lot of pride in the home we are building to replace the home that was
a hazard prior to us taking ownership.
We would like to make a settlement offer of 91,000. We know this amount does not come close
in comparison to what has been accumulated on this property, but this amount of money is a big
deal to us to spend additionally out of pocket for someone else's misuse of the property prior to
us taking ownership.
We are available for any questions and appreciate the time and any compassion that can be
used while making this decision. Further fees will leave us needing to finish the project and sell
the home vs being able to stay in the home and enjoy after this long and hard process.
Thank you again for your time and attention to this matter
Katie & Anthony Lober
anthonylo ber@o mail. com
239-776-8626
*Current Address while we are unable to live at 5130 Alpha Court is 1195 8th Ave N, Naples,
Florida 34102 in case any written correspondence needs to be sent to us.
purchase ofthe home, and renovation costs. So every month and every dollar matters. We had
new plans prepared to flt our new setbacks and we are working tirelessly to get this home done
so we can finally move in. We are still hoping for a Sept or Oct 2019 move in date which is 1.5
years beyond what we prepared to pay for in terms of extra rent and expenses.
16.A.4.c
Packet Pg. 860 Attachment: Hardhip Letter Melick Jr TR (9734 : BCC vs John V. Melick Jr Tr)