Agenda 02/25/2020 Item #16A 7 (Release of Lien - Code Enforcement)02/25/2020
EXECUTIVE SUMMARY
Recommendation to partially release a code enforcement lien with a value of $132,395.20 for
payment of $500 in the code enforcement action entitled Board of County Commissioners v.
Alfredo Miralles, Code Enforcement Special Magistrate Case No. CESD20120003627 relating to
property located at 1715 Roberts Ave W., Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to partially release a code
enforcement lien with an accrued value of $132,395.20, for payment of $500, as to property known as
1715 Roberts Ave W. only, in relation to Code Enforcement Board Case No. CESD20120003627.
CONSIDERATIONS: Due to a code violation at 108 White Way, for converting a carport into a living
space without first obtaining required permits, the Code Enforcement Board ordered the imposition of a
lien against Alfredo Miralles in Case No. CESD20120003627. The lien was recorded in the Official
Public Records on June 23, 2014, at O.R. Book 5051, Page 814, and it encumbers all real and personal
property owned by Alfredo Miralles. The lien amount of $132,395.20 is based on 529 days of accrued
fines (March 24, 2014, through September 3, 2015) at $250 per day, plus $145.20 in operational costs.
This request for a partial release is for a different property, 1715 Roberts Ave W., which contains no code
violations. This parcel was encumbered by the lien as a result of common ownership by Alfredo Miralles
who owned the properties at the time of the violation. The property was acqu ired by Jennifer Elizondo
and Leonardo Perez, via Warranty Deed recorded on May 23, 2019, at O.R. Book 5633, Page 2184. The
lien continues to encumber the property and the new owners only became aware of the lien after
attempting to finance and build their new home.
FISCAL IMPACT: Payment of $500 has been made, representing $354.80 in fines and $145.20 in
operational costs. If approved by the Board, accrued fines in the amount of $131,895.20 would be waived
with respect to 1715 Roberts Ave W. only. The lien balance would continue to encumber all other
property owned by Alfredo Morales.
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: That the Board of County Commissioners waive the fines in the amount of
$131,895.20 with respect to 1715 Roberts Ave W. only, accept payment amount of $500, partially release
the lien, and authorizes the Chairman to sign the attached partial release for recording in the Official
Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. New Owner Letter (PDF)
2. Backup Documents (PDF)
3. Lien Order (PDF)
4. Executed release (PDF)
16.A.7
Packet Pg. 1247
02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 11342
Item Summary: Recommendation to partially release a code enforcement lien with a value of
$132,395.20 for payment of $500 in the code enforcement action entitled Board of County
Commissioners v. Alfredo Miralles, Code Enforcement Special Magistrate Case No. CESD20120003627
relating to property located at 1715 Roberts Ave W., Collier County, Florida.
Meeting Date: 02/25/2020
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
01/14/2020 10:27 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/14/2020 10:27 AM
Approved By:
Review:
Code Enforcement Colleen Davidson Additional Reviewer Completed 01/14/2020 2:44 PM
Growth Management Department Judy Puig Additional Reviewer Completed 01/15/2020 2:53 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/21/2020 10:32 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/21/2020 10:42 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/21/2020 1:57 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 01/22/2020 11:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/22/2020 11:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2020 1:21 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/22/2020 1:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/18/2020 12:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
16.A.7
Packet Pg. 1248
October 4, 2019
Collier County Code Enforcement Division
Growth Management Department
2800 N. Horsehoe Dr
Naples, FL 34104
To Whom lt May Concern:
My name is my iennifer Elizondo, I purchased a property located at 1715 Roberts Ave W, lmmokalee, FL
34).42 Parcel lD # 00130840004. I went to a title company to close the transaction but l've learned after
closinB that No Title lnsurance was issued. I was trustinB in the seller and the title company thinklng all
was ok. This was my first Real Estate transaction. We purchased the lot to build our first home. When I
tried to get financing after deed was under my name I learned property has a code lien against the seller
for another property; please I need help.
I am requesting from you to consider eliminating the lien against the property and release it, so I may
build my home for my family. Our builder will be FL Star Construction LLC.
Kindly help guide me in the right direction in accomplish this for my family
Sincerely,
Jennifer Elizondo
? o 0or 3+2(p
"1- . ,-nJ rrt rn9/64fe(, J-(
'
?hmz : g3q
34/o/
-9aQ-JG6a
16.A.7.a
Packet Pg. 1249 Attachment: New Owner Letter (11342 : BCC v. Alfredo Miralles)
a
n1T,
October 23,20L9
Ms. lleana Burgos
Collier County Code Enforcement
Growth Management Department
Hello Ms. Burgos,
As you know the lien is not against the property I purchased. lt is against a different property, I know I
trusted the seller when they say all was clear and also when I went to the title company and they said
the same but didn't issue me a title insurance which was a surprise to me.
. l.;an pay SSOO.OO to settle let me know if this is possible.
Thank you,
Jennifer Elizonido
l :., r''
16.A.7.a
Packet Pg. 1250 Attachment: New Owner Letter (11342 : BCC v. Alfredo Miralles)
Alfredo Miralles
cEsD2o120003627
108 White Way
Immokalee,FL 34142
Folio # 35540080005
Carport converted into living space with a laundry room with electric and plumbing, and windows and
doors replaced without first obtaining a permit.
Order Items: $250/day fine x 60 days (March 24,2014 - May 22,2014): $15,000.00, plus operational
costs of $145.20
Total Fines: $15,145.20
FOF Order OR 4931/PC 1665 recorded on 6111113
Extension of Time OR 4982lPG 2952 recorded on I ll12l13
IOF Order OR 505 liPG 814 recorded on 6123114
Violation abated: September 3, 201 5
Fines accrued after IOF: $ I 17 ,250.00 [$250/day fine x 469 days (May 23 , 2014 - September 3, 20 I 5)]
Total Fines Owed: $132.395.20
Partial Release Request for 1715 Roberts Ave W, (property now owned by Jennifer Elizondo, Deed
recorded on 5123119, vacant parcel previously owned by Mr. Alfredo Miralles)
Offerof settlement for partial release: $500.00 ($354.80 fines + $145.20 operational costs)
New OWNER (encumbered property)
ACCRUED VALUE: $132.395.20
PAYMENT OF: $500.00 . !
\'L .'i ,. ' t il r' ct' *r r"
TOTAL FINES TO BE WAIVED:
ov1
16.A.7.b
Packet Pg. 1251 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
Collier County
Growth Management Davisaon
2B0A Harseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paidi
Amount Due:
Payment Details:
Amount Paidi
Change / overage:
Contact:
FEE DETAILS:
Fee Description
Operational Costs (CEB)
Operational Costs (CEB)
Cashier Name:
Batch Number:
Entered By:
20t9687 732
2019- 1 10406
72/O4/2079
$ 14s.20
cESD20120003627
cESD20120003627
Amount Paid
$145.20
Check Number
1000240331
GL Account
$14s.20
$0.00
ELIZONDO, JENN]FER LEOBARDO PEREZ
PO BOX 3426
IIVIN4OKALEE, FL 34143
Orioinal
Fee
$80.86
$64.34
Amount
Paid
$ 80.86
$64.34
111- 138911-354400
111- 138911-354400
Pavment Method
Check
Reference Number
Richard Koenigsknecht
8789
KerryAdams
16.A.7.b
Packet Pg. 1252 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Code Enforcement Board
Cashier Name:
Batch Number:
Entered By:
2019687133
20L9-t10407
72/04/2079
$ 1s,000.00
Pavment Method
Check
Reference Number
cESD20120003627
Amount Paid
$3s4.80
Check Number
1000240331
Oriqinal
Fee
$ 1s,000.00
Amount
Paid
$3s4.80
GL Account
111- 138911-354400
Richa rdKoenigsknecht
8789
KerryAdams
$354.80
$o,oo
ELIZONDO, JENNIFER LEOBARDO PEREZ
PO BOX 3426
IIYIVIOKALEE, FI 34143
16.A.7.b
Packet Pg. 1253 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
Page 1 of 1
Loilrer Lounty rroperty ApPralser
Property Summary
Parcel No 00130840004
Name / Address ELIZONDO, JENNIFER
Site Address*Disclaimer
1715
ROBERTS
AVE W
Site Zone*Note ,34142.Site City IMMOKALEE
LEOBARDO PEREZ
PO BOX 3426
I
I
I
City IMMOKALEE State FL Zip 34143
Strap No.
000100 0442Eo5 5
. . 5 47 29WllzOF NWl/4 OF SE1/4 OF NE1/4 EXC 1 AC lN NE CNR EXC PAR DESC lN OR I PG 210,Legar LEss R/w 1:63 Ac oR 197aPG2gz2
Millase Area.6 5 Millagg Rates 0 *Catculations
Sub./Condo 1OO. ACREAGE HEADER School Other Total
UseCodeO 0 - VACANT RESIDENTIAI s.083
Section Range
29
Acres *Estimated
1.632EO5
\
Latest Sales History
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
2019 Certified Tax Roll
(Subject to Change)
osllsl1g 5633-2184
07127194
$ 7o,ooo
$ sl,s00
Land Value
(+) lmproved Value
(=) Market Value
$ 16,300
$ 4,367
$ 11,933
$0
300
$o
$
(-) 1oo/o Cap
(=) Assessed Value
(=) School Taxable Value $
(=) Taxable Value $ 1 1,933
lf all Values shown above equal 0 this parcel was created after the Final Tax Roll
1 3006,
http://www.collierappraiser.com/main-search/RecordDetail.html?sid: l834g736l&ccpaver: lTl0lgll49&..10130t2019
47
9.7043 14.7873
11/gO/92 1774:922
a7/a1188 1367-1570
Township
1970-2322
16.A.7.b
Packet Pg. 1254 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
INSTR 57L6939 oR 5633 PG 2184 RECoRDED 5/23/2OL9 1:52 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 $490.00 REc $18.50
coNS $70,000.00
-ffi
This Document Prepared By and Retum to:
JENNIFER ELIZONDO
PO BOX 3426
lMlvlOKALEE, FL 34143
Parctt tD Number: 00130840004
Warranty Deed
This Indcnturc, Made this lsth day of May 2019 A.D., Behvccn
ALFRBDO MIRALLES, A MARRIED MAN and ALFRtrDO MTRALLES, JR, A MARRIEI)
MAN
of the County of Collicr
JENNIFER ELIZONDO nnd
, grantors, and
SBAND
rvlrose address is: PO BOX 3426,
of the County of Collicr , grantccs.
Witncsscth that the GRANTORS, for and in
SEVENTY THOUSAND DOLLARS
and other good and valuable consideration to CRANTORS in hand paid by GRANTEES, the reccipt rvhereof is hereby
acknorvledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns
forever, the follorving described land, situate, lying and being in the County oI Collicr
Statc of Floritla ro rvir:
THE !1/EST 1,I2.5 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THESOUTHEAST OUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 47 SOUTH,RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
*TTHIS IS VACANT LAND"
ill[!;[#'rs do hereby fully rvarant the title to said land, anct rvill defend rhe same against lawfulclaims of allpersons
FL 34143
, State of
L.rcr Oencrrlcd by CDr!pt.y SyI.mt, lnc :Ol9(t6l) 76l.jrj5 n.rForm FLIYD-l
II
I
I
16.A.7.b
Packet Pg. 1255 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
*** oR 5633 PG 2185 ***
Warranty Deed - Page 2
Parccl lD Numbtr: 00130840004
In Witness Whcrcof, the grantors have hereunto set their hands and seals the day and year first above written.
Signed, sealed and tlclivcrcd in our prcscnce:
rt-"Q.*cto^ { a*q, u-o ?
sgnrtuicl\Ltv^nf\ U As.1 \)-e-L IRA
PO IMMOKAI-EE
lc
ission Expires:
l-
(Seal)
FL 31142
(Seal)
,2019 ,by
JR, A MARRIED
Witness Print Name
'*f
Statc of Florida
County of Collicr
Thc foregoing instrument rvas
ALFRBDO MIRALLBS, A
MAN
rvho arc pcrsonally knorvn to me or rvho
Florida's driver license
as identification
JRo
is lSth day
their
no
PATRICIA}IlE'MOORE
,rY coMMlSStOt * GG 2{ 5455
E)(PtRfg; Jun6I,20A2
t,t:RIiz L.scr Cen.r.tcd by CDrrpl.y Syilch!, lnc l0l 9 (E6r) 761-5J j j nctFom FLWD. I
16.A.7.b
Packet Pg. 1256 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
LOrrer Lounty rroPerty APPralser Page I of I
ttt".ffi ,o,Parcel No 35540080005
Property Summary
Site Address 108 WHITE Site City IMMOKAIEE"Disclaimer WAI
Name / Address MIRALIES, ALFREDO
1703 IMMOKALEE DR
42
City IMMOKALEE State FL zip 34142-3430
Acres "fstimated
0.38
Map No.
zEO4
Strap No.
317800 32EO4
Section Township
47
Range
29
Legal GLENNDALE LOTS 3+4, AND THE S 4.23FT OF THE W 79.3FT OF LOT 2
Millage Area O 5
Sub./Condo 317800 - GLENNDALE
Use Code I 1 - SINGLE FAMILY RESIDENTIAL
Latest Sales History
(Not all Sales are listed due to Confidentialityi
Book-Page Amount
Millage R.ates S leakslaligag
School Other Total
s.083 9.7043 14.7873
2019 Certified Tax Roll
(5ubject to Change)
a4/o4114
06/28/11
al/27/99
06/19/97
06/19/97
a6/19/97
a6/19/97
s069-31 U
4696-2574
25A6-171
2324-54
*?.+aq
2324-46
2324-4s
Land Value
(+) lrnproved Value
(=) Market Value
$ 1s.900
$ s1,1s4
$ 57,Os4
$ 67,0s4
$ 67,0s4
(=) Assessed Value
(=) SchoolTaxable Valuel.
I
1=i Taxable Value $ 67,054
lf all Values shown above equal 0 this parcel was created after the Final Tax Roll
http://www.collierappraiser.com/main search/RecordDetail.html?sid:g255921g2&ccpaver:l7l 0lgll49&10t16t2019
4
$o
$ 18,000
$ ss,ooo
$ 2s,ooo
$o
$o
$o
16.A.7.b
Packet Pg. 1257 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
*** INSTR 5021950 OR 5069 PG 3LL2 RECORDED 8/22/20L4 9:19 AM PAGES ].
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORTDA
Doc@.70 $0.70 REc $10.00
under him shall at any time
land or its appurtenances.
lN WITNESS THEREOF, the said
day and year first above written.
QUIT CLAIM DBED
STA'TE OF FLORIDA
COI'NTY OF COLLIER
This indenture made this 4s day of April ,2A14, between Jose Martinez as GRANTOR
and Alfredo Miralles as GRANTEE.
WITNESSETH: That the GRANTOR. on behalf of himself his heirs, executors,
administrators, successors, representatives and assigns, for and in consideration ofthe
sum of ONE DOLLAR, cash in hand paid at or before delivery of this document, the
receipt of which is hereby acknowledged, has bargained and sold and by this document
and does grant, bargain, sell, convey,and forever QUIT CLAIMS unto
said GRANTEE, on behalf of administrators, successors,
representatives and assigns, all or demand which the
GRANTOR may have had
The South 4.23 feet of being in Clendale
Subdivision according to book 2, page 102,
Of the public records of
TO HAVE AND TO the rights, members
and appurtenances person claiming
***
to the said tract of
set his hand and seal, the
<:--- .
GRANTOR
Sealed, Sworn and delivered in the presence of:
NOTARY PUBLIC
\:
Witness
following
said tract of
neither G
demand any
ttotrry Pr*.Ilahs
My comm. CrFartf.
Commlrrl ltt lllle
l4nued
Witness:
16.A.7.b
Packet Pg. 1258 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
October 4, 2019
Collier County Code Enforcement Division
G rowth Management Department
2800 N. Horsehoe Dr
Na ples, FL 34104
To Whom lt May Concern:
My name is my Jennifer Elizondo, I purchased a property located at 1715 Roberts Ave W, lmmokalee, FL
34142 Parcel lD # 00130840004. I went to a title company to close the transaction but l've learned after
closing that No Title lnsurance was issued. I was trusting in the seller and the title company thinking all
was ok. This was my first Real Estate transaction. We purchased the lot to build our first home. When I
tried to tet financing after deed was under my name I learned property has a code lien against the seller
for another property; please I need help.
I am requesting from you to conslder eliminating the lien against the property and release it, so I may
build my home for my family. Our builder will be FL Star Construction LLC.
Kindly help guide me in the right direction in accomplish this for my family.
Sincerely,
Jennifer Elizondo
? o 0or 3+2b
Snmo/raler, J:0 3ulbq
?hmz : J31 -9aQ'?b6' '
16.A.7.b
Packet Pg. 1259 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
w,october 23, 2019
Ms. llea na Burgos
Collier County Code Enforcement
Growth Management Depa rtment
Hello Ms. Burgos,
As you know the lien is not against the property I purchased. lt is against a different property, I know I
trusted the seller when they say all was clear and also when I went to the title company and they said
the same but didn't issue me a title insurance which was a surprise to me.
I can pay 5500.00 to settle let me know if this is possible.
Thank you,
Jennifer Elizonido
16.A.7.b
Packet Pg. 1260 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD2OI2OOO3621
COLLIER COUNTY
BOARD OF COLINTY COMMISSIONERS, Petitioner
,.i,*o,-rna, AIFREDo, Defendant(s)
AFFIDAVIT 9F COMPLIANCE
STATE OF FLORIDA
COt]NTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, code Enforcement official for the
code Enforcement Board If colti"r counfy, who after being tully swom, deposes and says:
l. That on May 23,2013, the code Enforcement Board held a hearing and issued an order in the above-styled
matter ancl stated that Defendant(s) was to abate all violations by obtaining all applicable Collier County
Building permits or Demolition permit through required inspection and certificate of completion/occupancy
within 120 days (September 20, 2013) as statA in the Order recorded in the public records of Collier County'
Florida in OR Book4gl1-pc 1665, An exrension of time was granted for 150 days (March 23,2014) OR
Book 4982 PG 2952-
2. That the respondent did contact the investigator'
3. That a re-inspection was performed on Septembe r 28, 20 I 5 '
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by obtaining a collier county Building Permit PRBD2o140925807 through required inspection
and certificate of completion/occupancy Septen'rber 03, 2015'
FUKTT{ER AFFIANT SAYETH NOT.
DATED this 28th day of September, 2015
STATE OF FLORIDA
COUNTY OF COLLIER
Swom to (or
(Signature
(Print/l'ype/Stamp Commissioned Namc of Notary
COLLIER COUNTY. FLORIDA
CODE ENFORCEMENT BOARD
Rodriguez
Code Enforcement
and subscribed before me tni, "B'Ly * Sf ptC.fr l'ulrorrby Maria Rodriguez
.ffih-ffi
Personally knovr'n J
Public)
t
16.A.7.b
Packet Pg. 1261 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
INSTR 4912035 oR 4982 PG 2952 RECoRDED LL/L2/2OL3 1-:0L PM PAGES 2
DWIGHT E. 8ROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18. 50
State ot Florida
County of COLLIER
I HEREBY this is a lrue and
coi'reci
Boarcl
wlTi{l8* '!ri
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
ALFREDO MIRALLES,
Rcspondent
CASE NO.: CESD20 I 20003627
THIS CAUSE came on for 24,2413, on the Respondent's
Motion for Extension of Time,
premises, hereby GRANTS the
, and being duly advised in the
Based upon the 162, Florida Statutes, and
Collier County Ordinance No. 201
That the Respondent's Motion for a period of 150 days (March 23,
20t4).
The Respondent is to vacate the unpermitted areas of the structure until such a time that the structure is in
a permitted state.
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 lirnited to appellate
review olthe record created within. Filing an Appeal shall not stay the Board's order.
DONE AND ORDERED this 3t day ot()fufufiO|3 ar Collier County, Florida.
DA
B
before the Board
the
rsuant to the
ORDERED:
BY
ENFORC
LIER
DVVIGHT E. BROCK, C OF COTJRTS
34104
Drive
i
16.A.7.b
Packet Pg. 1262 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
*** oR 4982 PG 2953 ***
STATE OF FLORIDA )
)SS:
coLrNTY OF COLLIER)
I HEREBY CERTIFY that a true
Miralles, 108 White Way, Immokalee,
My commission
CERTIFICATE OF
has bccn sent by U. S. Mail to Alfredo
2013.
Board
2t0
EXPIRES Fobruory t4. 2017
G BAILEY
i EE875121
(23e)
who is
License as identification.
16.A.7.b
Packet Pg. 1263 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
INSTR 4999043 oR 5051 PG 814 RECoRDED 6/23/20L4 4:46 pM pAGEs 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18. 50
CODE ENFORCEMENT BOARD
COLLIER COTINTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
ALFREDO MIRALLES,
Respondent
CASE NO.: CESD2O 120003627
{:}
;.,- - -*-.,!" i
THIS CAUSE came on for
Fines/Liens on May 22,2014,the
thereupon issues its Findings of
l. On May 23,2013,found to be in
Collier Counf.v Land Development 10.02.06@XlXa
located at 108 White Way, Immokalee,
and 4, in that certain subdivision known as the
Book 2, Page 102, ofthe Public Records ofCol lier2, An Order rvas entered on June 3,2013,which was recorded in
Florida at OR4931, PG I665, et. seq. on June I 1,2013.
er'sMotion for lmposition
ve to all appropriate matters
04-41, as amended, the
covered the real property
more particularly described as Lots 3
map or plat thereof as recorded in plat
the Public Records of Collier County,
las
*J
3' An Affidavit_of Non-Compliance was filed with the Board by the Code Enforcement official onApril l, 20 I 4, which Affidavit certified under oath that the required conectire action has not been taken as ordered.4. An Affidavit of Compliance was filed w-ith the Bbard by the Code Enforcement omciat o, april :0,2014' which Affidavit certified under oath that part ofthe required conective action has been taken u, trj"..o.5. The violation has been partially abated as of May 27 ,2013,
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter I 62. Floridastatutes. and collier county ordinance No. 200744, as amended. it is herebl, ORDERED:
L Petitioner,s !t-o1ion for Imposition of Fines/Liens is granted.2' Daily fines of $250.00 per day are assesse_d against thi Respondent for 60 days for the period fromMarch 24, 2014 toMay 22,2014 for a total amount of finei of $ts,o00.do. 'lvr !r'! Perrur
The previously assessed operational costs of$80.86 have not been paid. The operational cost, a.e$64.34 for this hearing.4' Respondent is ordered to pay fines and costs in the total amount ofsl 5,145.20 or be subject to Noticeof Assessment of Lien against ail properties owned by Respondent in coilier Courry, Flprida. -
16.A.7.b
Packet Pg. 1264 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
*** oR 5051 PG 815 ***
DONE AND ORDERED tfris 4
STATEOFFLORIDA )
couNTY oo aorrrr*1)tt'
The foregoing instrument was acknowl
Code Enforcement Department,
release of lien or confirmation of
may also be obtained at this
2014 at Collier County, Florida.
LINTY
Drive
Florida 104
of
Counry, Florida, who is
s License as identification.
d'r'J&"h<-,
Nr
a
APPEAL: Any aggrieved party may
ofthe execution ofthe Order appealed.
review ofthe record created within the
transcribed record ofthe hearing from the Clerk of
Board's Order.
or confirmation
CERTIFICATE OF SERVICE
681 Goodlette Road N., Ste.2l0
Naples, Florida 34012
(239)263-8206 S,aio0i rr.rrJa
county of colllER
.4
rnay
4
(30) days
appellate
obtain a
the
RDER has been sent by U. S. Mait to Alfredo
2014.
Bar No. 7503 I I
'be paid at the Collier County
fax # (239) 252-2343. Any'the obligations of this Order
I HEREBY CERTIFY that a true and correct coov of this
Miratles, 108 White Way, Immokalee,FL 34t42this 4 day of
t
MY COMMTSSTON #
KAREN G
EXPIRES
D.C.
OI
Court within rhirty
but shall be
Filing an
16.A.7.b
Packet Pg. 1265 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
rNSTR 4851"524 OR 4931- PG 1-665 RECORDED 6/LL/2Oa3 10:24 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $35.50
a)
vs.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,CASE NO.: CESD2O120003627
ALFREDO MIRALLES,
Respondent
THIS CAUSE came on for public and the Board,having heard
testimony under oath, received matters, thereupon issues its
Findings of Fact, Conclusions of
l. That Alfredo Miralles is
2. That the Code and that the
Respondent, having been duly into a Stipulation
3. Thatthe Respondent was and by posting.
4. That the real property located 34142, Folio 35540080005, more
particularly described as Lots 3 and 4, in GLENNDALE, according to the map or
plat thereof as recorded in Plat Book 2,Page of Collier County, Florida, is in viotation
of Ordinance 04-41, as amended, the Collier County Code, Section 10.02.06(BXI)(a) in the
following particulars:
A carport that was enclosed and converted into living and an attached laundry room with electric and
plumbing, replaced windows and doors all constructed without first obtaining the authorization of the required
permit, inspections and Certificate of Occupancy as required by the Collier County Land Development Code.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance
No. 0441, it is hereby ORDERED:
That the violations of Ordinance 04-4 l, as amende d, the Collier County Land Development Code, Section
10.02.06(BXl)(a) be corrected in the following manner:
l. By obtaining all applicable Collier County Building Permits or Demolition Permit through required
inspection and certificate of completion/occupancy within 120 days (September 20,2013).
the Board on May
to all
at
ofthe date
wuy,
16.A.7.b
Packet Pg. 1266 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
oR 4931 Pc l-666
2. By turning oflutilities for all rmpermitted living space rvithin 24 hours and remaining unoccupied until
the building pennit or demolition permit has received a Certificate of Occupancy.
3. That if the Respondent does not comply with paragraph I of the Order of the Board by September 20,
2013, then there will be a hne of$250.00 per day for each day until the violation is abated.
4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 24,2013,
then there will be a fine of$250.00 per day for each day until the violation is abated.
5. That the Respondent is to notifr Code Enforcement olficials that the violation has been abated within
24 hours ofabatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
6. That if the Respondent fails to abate the violation, the counfy may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sherif?s OfIice to enforce
the provisions ofthis order and all costs of to the properfy owner.
\r.{-i
7. That the Respondent is
Case in the amount of $80.86 within 3
Any aggrieved party may
the execution of the Order
review ofthe record created
DONEAND
i,"
STATE OF FLORTDA )
)SS:)
couNTY oF coLLrER)
The foregoing instrument was acknowtedged before me this 3 aay of
in the prosecution ofthis
Court within thirty (30) days of
shall be limited to appellate
FIorida.
DA
Drive
104
Board of County, Florida, rvho is
License as identification.
KAREN G BAILEY
MY COMMISSIoN # 8E875t21
EXPIRES February 1 4, 2017
s
a
NOT Y PUBLIC
My commission expires:_
State ol Florida
-ountY ot COLLIER
a to tle
de
CODE
a true and
k?',a:s
COURTS
16.A.7.b
Packet Pg. 1267 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
oR 4931 PG 1667
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy
Miralles, I 08 White Way, Immokalee, FL 341 42this ;l_day of
M.
Bar No. 75031 I
has been sent by U. S. Mail to Alfredo
2013.
Attorney for the Code Enforcement Board
681 Goodlette RoadN., Ste.210
Naples, Florida 34102
(239)263-8206
1
t
?
t
l
J
I
16.A.7.b
Packet Pg. 1268 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
*** oR 4931 PG 1668 ***
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
VS.
Alfredo I\/iralles
Case No. CESD20120003627
Respondent(s),
STIPULATION/AG REE M ENT
a hearing is currently scheduled for May 23,efficiency in the administration of the code
enforcement process; and to obtain a q of the matters outlined therein the
parties hereto agree as follows:
1) The violations noted in the and I stipulate to their existence
THEREFORE, it is agreed between
i:
1) Pay operational costs in the
days of this hearing.
of this case within 30
2) Abate all violations by:ing Permit(s) or Demolition
120 days of this hearing orPermit, inspections, and Ce
a fine of $250.00 per day will be
3) Turning off utilities for all unperm
unoccupied until the building
of this hearing and remaining
has received a certificate of
completion/occupancy or a fine of 250.00 imposed untilthe violation is abated
d) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the lnvestigator perform a site inspection to confirm compliance.
(24 hours notice shatl be by Phone or fax and made during the workweek. l, lhe violatioh is abated 24 hours prior lo a Saturday, Sunday or legal hotiday, then the
nolili€tion must be made on lhe next day that is not a Saturday, Sunday or legal holiday.)
5) fhil if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Offlce
to enforce the provisions of this agreement and all costs of
owner.
assessed to the prope rty
COMES NOW, the undersigned, Alfredo Miralles, on behalf of himself enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CESD20120003627 dated the 12th day ofJune, 201&
ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
i '-'
ri,
aba(ement shall be
0r-b'
Respo
,*-/rY- (,V
n)Diane Flagg, Director
Code Enforcement
5.r5.\3
or
of Violation are
all required Co
Co
untilthe
ce
Dai6
(print)Date
REV 1t2t13
!
16.A.7.b
Packet Pg. 1269 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles)
INSTR 4999043 oR 5051- PG 814 RECoRDED 6/23/2OL4 4:46 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,CASE NO.: CESD2O 120003627
vs.
ALFREDO MIRALLES,
Respondent
THIS CAUSE came on for public
Fines/Liens on May 22,2014,the
therer.rpon issues its Findings of
{"}
..'"|
er'sMotion for Imposition
ve t0 all appropriate malters
04-41, as amended, the
lation covered the real property
, more particularly described as Lots 3
the map or plat thereof as recorded in plat
l. On May 23,2013,
Collier Countv Land Development
located at 108 White Way, Immokalee,
and 4, in that certain subdivision known as
Book 2, Page 102, ofthe Public Records ofColl
found to be in
r 0.02.06(BXl
2. An Order rvas entered on June 3,2013, which was recorded in the public Records of Collier County,Florida at OR 4931, PG 1665, et. seq. on June I l, 2013.3. An Affidavit,of Non-Compliance was filed with the Board by the Code Enforcement official onApril l, 20 I 4, which Affidavit certified under oath that the required coneitive action has not been taken as ordered.4- An Affidavit of Compliance was filed with the Board by the Code Enforcement Official on aptt :0,2014' which Affidavit certified under oath that part ofthe required corrective action has been taken as oidered.5. The violation has been partially abated as of May 27 ,2013 .
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter | 62, Floridastatutes, and collier county ordinance No.200744, as amended, it is hereby oRaERED:
1 . Petitioner's Motion for Imposition of Fines/Liens is granted.2. Daily fines of $250.00 per day are assessed against the Respondent for 60 days for the period from
March 24, 2014toMay 22,2014 for a total amount of fines of $15,000,d0.
. 3' Thepreviouslyassessedoperationalcostsof$80.86havenotbeenpaid. Theoperationalcostsare
$64.34 for this hearing.4. Respondent is ordered to pay fines and costs in the total amount ofSI5,l45.20 or be subject to Noticeof Assessment of Lien against all properties owned by Respondent in Collier County, Florida. - --'--'
16.A.7.c
Packet Pg. 1270 Attachment: Lien Order (11342 : BCC v. Alfredo Miralles)
*** oR 5051 PG 815 ***
DoNE AND oRDERED this 4
STATEOFFLORIDA I
couNTY oo aorrrr*r"t'
The foregoing instrument was acknow
the
Code Enforcement Department,
release of lien or confirmation of
may also be obtained at this
APPEAL: Any aggrieved party may
ofthe execution ofthe Order appealed.
review of the record created within the
transcribed
2014 at Collier County, Florida.
Drive
Florida r04
County, Florida, who is
License as identifi cation.
be
u',tlt n-,
B
or conhrmation
order of the
paid at the Collier Counfy
# (239)252-?343. Any
obligations of this Order
00
a
fax
the Circuit Court rvithin thirry (30) days
novo, but shall be limited to appellate
lity of the appealing part,v to obtain arecord ofthe hearing from the Clerk of Fiiing an Appeal rvill not automatically stay the
CERTIFICATE OF SERVICE
not be a
It isitho
Board's Order,
I HEREBY CERTIFY that a true and correct coov of this
Miralles, 108 White Way, Immokalee,FL 34l42this 4 day of
R has been sent by U. S. Mail to Alfiedo
2014.
Bar No. 75031 I
681 Goodlette Road N., Sre.210
Naples, Florida 34012
(239)263-8206 S,aigoi r,.1Ja
County of COLLIER
t"J lJ,
I HEREBY CE{.iT
correct cop[ !.1 a
Board Minutes
a true and
County
thisr4&rya?#&
CLERKOFCOURTS
t'
MY COMMISSION
KAREN G
EXPIRES
DWIGHT E.
D.C
16.A.7.c
Packet Pg. 1271 Attachment: Lien Order (11342 : BCC v. Alfredo Miralles)
16.A.7.d
Packet Pg. 1272 Attachment: Executed release (11342 : BCC v. Alfredo Miralles)