Agenda 12/08/2020 Item #16A39 (Releasing Code Enforcement Liens)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve the release of two code enforcement liens, with an accrued value of
$431,700.23 for payment of $46,270.60 in the code enforcement actions titled, Board of County
Commissioners v. Iris Labrie, relating to property located at 266 6th St W., Collier County,
Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release two code
enforcement liens with an accrued value of $431,700.23 for payment of $46,270.60 in relation to Code
Enforcement Board Case No. CESD20l30006l7l and Code Enforcement Special Magistrate Case No.
CEPM20180015446.
CONSIDERATIONS: As a result of various code violations, the Code Enforcement Board and the
Code Enforcement Special Magistrate ordered the imposition of two (2) liens against Iris Labrie for
property located at 266 6th St. W, Collier County, Florida.
The lien in Case No. CESD20l30006l7l consisted of an expired permit without obtaining a Certificate of
Completion. The lien was recorded in the Official Records on October 20, 2014, at O.R. Book 5086,
Page 2253. The lien amount of $343,776.23 is based on 2,291 days of accrued fines ($150 per day from
May 14, 2014 through September 2, 2020) $343,650 plus $126.23 in operational costs. The violation was
abated on September 2, 2020, by the new owner.
The lien in Case No. CEPM20180015446 consisted of an unsecured vacant dwelling with open windows,
roof damage, and the property not being properly maintained. The lien was recorded in the Official
Records on December 31, 2019, at O.R. Book 5712, Page 1278. The lien amount of $87,924 is based on
333 days of accrued fines ($250 per day from October 6, 2019 through September 2, 2020) $83,250 plus
$224 in operational costs, and abatement costs of $4,450. The violation was abated on September 2,
2020, by the new owner.
The property was acquired by Gus C. Panos and Jennifer G. Panos, via Warranty Deed recorded on
August 18, 2020. Pursuant to Resolution No. 2012-46, a request for a reduction of fines may be
considered, in part, when a lien encumbers property under new ownership, 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. After the home was demolished, the Panos’s began to build their new
forever home on the property. It took substantial amounts of time and money, with extensive follow up
with County departments relating to permits, demolition of the home, new construction costs, and
architect fees. The property is actively maintained, and the owner has paid $46,270.60 in settlement of
fines. The owner is requesting a waiver of $385,429.63 in accrued fines. There are no known code
violations remaining on the property.
FISCAL IMPACT: Payment of $46,270.60 in settlement of fines and costs have been received. If
approved by the Board, accrued fines in the amount of $385,429.63 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. JAK
RECOMMENDATION: To waive the remaining fines in the amount of $385,429.63, accept payment
16.A.39
Packet Pg. 2059
12/08/2020
of settlement amount of $46,270.60, and authorize the Chair to sign the attached releases and satisfaction
of liens for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. New Owner Letter (PDF)
2. Lien Orders (PDF)
3. Signed Releases (PDF)
4. Backup Documents (PDF)
16.A.39
Packet Pg. 2060
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.39
Doc ID: 14136
Item Summary: Recommendation to approve the release of two code enforcement liens, with an
accrued value of $431,700.23 for payment of $46,270.60 in the code enforcement actions titled, Board of
County Commissioners v. Iris Labrie, relating to property located at 266 6th St W., Collier County,
Florida.
Meeting Date: 12/08/2020
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
11/03/2020 12:16 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
11/03/2020 12:16 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/03/2020 12:47 PM
Code Enforcement Colleen Davidson Additional Reviewer Completed 11/03/2020 12:49 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 11/03/2020 2:23 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 6:01 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/04/2020 9:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/04/2020 9:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 11:00 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2020 8:56 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:26 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.A.39
Packet Pg. 2061
WOODS.WEIDENN/ILLER
N/ICHETTI . RUDNICK
September 24,2020
Via Certifled Mail and Electronic Mail: I liana. B urgosa(,co llierco untvll. gov
Board of Collier County Commissioners
c/o lliana Burgos. Operations Supervisor
3299 Tamiami Trail East, Suite 303
Naples. FL 34112-5746
RE: 266 W. 6rr'Street. Bonita Springs. FL 34134 (Parcel lD: 55901120005) (the "Property")
Satisfaction of Code Enforcement Liens
Dear Ms. Burgos and the Board of Collier County Commissioners:
This lirm represents Mr. Gus G. Panos and Jennilbr G. Panos (collectively referred herein
as "Owner"). Owner recently purchased the Property that closed on August 14, 2020. Upon
receiving a title commitment and lien search report for the Property, our office became aware of
several outstanding code enforcement liens against the Property:
I . Code Enforcement Case No. CESD2Ol3000617l (as further referenced in Official Record
Book 5025, Page 168 and Book 5086, Page 2253) ("Case No.6171");
2. Code Enforcement Case No. CENA20180009974 (as further referenced in Official Record
Book 5639, Page 2258) (''Case No. 9974"):
3. Code Enfbrcement Case No. CEPM2Ol800l5,146 (as further referenced in Official Record
Book 5621 , Page I 687 and Book 5712, Page I 278) ("Case No . 5446");
4. Code Enforcement Case No. CEPM2O190011460 (as further referenced in Official Record
Book 5726. Page3249) ("Case No. 1460");
5. Code Enlorcement Case No. CEPM2O160012781(as further referenced in Offlcial Record
Book 5343. Page 868) ("Case No. 2784"):
6. Claim of Lien in favor of Scott G. Leeka as further referenced in Official Record Book
5768, Page 1203) ("Case No. 2784") ("Leeka Ctaim").
Fines lor Case No. 6171, which calculated through September 10,2020, are $34,1,976.23
and began lo accrue on May 27, 2015, which should be abated as of September 2, 2020 (See
Certilicate ol'Occupancy at Permit No. PR4D20200832814) and in accordance should be reduced
appropriately by the per diem fee ol$150.00. Fines for Case No. 9974, which calculated through
September 8,2020, are $3,697.25, and which violation has been abated. Fines lbr Case No. 5446.
which calculated through September 10,2020, are $89,924.00 and began to accrue on October 6.
I 239.325.4070
16.A.39.a
Packet Pg. 2062 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie)
Page 2 of 3
September 23, 2020
2019, which should also now be abated as of September 2,2020. CaseNos. 1460 and 2784both
carry a $0.00 balance and have been abated. There were also several expired and/or voided permits
assisted with the Prope(y (Nos. 2001041543,1999031789,910004858, and 20120101674) and it
is our understanding that, since demolition ol the Property has been finalized and certillcate of
completion issued, this should no longer be an issue. Ifnot, Owner is requesting that these permits
be formally closed.
Owner. after purchasing the Property, took immediate action to begin demolition and the Board of
Collier County Commissioners ("Board") issued a certificate of completion less than one month
after closing (see above). Pursuant to Resolution No. 2012-46 (4), a settlement ofthe above code
enforcement cases can be considered after the Director of the Code Enfbrcement Department
evaluates the following factors: (1) the fine/lien amount is fixed and no longer accruing on a
periodic basis (correct); (2) the underlying violation(s) resulting in the llne/lien has been abated
or corrected (correct); (3) history of violations involving the offering party (N/A); (4) for code
enforcement liens and fines on a property that has new otvnership, fines that accrued prior
to transfer of title and thirty days following transfer of title would be considered for waiver
so long as the new owner has diligently pursued abatement and compliance has been
achieved; (5) the extent to which payment ofthe full lien amount would impose a severe financial
hardship ol the property owner; tines accrued by an existing owner would be considered fbr a
waiver as long as the existing owner has diligently pursued abatement and compliance has been
achieved: and (6) the amount recovered will equal or exceed the costs and expenses incurred by
the County in prosecuting the violation and obtaining, recording, and enforcing the flne/lien
(correct).
Owner did not purchase the Property until August 14,2020. Accordingly. remirting
payment lbr the full lien amounts u,ould pose a significant llnancial hardship on Owner. As llnes
that accrued prior to transfer of title to Owner and thirty (30) days following transfer of title can
be considered for waiver, Owner respectfully requests the following from the Board:
Case No. 617l
. Partial waiver in the amount of $294.976.23.
r Full and complete release of lien. Owner shall remit a settlement payment in the amount
of$50.000.00 and shall be responsible ior any and all costs incurred by Collier Count) in
processing the release of lien and further withdrawal of this violation.
Case No. 9974o Full and complete waiver in the amount of $3,697.25.o Full and complete release oflien. Owner shall be responsible fbr any and all costs incurred
by Collier County in processing the release of lien and further withdrawal ofthis violation.
Case No. 5{,16. Full and complete waiver in the amount of $89,924.00.o Full and complete release oflien. Owner shall be responsible loranyandall costs incurred
by Collier County in processing the release oflien and further withdrawal ofthis violation.
Case No. 5446
16.A.39.a
Packet Pg. 2063 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie)
Page 3 of 3
September 23, 2020
Full and complete release and satisfaction of lien. Owner shall be responsible for any and
all costs incurred by collier county in processing the release of lien and further withdrawal
of this violation.
Case No. 5J{6
Full and complete release and satisfaction of lien. owner shall be responsible fbr any and
all costs incurred by collier county in processing the release of lien and further withdrawal
of this violation.
Lccka Claim
Please find attached letter from Mr. Leeka, which claim of lien Owner satisfied at
closing.
If you have any questions, comments or require additional information in consideration for
this request, please feel free to contact me. Thank you very much for yourtime and consideration.
Very truly yours,
Woods. Weid Mic . & Ruclnick. LLI'
Josh udnick, Esq.
JDtujaa
CC: Client
Samuel F. Colbum scolbum6la wfirmnaples.com
r:Vudnick\p\panos\code enforcemcnt lctcr to cq.docy
16.A.39.a
Packet Pg. 2064 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie)
September 15,2020
Property Address:
266 w 6th st
Bonita Springs
John Conneta went above and beyond in herping me with the issues on this property. He had been
trying to herp rris La Brie for severar years to resorve the probrems with the property. rt is rare to find
someone in his position that cares about peopre and the issues they face in rife. He shourd be
nominated for some form of accoladel Life would be so much easier if people conducted their difficult
jobs in a manner like he does.
Sincerely,
Scott Leeka
239-206-7927
Dear Iliana Burgos,
Thank you for speaking with me on Monday, september 14, 2020. Just to recap our conversation...
My wife and I have known lris La Brie for several years. she is an elderly widow that lost her husband in
2006, due to a car accident, that also left her physically disabled and financially strapped. ln May of this
year, she confided in us that she was about to rose this property for fairure to pay the property taxes for
the last 3 years. we decided to step in and see what we courd do to herp her. Upon research of the property,
we also discovered the fines and penarties, that were arso accruing. we agreed to rend her the money to pay
for the property taxes, with the stipulation that the property be sold, as she could no longer afford to keep
going like this. Her income is solely social security. lthen met with John conneta, with code Enforcement
and decided how to begin sorving the numerous probrems with the property. r was abre to find a buyer,
Gus Panos, that was wi[ing to work through afl the issues rerated to this property. The property was sord
to him on August !4,2020 and was quickly demolished by Hoch Demolition (case #cEpM20180015446).
A new certificate of occupancy was placed on the property by John conneta. The buyer, Gus panos, will be
reaching out to work through the settlement.
16.A.39.a
Packet Pg. 2065 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie)
rNsTR 5810118 oR 57L2 PG l-278 RECoRDED L2/3L/20!9 L1:L3 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc J27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. {EPM20t80015446
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs,
IRIS LABRIE,
Respondent.
THIS CAUSE came bd
for Imposition of Fines/Liens
respective to all appropriate
ofthe Special Magistrate, as fo
5. Daily fines
to Decamber 6,2019(62
!t (:61
TE
e
ind
the Petitioner's Motion
having heard argument
sions of Law and Order
s:
AND
1. Respondent, IRIS LABRIE,
Bonita Springs, Florida 34134, F s60
o
property located at 266 6d Street W,
o
2
3
On April 5, 2019, Respondent was found guilty ofviolation ofthe Collier County Code of Laws
and Ordinances, Chapter 22, Article VI, Section 22-23 l( I 2)(c),22-ZZ8(I) and 22-242 which
occurred on the subject property.
An order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 5, 2019, or a fine of$250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (See attached copy ofthe Order,
recorded at Collier County Records, OR 5621 PG 1687).
Previously assessed operational cosb of$112,30 incurred by the County in the prosecution of
this case and the abatement costs of$4,450.00 incurred by the County in boarding up the
property haye not been paid.
4
r day may be assessed against Respondent for the period October 6, 2019
days) for a total amount oftines of$15,500.00, Fines continue to accruo.
6
$50.
Respondent, having been duly noticed for rhe public hearing regarding the county's Motion, didnot appear at the public hearing and no legal defense 1o the Moiion wis presentej.
16.A.39.b
Packet Pg. 2066 Attachment: Lien Orders (14136 : BCC v. Iris Labrie)
oR 5712 PG L279
E,
I, Cr/stal ; (i
D. Respondent shall
7 No Request for Re-hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely filed.
8. The violation was not abated as of December 6, 2019, the date Pctitioner's Motion was heard
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 HEREBY ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
Daily fines of$250.00 per day are assessed against Respondent for the period from October
6, 2019 to December 6, 2019 (62 days), for a total amount of frnes of$15,500.00. Fines
continue to accrue.
C, Respondent shall nal cosls ofSl12.30 and the
abatement costs boarding up the property.
B
Respondent is
to Notice of A
Respondent in Col
DONE AI\D ORDERED this
for,Collie, county
Li
i)
a
tt
st
y ofDecember
m position of Fines hearing in the
t of $2!JZ4q0 or be subject
an4 personal, owned by
Collier County, Florida.
EOLLII9,R COUNTY COD
SPECIAL MAGISTRATf,
E ENFORCEMENT
a tle r;rd @.led
ent Di
2440, or www.coll[e,rgov.net.
satisfaction of the obligations
Clert
AC. G o
Any fines ordered to be paid pursuant to this order may be paid at the Collier
vision,2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
Any release of lien or confirmation of compliance or confirmation of the
ofthis order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order ofthe Special Magisaate to the circuit court
within thirty (30) days of the execution of the order appealed. An appeal shall not be aheaing de novo
but shall be limited to appellate revie\tr of the record created within the original hea ng. It is rhe
responsibility ofthe appealing party to obtain a transcribed record ofthe hearing fiom the Cleik of Couts.
Filing an Appeal will not automatically stay the Special Magistrate,s Order.
amoutrt of$111.70i /'*-_---.J_i
16.A.39.b
Packet Pg. 2067 Attachment: Lien Orders (14136 : BCC v. Iris Labrie)
*** oR 5712 PG 1280 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MACISTRATE, has been sent by U.S. Mail on this l9 day ofDecember,20l9lo Respondent, Iris Labrie,
PO Box 2365, Bonita Springs, FL 34133.
Code ial
-)
(I'l\
,d4nqs
16.A.39.b
Packet Pg. 2068 Attachment: Lien Orders (14136 : BCC v. Iris Labrie)
rNsrR 5042204 oR 5086 PG 2253 RECORDED LO/2O/2O1'4 8:01 aM PAG€S 2
DWIGHT E. AROC(, CLERK OF THE CIRCUIT COURT' COLLIER COUNTY FLORIDA
REc J18.50
COLLIER COUNTY CODE ENFORCEMENT
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No. - CESD20l30006l7l
BOAR"D OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petiliorler,
vs.
IRIS LABRIE,
RespondenL
I,R CO!.LJ
THIS CAUSE carne befor!
Fines/Liens on Scptember 25, 2014,
appropriate ma$ers, hereupon issf es
upon Petitioner's Molion for Imposition
argu ment respective to all
Board, as follorvs:
County Land Dcvelopment Code
I
f
I
l. On March 27,2014, Rc rvas found guilty of
04-41, as amended, Sectio 6(BX l)(A) for Perm
Certificate of Complction o
6th St W, Bonita Springs, FL,
101674 expirod without obtaining
witnessed, which v occured on the propeny located at 266
120005
o
: LITTLE HICKORY SHOR-ES
T'NIT2 BLK E LOT I8 OR I53 tta
2. An Otdcr \ras cntered by the Code Enforcemenl Board ordcring Respondent to abate the violation on or
bcfore May 26, 2014, or a fire of$ 150.00 per day would bc asscssed for each day thc violations continue
thereafrer until abatemcnt is confirmcd. (A copy ofthe Order is recorded at OR i025 pc 168).
3. Operational costs ofs63.?4 incurred by the County in rhe prosccution ofthis case were ordered to be paid.
4. Respondeot, having been duly noriced forrhe public hearing regarding the County's Motion, did not appear
at the public hearing, and no legal defense to the Motion rvis prcsented.
5. No Request for Re'hearing or Appcal pursuanr to ordinance 2007-44, as amendcd, has been timcly filed.
6. The violation has not been abated as ofthe date ofthe hearing.
ORDER
- Ba:e! lqon lhe foregoing Findings-ofract, and pursuant to the aurhority granred in chapter 162, FroridaStatutcs, ard Collicr County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
A. Petitioner's Motion for lmposition ofFine&/Liens is granted.
B' D.airy-fines of $ 150 00 per day are assesscd against thc Respondents for r 22 days for the period behveenMay 27, 2014 to Seprembet Z5,2Ot4 (t22 dirys) for a rotat'fine sm;uni of S t g,:OO.OO
./,/
(
I
16.A.39.b
Packet Pg. 2069 Attachment: Lien Orders (14136 : BCC v. Iris Labrie)
*** oR 5086 PG 2254 ***
C. Respondcnt shall pay thc previously assesscd operalional costs in the amount of$63.74.
D. Respondent shall pay operational costs for the lmposition of Fines hcaring in the amount of $62.49.
E. Rcspondent is ordered to pay fines and costs in rhe rotal amount ofg.!Ll2q23 or be subject to Notice of
Assessmcnt ofLien against all propertics orvned by Respondent in Colliar County, Florida.
F. The daily line ofsl50.00 shall cootirue to ac€rue until abatement has been confirmed by a Collicr County
Codc Enforcement Investigator.
DONE AND oRDERED this 13 da y o@lfoffiouar colier coqrry, Frorida.
STATE OF FLORIDA
couNTY oF coLLrER)
N
me
NO
My co nEx
MENT BOA
e Drive
104
ou , Florida, who is
's Llcense as identification
R
-- 1<:,/;)>
\,__
n
-:/;/
)
)ss,
ay
KAREN G BAILEY
MY COMMISSIoN { E8875121
EXPIRES F.b'uaIY 11, 2017
PAYMENT OF FINES: Any fines
Code Enforcemcnt D€partment, 2800
rvww.colliergov.nct. Any release of li
be paid pursuant to may be paid at rhe Collier County
4104, Phone: (239) 252-2440, Website:
or confirmalion ofthe satisfaction ofthe
CERTIFICATE OF SERVICE
en or
B
APPEALi Any a8gr,icved party may appeal a final order of(he Board to rhe Circuit Cou( tyithin thirry (j0) days ofthecxecurion ofthe orde, appealed. An appeat-shall notte a hearing de novo, but shall be limired ro;piailt.' -'
revielv ofthe record created within tie original hearing. It is the responsibirity of ttre appearing partyi;li;;a
transctibed rccord ofthe hearing from rhc Clerk ofCourts. Filing an Appeal ivill not automatiluity iroy it . rio".a',Order.
obligalions ofthis Ordcr may also bc oblaired
I HEREBY CERTIFY that a true and correcr c opy of this ORDE becn sent by U. S. Mailto lrisLabrie, P. O. Box 2365, Bonita Springs, Florida 34 -Ba"y"20t4.
State cl FJorida
Lynne Nicola,qurre
Florida Bar No. 968900
Attorney for the Code Enforcement Board
681 Goodlene Road N., Ste. 2lO
Naples, Florida 340t2
(239) 26t.f909
2
Y
DE ENFO
LLIER
C
v
16.A.39.b
Packet Pg. 2070 Attachment: Lien Orders (14136 : BCC v. Iris Labrie)
16.A.39.c
Packet Pg. 2071 Attachment: Signed Releases (14136 : BCC v. Iris Labrie)
16.A.39.c
Packet Pg. 2072 Attachment: Signed Releases (14136 : BCC v. Iris Labrie)
Iris Labrie
Case CESD20l30006l7l
266 6'h St W, Bonita Springs, FL 34134
Folio # 55901120005
Permit PRBD2Ol20l0l674 expired without obtaining CO
Order ltems: $150/day find. x 172 days (May 27, 2014 - September 25,2014\ = $18,300, plus operational
costs of$63.74 plus IOF operational costs of$62.49
Total Fines: $18,426.23
FOF Order OR 5025/PC 168 recorded on 4/9/14
IOF Order OR 5086/PG 2253 recorded on l0/20114
Y iolation abated: 9/2120
Fines accrued after IOF:
Order ltems: $150/day fine x 2,169 days (September 26,2014 - September 2,2020) = $325,350.00
Total Fines Owed: $343.776.23
Deed recorded on 8/18/20, and case is in compliance as of 912120
Case Cf,PM2O180015446
Unsecured dwelling, roofdamage, property not being maintained
Order Items: $250/day fine x 62 days (October 6, 2019 - December 6,2019) = $15,500, plus operational
costs of $l 12.30 plus IOF operational costs of $1 I I .70, plus abatement costs (boarding) of$4,450.00
Total Fines: $20,174
FOF Order OR 5621/PC 1687 recorded on 4l24l19
IOF Order OR 57lzlPc 1278 recorded on l2l31/19
Violation abated: 9 12/20
Fines accrued after IOF:
Order Items: $250/day fine x 27 I days (December 7, 20 I9 - Septemb er 2,2020) = g67 ,j 50
Total Fines Owed: $87J24
Deed recorded on 8/18/20, and case is in compliance as of9/2/20
16.A.39.d
Packet Pg. 2073 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
NA
Case C
Lien OR
reduced:AJ.i','',, R.\.qse
egetative debris and nrisc. litter
6t8n9
I 514.40 : 53729.40 ($50,000
Olfer ofsettlement: $46,270.60 ($41'470.37 fine + $126.23 CESD20l30006l7l costs + $4,674
CEPM20l800l5446 costs)
ACCRUED VALUE: $431.700.23
PAYMENT OF: 546270.60
TOTAL FINES TO BE WAMD: $385.429.63
16.A.39.d
Packet Pg. 2074 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
Collier County
Growth Management Division
2800 Horseshoe Drive N
Naples, FL 341A4
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Pa id:
Amount Due:
Payment Details:
Amount Pa id:
Change ,/ Overage:
Contact:
FEE DETAILS:
Fee Descriotion
Code Enforce ment Board
Cashier Name:
Batch Number:
Entered By:
2020777677
2020-087975
t0/06/2020
$325,350.00
Pavment Method
Check
Reference Number
cESD20130006171
Amount Paid
$23,770.37
GL Account
111- 13891 1-354400
$23,77O.37
$0.00
Woods, Weidenmiller, Michetti & Rudnick
9045 Strada Stell Court, Suite 400
Naples, FL 34109
oriqinal
Fee
$ 32 s,3 s0,0 0
Amount
Paid
$23,r7O.37
Check Number
74232
Richa rd Koenigsknecht
95 36
IlianaBurgos
16.A.39.d
Packet Pg. 2075 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
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 Descriotion
Operational Costs (CEB)
Operational Costs (CEB)
Code Enforcement Board
Cashier Name:
Batch Number:
Entered By:
2020777674
2020-082922
L0/06/2020
$t8,426.23
Pavment Method
Check
Reference Number
Amount Paid
$t8,426.23
Check Number
t4232
GL Accou nt
$t8,426.23
$0.00
Woods, Weidenmiller, lvlichetti & Rudnick
9045 Strada Stell Court, Suite 400
Naples, FL 34109
cE5D20130006171
cESD20130006171
cEsD20130006171
Oriqinal
Fee
$63.74
$ 62,49
$18,300,00
Amount
Paid
$63.74
$62.49
$ 18,30 0,0 0
111- 138911-354400
111- 138911-354400
1 11- 13891 1-354400
Richard Koen igsknecht
9536
KerryAdams
16.A.39.d
Packet Pg. 2076 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Numberr
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / Overage:
Contact:
FEE DETAILS:
Fee Description
Operational Costs (SM)
Clear Lot
Operational Costs (S14 )
Cashier Name:
Batch Number:
Entered By:
2020777672
2020-082920
L0106/2020
$4,674.O0
Pavment Method
Check
Amount Paid
$4,674.00
Check Number
74232
GL Account
$4,674.0O
$0.00
Woods, Weidenmiller, Michetti & Rudnick
9045 Strada Stell Court, Suite 400
Na ples, FL 34109
Reference Number
cEP[.120180015446
cEPM20180015446
cEPM20180015446
Oriqinal
Fee
$112.30
$4,4 50.0 0
$111.70
Amount
Paid
$112.30
$4,4s0.00
$ 1 11.70
111- 138911-343922
111- 138911-343908
111- 138911-343922
Richa rd Koen igsknecht
9536
HelenBuchillon
16.A.39.d
Packet Pg. 2077 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
Details Page 2 of3
14134
Property Summary Property Oetail Aerial Sketches Trim Notices
Parcel No 55901 120005
Name / Address PANOS, GUS C=& JENNIFER G
266 6TH ST W
City BONITA SPR|NG5
BONITAtttt ttv sPRlNGs
Site Zone
"Note
Site 266
Address 6TH ST*Disclaimer W
Map No.
3A05
Section
5
Range
25
Strap No.
468400 E 183A05
Acres *Estimated
0.37
Township
48
Zip 34134
Legal LITTLE HICKORY SHORES UNIT 2 BLK E LOT 18 OR 1539 PG 249
MillageAreaO 170
Sub./Condo 468400 - LITTLE HICKORY SHORES UNIT 2
Use Code O 1 - SINGIE FAMILY RESIDENTIAL
Latest Sales History
(Not all Sales are litted due to Confidentiality)
Date Book-Page Amount
o8/14/2O 5803-1569 $ 1,250,000
06122190 1s39-249 $ 0
06/01/78 736-1',t62 $ 0
03/01/65 190-417 S 0
Millage Rates O *Calculations
School Other Total
5.016 5.7924 10.8084
2020 Preliminary Tax Roll
(Subje.r to Change)
Land Value g 604,485
(+) lmproved Value g 161,154
(=) Market Value $ 765,639
(-) Save our Home $ 357,367
(=) Assessed Value $ 4OA,Z7Z
(-) Homestead $ 25,000
1=1 School Taxable Value $ 383,272
(-) Additional Homestead $ 25,OOO
1=1 Taxable Vafue $ gSa,ZTZ
It all Valuer shown above equal O this parcel was created after the
Final Tax Roll
http://www.collierappraiser.com/main_sealclVRecordDetail.html?sid:596985281&ccpave... 911812020
State FL
16.A.39.d
Packet Pg. 2078 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
Name of Requestor: Jacalyn Hendricks
Company: Paradise Coast Title & Escrow
Date: August 7,2020
Our Department received a request for a payofffor property address:
266 6'h St W
Folio Number:
5s901120005
Owner's Name:
Iris Labrie
Soecial Notes: lt rs strongly recommended that you check the Public Records of collier county for more
,iorm"tion regardtess of th6 iesults below. This and other offices may have items pending against this
;r#,!-;" ;;;;_ a pubtic records request via the internet, visit the colier county cterk of courts
Website at www.collierclerk.com.
TYPE (ex. OSM, CEB) CASE #
CESD20130006171: OPen case for
expired permit
Order OR 5025 PG 168
Lien OR 5086 PG 2253
Violation remains
C[,NA20180009974: Lot mowing
and litter removal
Lien OR 5639 PG 2258 - 618/19
Violation atrated
CEPM20180015446: OPen case for
unsecured dwelling with oPen
windows, roof damage and the
property has not been maintained
OrderOR562l PG 1687
Lien OR 5712 PG 1278
Violation remains
Continued to Page 2
AMOIINT OWED
5/+#761{ carcu lated th rou gh
5not2o
. $126.23 Operational costs
. $150.00 per da1 lor 2.299 days ^ 1
Tfrom 5!27114 ro9flfr/frT : 1l
=s344,850.00
Fines will continue to accrue dailv
until abatement has been confirmed
by Collier Counti Code Enforcement.
$3,697.25 calculated through 9/08/20
. $3,21 5,00: Lien amount
. $482.25: lnterest accrue
$89 calculated through 9/I0/20
$224.00 Operational costs
$4,450.00 Boarding costs
$250.00 per day for 341 daYs ql
(lrom l0/6/ I
-$85.250.00
9to9/
Fines will continue to accrue daily
until abatemcnt has been confirmed
by Collier County Code Enforcement.
Interest will continue to accruc at I 7o
monthly until paid in full.
(-
16.A.39.d
Packet Pg. 2079 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
CEPM20l900l 1460: Koi pond is
not being properly maintained and
the water in the pond is green in
color
Order OR 5726 PG 3249
$0 Balance
. Operational costs paid
o The motion for imposition of
tlnes/liens was denied. No fines
were imposed.
Violation abated
CEPM20160012784: Koi pond is
not being properly maintained and
the water in the pond is green in
color
Respondent's motion for
continuance granted - Order OR
5343 PG 868 and case withdrawn
$0 Balance
o No hearing/Case was withdrawn
Violation abated
lnformation Provided By:Marie Cheri
Please make check payable to Collier County Board of County Commissioners (CCBCC)
Our mailing address is: Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples, FL 34104
C ?F-(-"Itt
16.A.39.d
Packet Pg. 2080 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
265 5TH 5T \ij
Hrrtoric O,&ner LABRIE, lRlS, Addre15rPO 8OX 2365
Hrstonc O\rner LAARIE, tRIS,ACd.tst:POgOX 2365, Phon
l.ll'toflc Owner LABRIE, lRI5, AdC.et5:pO 8OX 2365, Phon
IIE-Par.el No.
Add.e!s(es)
lsssor rzooos
Vllw Atcr:s on tht5 P.oorrw Open Al.rtsi O Add a ncw q!!!g! or b!:E!!: to Addr.J! Eook
Show Me
Date PardArrE!rnt Amourn PdidFeIywReference Nurrier
CESO2n 13,1n06 L:1
$ 320.00
3 :.600. n0
5 100.00
s 95.00
Opcrational Costs (CEB)
Clear Lot
NA Lren Admin
Operatronal Costs (51'1i
cle.r Lot
cENA:018in899?{
- E!l'!-li=i -i! :
c EP r,r20 r 30015 445
C ENA201q00,l g6 7,1
PR8O2012n101674
0. 11/01r'2019
s 13.10 0
$ ?50.00
5111.80
perational Cort5 (Sl"1,i
DeL .<ca
CEFt!20180015{.16 Oper.tionaltosts(51"1)
CEPt12Drentr54.l5 Specral Magictrate
Operational Coets (SI'1)cEPM20190D 11460
Structural Fee - Re5rdentral - Applceticn (Vai,Jdi.o" =
s 0.00
Codc Eoforcement Board
9 11A.AO 0l/27/2otzs1.l0.r'10
NA Admin ($1.00)
5 r.t. ! r-1
Lot Mowing
Lot Dtow!ng
Clear LotC E l,l,i:01S 0 i'l99i {
C E NA2018 0 (r09971
5 111.70 5 0-00.
< 1q snn nn < n nn
I 9,oo .
$ 0,00
. . ! 0100,
_
5 0.00
5 111.70 S 111.7
+ i n\ c'rcst
$ 4,450.00
Amount Owing I Amount Pard 5.t 1,815.2 3 s1,676.80
De:cription
L
Quantity Jr.oo
Fec Paydble?
Entersd By
Fcc Pard,
Kerry Adams Oate Due
Date Ent.red 0?3v 20 r 4
Paymerts
Anoi,,rt Paid I Aco,ytt i Pattr,elt Mc,thod C$eck i ] Rc.-n r Baicn s lTrarsecironl 0.1c Faid
Paid Ey / Is
Property Information
Re fre sh
PANOS, GUS C &]ENNIFER G,
.60nita sprinqs6th sr
I
I
opc..tio[al Costs (cEB)
\
I
I
l
l
(
i 53.74 $ 0.00
I
I
I
I
16.A.39.d
Packet Pg. 2081 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
I
INSTR 5910038 oR 5803 PG 1669 RECoRDED 8/Lq/2929 2io1 PM PAGES 2
Zi;Ri oF-iii cfRcurr couRT rt'lo cor'lprnorr-eR, coLLrER couNTY FLoRTDA
ooco. zo $e,zso.00 REC $18.50
coNs $1,250,000.00
Prcpared bv
'Sam J Saad UI
Lav Office ofsam J Saad I1l
2670 ArrpottRd S
Naples, FL 34112
(239) 963-163s
Frle No 2020-t 1547
Conslderatron $ 1,250,000 00
Parcel Ideohficahon No 5590t 120005
Ah.vc T!6 Lff For Reol(ll!3
Subject to taxes for 2020 atrd subs
hmrtatrons of record, lf any
Together with all the tenements,mcnts aod
WARRANTY DEED
, not yet due and
or rn anywrse apPedalnlng
ts, restrrctlons, easements, reseryatlons and
And GraDtor hereby covenants wlth the Grantees that the Grantor rs lawfully serzed ofsald land ln fee simple, that Gmntor
has sood nsht atrd lawful authonty to sell and convey sald land and that the Gmntor hereby fully wsrrants the htle to sard land and
wrlliefend-the same agamst lbe lawful clalms ofall persons whomsoevcr
To IIAVE AND TO HOLD the same rn fee
F .No 2020-11547 Page I of2
(ST,\TUTORY FORM _ SECTION 689 02, F S )
husband atrd wife,
Grantees
Witnesseth,
rn Colher County, Flonda, to-wrt
Lot 18, Block E, Urut No ! ! ,i*l
16.A.39.d
Packet Pg. 2082 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
iil ol.,58o3 pe 7670 ***
In Witness Whereof, Granlor has he'€unto set Grantot's hand and seal the day and year first above '*Trtten
Stgned, sealed and dellered n our pr*ence
WA
Wltness #l Slgnatur
PnntedN
Name
STATE OF FLORIDA
COUNTY OF COLLTER
Irrs LaBrte
tr'
gesence or ( ) onhn" no*-,ron *," I 4 Jk, o'
The foregotng
August, 2020,
mstrument was aclarowledged befole me
LaBne
SI Pubhc
PEnt, T,?e/StamP Name o f Notaty
Persooally K:rown
--
OR
T)!e ofldentrficatron
Produced
I f-
*1
tl.ftt (_rU
SA[i J SAAD III
* GC 227713
@o}t't 12.in22
F cNo 2020-1154?
WarrrntY Deed Page 2 of2
I
1.
il
16.A.39.d
Packet Pg. 2083 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
Bu oslliana
From:
Sent:
To:
Cc:
Burgoslliana
Monday, September 28,2020 'l'0:22 AM
'Samuel F Colburn'
Jrudnick@ lawf irmnaples.com'; Jandrews@lawf irmnaples.com';
'strombley@lawfirmnaples.com'; DavidsonColleen
RE: Code Enforcement Letter: 266 W. 6th Street, Bonita Springs, FL 34134Subject:
Good morning Samuel,
The offer ofsettlement has been accepted as the recommendation for BCC approval.
S50,000 offer
3 7 29.40 NA lien (OR 5639 PG 2258). Release of lien will be processed
546,27O.60
546,270.60 547,470.37 fine + $126.23 costs for case CESD20130006171 + 54,674 costs for case CEPM20180015446)
Once the payment is received, we will continue to move forward with seeking BCC approval to reduce the fines and
release the lien for cases CESD2O130006171" and CEPM20180015446. ltems that are added to the Board of County
Commissioners' meetings are reviewed by 5 levels including the County Attorney's Office and the County Manager's
Office. Any item can be pulled from an agenda at any time.
Please forward the payment at your earliest convenience.
Checks are made payable to Collier County Board of County Commlssioners (CCBCC) and sent to to my attention at the
address below:
lliana Burgos
Code Enforcement
2800 N Horseshoe Dr
Naples, FL 34104
Please contact me if you have any questions.
Respectfully,
lliana Burgos
Operations Supervisor
urit.
Collier County Code Enforcement Division
Growth Management Department
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-6865
lliana.Burgos@ colliercountvfl.sov
NOIf; Emoil Address Hos Chonged
'HOW ARE WE DOING?" Pleose CLICK HERE to fill out a CUSTOMER SURVEY.
wc aPPrcclate aour ftedbackt
1
16.A.39.d
Packet Pg. 2084 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
COLLIER COUNTY
BOARD OF COUNTY GOMMISSIONERS
GERTIFICATE OF COMPLETION
This Certificate is issued pursuant to the requirements of the Florida Building Code certirying that at the time of
issuance this structure was in compliance with the various ordinances of the county regulating building construction
or use. For the following:
PERMITNBR: PR8D2020081281401 CO NBR:STATUS: Finaled
COMP ISSUED DATE:September 02, 2020
266 6lh S'I W. Bonua Springs
SUBDIVISION:
LOT:B LOCK:T.R.S
SLUC CODE:UTILITY COMPANY:
JOB DESC: Com plete demolition of house and driveway
266 6th ST Vy', Bonita Springs NUMBER O F METERS:
OWNER: LABRIE, IRIS
LEGAL DESCRIPTION
LITTLE HICKORY SHORES UNIT
2 BLK E LOT 18 0R 1539 PC 249
Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to
the building or property described. A new certificate voids any cerlificate or prior date.
CO TYPE:
ADDRESS:
16.A.39.d
Packet Pg. 2085 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
col-l-t ER col-r :{Ty. }'LoRlDA
OT'I'ICg OI''THE SPECIAL MAC ISTRATE
osM cAsE No. cEPM2ol E00 r s{J6
COI-I-IER COIJNTY
BOARD OF COtiNTY COMMISSIONnRS. PetitioDer
lris l,abrie. l)etendan((s)
SI'AI1] OtI ILORIDA
COI JNTY Of COI-I-IER
BUFORti M['.. thc undersigned authoritl. personalll appeared John Connetta. Code Enfbrcenrent Ol]lcial for the
Hearing before the Special Magisrate o1 ( ollier Coung'. who after bcing fulll sworn. dcposes and says:
L That on April 5'r'2019, the Special MaSistrate held a hearing and issued an Order in rhe above-sD.led matler
and stated that Defendant(s) rvas to abate all violations as stated in the Order ol the Special Magistrare
recorded in the public records of Collier Counq, Florida in OI{ Book 5621 PCl687.
1. 'l'hat the respondent did contact the investigator
3- 'l'hat a re-inspection was perhrnnetl on Ssptember 2"d.2020.
,1. That the re-inspection(s) revealed that the correctiyc action ordered b1 the Special Magistrate rvas in
compliancc by Obuining Collier County Dernolition Perm ir #PI{8D20200832S 140 I and removing the
structure l'rom the propcrty. I)emolition permit was Coed on Septcrnber 1,,,r, 1020.
I:URTHER ATFIANI' SAYI.]'I't I NOI'.
DATED this l"'i day of Septernber. 202Q
('ol_l-ll1R couN't y. [:l.oR.rr)A
AR ('l A MAGISI'RAI'I:
nnetta
C'forcernent Ofticial
J
STATE OF FI,ORIDA
COUNTY OIT COLLIER
Srtorn to (or aflrmed) and subscribed belbre nre this 2nd day-' ofSeptember 20]! b-v John Connena.
(Signature ofN olary Pu blic)
( Itrint 'TyperStam p Comm issioned
Namc of Notar_r Public )
iffi ELENA M G0\ZArZ
CommissionfGG 30i71{
Expi'es Matdl4,2023
6.nj.d r]!! gi!.t liobtY S{rt i
Peisonally known _
REV 1-14-16
.\NF I I),\\I IT OI' CO}IPLIA\C'E
16.A.39.d
Packet Pg. 2086 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
rNsrR 5810118 oR 5712 PG 1278 RECoRDED L2/3L/2Oa9 11:13 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLTER COUNTY FLORIOA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -{EPM20180015446
BOARD OT COUNTY COMMISSIONERS
COLLTf, R COUNTY, FLORIDA,
Petitioner,
vs.
IRIS LABRIE,
Respondent
for lmposition of FineVliens
respective to all appropriate m
ofthe Special Magistrate, as fo
FIN
l. Respondent, IRIS LABRIE, i the
Bonita Springs, Florida 34134, Fo .issSo i
hearipg upon the Petitioner's Motion
f Law and Order
OF
property located at 266 66 Stre€t W,
THIS CAUSE came
n1
S
(r()
TANDC N
2
ind
2 On April 5,2019, Respondent was found guilty ofviolation ofthe Collier County Code ofLaws
and Ordinances, Chapter 22, Article VI, Section 22-23 l(12)(c), 22-228(l) ar,d 22-242 which
occurred on the subject property.
An Order was entercd by the Special Magistrate ordering Respondent to abate the viol.tion on or
before October 5, 2019, or a fine of$250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (See attached copy ofthe Ordor,
recorded at Collier County Records, OR 5621 PC 1687).
Previously assessed operatiotral costs of $112.30 incurred by the County in the prosecution of
this case and the abatement cosb of$4y'50.00 incurred by the County in boarding up the
property have not been paid.
4
5. Daily fines day may be assessed against Respondent for the period October 6, 2019
to December 6, 2019(62 dsys) for a total amount of fine,s of$15,500.00, Fines continue to accrue
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 prescntcd.
6
having heard argument
16.A.39.d
Packet Pg. 2087 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
oR 57].2 Pc L279
E
I CnFtal;i. (i
D. Respondent shall a pay
amount of $111.
Respondent is
to Notice of A
,7 No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been
timely filed.
8. The violation was not abated as ofDecember 6, 2019, the date Petitioner's Motion vr'as heard
ORDER
Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
Daily fines of$250.00 per day are assessed against Respondent for the period from October
6, 2019 to December 6, 2019 (62 days), for a total amount offines of$15,500.00. Fines
continue to accrue.
C. Respondent shall pay the d;"6 onal costs ofSl12.30 and the
abatement costs of $4 dbv the boarding up the property.
B.
costs for today'sition of Fines hearing in the--.---J'
t of Sf!,f,!!Q! or be subject
Respondent in Col
DONE AND ORDERED this
{orrolligt county
, irug eid coarect
Clerk
AC.G o
Any fines ordered to be paid pursuant to this order may be paid at the Collier
Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, oi www.colllprgov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction ofthe obligations ofthis order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order ofthe Speci&l Magistrate to the Circuit Court
within thirty (30) days ofthe execution of the Order appealed. An appeal shall not be a hearitg de novo
but shall be limited to appellete review of the record created within the original hearing. lt is the
resPonsibility ofthe appealing party to obtain a transcribed record ofthe hearing fiom the Clerk ofCourts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Ststutes, and Collier County Ordinance No. 2007-44, as amended, IT IS TIEREBY ORDERED:
I
t.cl
ENtr'ORCEMENT
16.A.39.d
Packet Pg. 2088 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
*** oR 5712 PG 1280 r*r
CERTIFICATE OF SERVICE
I HEREBY CERTTFY that a true and conect copy of this ORDER OF THE SPECIAL
MACISTRATE, has been sent by U.S. Mail on this l9 day ofDecember,20l9 to Respondent, Iris Labrie,
PO Box 2365, Bonita Springs, FL 34133.
Code cial
ra
I,R C6-;
{li
w/'
4,\\1-
l,rf\
*------\'"
i
Il
16.A.39.d
Packet Pg. 2089 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
rNsrR 5702255 oR 5621 PG 1687 RECORDED 4/24/2OL9 10:23 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUMTY FLORIDA
REC $18. 50
COLLIER COUNTYCODE ENTORCEMENT
SPECIAI, M GISTRATE
Case No. - C8PM20180015446
vs.
BOARI} OF COUNTY COMMISSIONERS
COLLIER COTINTY, FLORIDA,
Pclitioncr,
IRIS LABRIE
Respordcnt.
oRt)
t:.(l {ji
E SPECI
(***1*-
ORDER
.,"\
E
THIS CAUSE came on fo
Special Magistratg having headt t
to all appmpriate maners,
follows:
bt ore Specia islrate on April 5,2019, and rhc
and hcard argument respeclive
of thc Special Magistrate, as
r
u
J-
Fo
th
{,
GS
fo
N
rowne
5
bjsu
rh
RI
was
t,
t
h
Rcsponden
Responden
Magislrate
2.
as f
f
o
o
n
fied
tocl
LA
no
risd
ti
S
uj mail and posting and the Special
3- Respondent, having been duly notified, did not appcar at the public hearing.
4. The real property located at 266 6d street west, Bonita springs, FL, Folio #5590r r20005 is inviolation ofcollicr county t aw-s-& ordinances, chaptei22, -Articlc vr, Sectio n zz-zltiixil,
Section 220228(l ) and Section 22-242 in the follorving particulars:
Unsecurcd vacsnt dwclling with opcn windows, roofdamagc and thcproperty is Eot bcing properly mairltaired.
5. The violation has not b€.en abated as ofthc datc ofthe public hearing.
. Bascd upon the foregoing Findings orFact and conclusions ofLaw, and pursuant ro theadhoritygranted ir cbapter 162, Florida statutes, ard collicrcounty ordinan"" No. zooz<q,;amended,it is hercby ORDERED:
A. Respondent is found guirq/ of vioration ofcolier countv rnws and ordinances, chapter22,Arricle VI, Seclion Z2-Z3t(12\{c), Section 22-228( t) a nd Scctioo 22_242.
i
16.A.39.d
Packet Pg. 2090 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
+** oR 5621 PG 16,88 ***
B
c.
D.
D
Respondent must abate the violarions by obtaining the requircd collier county building permil or
demolition permit, all inspections and a cenificate ofcompletion/ occupancy on or befirc May
5, 2019 or a fine of$250.00 per day will be imposed for each day lhe violation rcmains
thereafter untit the violation is abated.
Alternatively, ifa boarding certificate is obtained and lhe structure is boarded on or beforc April
12, 2019, then the time required to completc the repairs, inspcctions and a Certificate of
Completion/ Occupancy will bc extcnded to and must be completed on or before October 5,
2019 or a fine of$250.00 per day rvill be imposed until the violation is abated.
lfRespondent fails to comply with this order, the collier county code Enrorccment Deparrmenl
may abate the violation on her behalfusing any method to bring the violation into compliaacc. lf
necessary, the county may request the services ofthe collier county Sherifls olfice ior the
purpose ofaccessing the propefty for abalcment and lo enforce ihe terms of this order. AII costs
ofabatcment shall be
Respondent is ordercd
$l12.80 on or beforc
assessed to the
to
{.:
may become a lien on lhe property.
on of this case in the amount of
nnetta. within 24 hours of
ed to confirm compliancc.
icr County, Ftorida.
DE ENFORCEMENT
TE
F. Respondent shall notify
abatement or compl
DONE AND ORT)
o
COL
SPE
NG
EAYMEJTIT oF IINES: Any fines ordercd to be paid punuanr ro this order may be paid at rhe collier
county code Enforcemenr Deparrment, 2800 Norrh Horseshoc Drive, Naples, FL-34164, phone # (239)
2.52'24j0, or lvwrv.Colliergov.net. Any release of lien or confirmation of compliance or confirmarion oi
thc satisfaction ofthe obligations of &is ordcr may also be obtained at this locaiion.
AI:IEAL: Any aggrieved party may appear a finar order ofthe spsciar Magistrate to thc circuit counwilhin thirty (30) day. of the execution of the order appealed. An ippeal shal-l not be a heari ng da novo,
but be limited to apPellate rcview ofrhe re.cord crcated within the original hearing- It is thc resionsibilityof thc appealing party to obtain a transcribed rccord of thc hearing irom the clirk of courrs.' Filing a'n
Appeal rvill not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SE RVICE
I HEREBY CERTIFY that a true and correcr copy of rhis ORDER OF THE SpECIn LMAGISTRATE has been sent by u.s. Mair ro IRrs r,aBRIE al p.o. Box 2365, Bonita Springs,
":.
".FloriQa this /4 dayof April 20t9.
L Coir.rK Xin-d,Clartlt C.uis h .nd t.r C.[i.r Cou,,ry
do he.6y al.tt insttum.nl b. tu.ani@r.(t
costs for
gator,
..i,x
Q,r
DeputCl,*
Code Enlorce OfIicial
--\
t
-,,1
\ .i. \.
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16.A.39.d
Packet Pg. 2091 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
(]OI,LI ER COUNTY. FLORIDA
CODE ENFORCNMENT BOART)
c'Et CASE t\o. c8sD20t30006t 71
COLLIIR COUNl-Y
BOARD OF COL,N'IY CoMMISSIONIIRS. Pcriiioner
lris l-abrie. Responden(s)
AFFIDAVIT ()I.' COMPLIA:\iCE
S1-ATtJ OF FLORIDA
cotJNt'Y oF cor_r.rr-rR
BEFORE ME. the undersigned authorily. personalll'appeared John Connetta. Code lr.nforcement Official for the Code
Iinlorcement Board of Collier Count). who aflsr being fully sworn, deposes and xys:
l. 'l'hat on March 27'r' 2014. the Code Bnlbrcement Board held a hearing and issued an order in thc above-styled
matter and stated that Delbndant(s) lvas to a!,ate all violations as stlted in the Order recorded in the public
records of Collier Count). Florida in OR Book 5025 PC 168. et. seq.
l. 'lhat the respondent didcontacl lhe in\lsligator
3. 'l hat a re-inspeclion was pcrlormcd on September 2,,,r- 2020.
'lhat the re- in spect ion( s) revealed lhat the corrective action ordered by the Code Enlbrcement Board rvas in
compliance by obtaining Collier c'ounn' t)emolition Perm it #1,RBD202008328 140I and removing thc
structure fiom the properly. Demolition permit rvas Cned on September 2d 2020.
,1
FURTHER AI"I- IANT SAYETH NOT.
Dated 2nd. September, 201!.
(si,qnature of Noran, Public)
(Print/fypc/Stamp Commissioned
Namc ofNotarv Public)
Personally'known !
COL c0uNTY. [it_ot{tDA
uo Rt)ODF] F,
Joh ncnil
C.forcement C)llic ial
S-I A E OF Ft,ORIDA
CoI:NTY OF COI-t-IER
Swom to (or afiinned) and subscribed beforc me this 2"d .September. 2OfQ by John Conncua.
.".t:.:i:;,.
ffi;
ELENAU GCIZI-:Z
comrrissi-"n, G3 l;;;1J
Errrre. $3i.-!4, ?023
&idea Tlir b"J;rr h.r&t S..r.{.
Rev 1-2,15
9a^^
16.A.39.d
Packet Pg. 2092 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
rNsrR 5042204 oR 5086 PG 2253 RECORDED ].O/20/2O].4 8:01 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT' COLLIER COUNTY FLORIDA
REc t18.50
COLLIER COUNTY CODE ENFORCEMENT
COLLIER COUTITY cOD ENFORCEMENT BOARD
Case No. - CESD2oI30006l7l
BOARD OF COUNTY COMMTSSIONERS
COLLIER COUNTY, FLORIDA,
Petltioler,
IRIS LABRIE,
Responden!
v5,
,\
THIS CAUSE carne befofi
Fines/Licns on September 25, 20 I 4,
appropriate matters, hereupon issles
i
ner's Motion for Imposition
argument respcctive to all
nt Board, as follows
County Land Development CodeOn Ma(ch 27,2014,$as found guilty of
04-41, as amended, Secti 06(8)( l)(A) for
Cenifi cate of Completion
6lh St W, Bonita Springs, FL,
IJNIT 2 BLK E LOT I8 OR I53 ?),.( lRL-.
-:.-'--r'"
upon
h
\.,
l.n
101674 expircd wirhout obtaining
$itnessed, which vio occuned on the properry located at 266
120005 ion: LITTLE HICKORY SHORES
2. An-Ordcr was entered bythe Code Enforccmenl Board ordering Respondent to abate the violation on orbefore May 26, 2014, or a fine of$150.00 per day would be assessei for each day the viotations continuc
thereaffer until abarement is confirmed. (A copy ofthe Order is rccorded at OR j025 pc 163).
3. Operational costs of$63.74 incurred by the County in the prosccution ofthis casc rvere ordered to be paid.
4. Rcspondent' having been dury noliced for the pubric hearing regarding the county's Motion, did not appear
at the public hearing, and no legal defense to thc Motion rvis prcsented.
5. No Rcgucst for Re'hearing or Appcal puBuant to ordinancc 2007-44, as amendcd, has been timcrv fired-
6. The violation has not been abated as ofthe date ofthe headng.
ORDER
^. nale! ygon the foregoing Findings ofract, and pursuant to the authority grarted in chapter 162, FroridaSlatutcs, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED;
A. Petitioner's Motion for ImpositioD ofFineylicns is grarted.
B P."ily-!n:r^ gf$ r 50.oo pcr day are^as-sess.d againsr rhe Respondenrs for r 22 days for the period betweenMay 27, 2014 to Sepr emb., 25,20t4 (122 days) for a toral fine amouni of S I g,fOO.OO
j
I
16.A.39.d
Packet Pg. 2093 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
*** oR 5086 PG 2254 ***
C. Rcspondelt shall pay the previously asscssed operational costs io the amount of$63.74.
D. Respondent shall pay operational costs for the Imposilion of Fines heaing in the amount of 562.49.
E. Rcspondent is ordercd to pay fines and costs in the rotal amounr ofg!E/823 or be subject ro Noticc of
Assessment ofLien against all propenies owncd by Respondent in Collier County, Florida.
F. Thc daily fine ofsl50.00 shall continue lo accrue until abatement has been confirmed by a Collier County
Codc Enforccment Investigator.
DoNE AND oRDERuo ttris 13 as y o@@ourr colier counr& Ftorida.
STATEOFFLORIDA )
COI.,INTY OF COLLIER)
ps;:'jc)
\: i(
MENT
104N
Drive
, Florida, who is
ense as identification.
me
NO
My co
ayo
B
n
's Lb
PAYMENT OF FINES: Any fines bc paid pursuant to may be paid at the Collier County
Code Enforcement Department, 2800 4104, Phone: (239) 252-2,t40, Websire:\.$lv.colliergov.net. Any release oflien or or con firmalion ofthe satisfaction ofrhe
obligations oftiis Order may also be obtained
I HEREBY CERTIFY that a true and correcr c opy of this ORD has bccn sent by U. S. Mail to lrisLabrie, P. O. Box 2365, Bonira Springs, Florida 34 _Q,day o 20t4
APPEALi Any aPgr-icved party may appcal a final ordcr ofthe Board ro rhc Circuit Court within thifiy (30) days ofthelxecution ofthe-ordcr appealed. An appeal.shall notts a hearing de novo, but shall be limired to ipprr[t" '
revierv ofthe record created within rhe original hearing. Ir is the restonsibiriry orrhe appcarirg party i; !i;; atraDscribcd rccord ofthe hearing from the Clerk ofCourts. Filing an Appeal ivill not urio.utiJuity Jtny rt" no2,atOrder.
CERTIflCATE OF SERVICE
Slzle oi Flcrida
Lynne Nicola,utre
Florida Bu No. 968900
Attomey for the Code Enforcement Board
681 Goodl.tre Road N., Ste. 2lO
Naples, Florida 340t2
(239) 261-6909
2
KAREN G BAILEY
MY COMMISSION { EE875121
EXPIRES Fcb'uarY ld. 2017
Y
E ENFO
LLIER
C.
\r"t*
16.A.39.d
Packet Pg. 2094 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
rNSTR 4966228 OR 5025 PG 168 RECORDED 4/9/20L4 9:22 Ar.l PAGES 2
DWIGHT E. BROCK, CLER( OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18. 50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Petitioncr,
IRIS LABRIE,
Respondent
THIs CAUSE came or for public
That lris hbrie is the oivner
That the Code Enforce
CASE NO.: CESD2ol30006l7l
tie Board on 2014, ard the Boar4 having heard
apdrgprisrc matters, lhcr€upon issues iB
llows:..
F
lestimony under oath, Eceived cvidcncc,. alld heard Tspecfive lo all
Findings of Fac! Conclusions of t:w, and Ordcrpf the Board, as fo
o
Respondent, having bctn duly ed to appear at th lic
spondcnt and that tie
I ard by posting-
t.
4
3. That the Rcspondent wa5 of the date ofheari
That rhe rcal prcp€rty w.,B Florida 34134, Folio 55901 120005,
more particularly dcscribed as HORES, LJNIT 2, according to the plat
thercot recoded in Plat Book 3, at Page 79,er County, Florida is in violaaion ofordinance
04-4 I , as amcnded, the Collier County lrnd Development Code, Section I 0.02.06(BX I [a) in thc following
particulars:
Permit PRBD20l20l0l674 expircd without obIaining Cenificateof Complerion.
5. The violation has not been abatcd as ofthe date ofthe public hearing-
ORDER OF THE BOARD
Based upon tte foregoing Findings ofFact ard Conclusions oflaw and based on the authority graltted in
Chapter 162, Florida Statures, ard Collicr County fuinance No. 2007-44, as amended it is hercby ORDERED:
l. That the Rcspondent is in violation ofordinance 044l, as amended, the Collicr County hnd
Development Code, Section 10.02.06(BXIXA).
2. That thc Respondcnt must obtain all rcquired Collicr Coulty Building PcrmiG or Dsmolition Permi!
inspections, 8nd Certilicate of Completiodoccupancy wilhin 60 da)s (May 26,2014) ot a finc of$l5O.O0 p€r day
will be imposcd until thc violation is abated.
3. Ifthe Respondent fails to comply with this Order, tle Collier Couty Codc Enforcemenl Depaltrn€nt
may abate lhe violalion using any melhod to bring (hc violation into compliance. lfneccssary, the County may
I
16.A.39.d
Packet Pg. 2095 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)
,** oR 5025 PG 169 ***
,equest tie servicrs of$c collicr couty sheriffs office for the putPose of acccssinS the property for abatcment.
All costs ofabatemcnt shall b€ assessed against the ptoperty.
4. The Respondent is ordered t; Pay all opsrational cosls incurred in lhc prosecution of tiis
Casc in thc anount of$63.74 within 30 days (Aptil 26' 2014).
5.RespoodcntshallnotirythecodeErtforcementtnvestigtorwithin24housofabatcmentor
compliance so that a final inspection may be performed to confirm compliancc'
DoNE AND oRDERED rhis 3\ dav of M[vC] . zotl,t collicr countv, Florid&
2
BOARD
Drive
day of
t04
, Florida, who is
s laiccflse as identification
My commission ,i
EAJ!4E!E-QE!!& AnY fines
Code Enforremenl Depart nenl 2800 N
rclease oflien or conlirmatioo ofcompliance
may also be obtained at this location.
may bc paid ar the Collier County
341c , faxi (239) 252-2343. Ary
satisfaqtion of lhc obligations of this fficr
APPEAL: Any agSrieved party may appeal a final order ofthc Boald to oe cinuit court within thirty (30) days
6iGllGurion oiGe Order appealed. An appeal shall not be ahatiulg de novo,but shall bc limited to appellate
rrview ofthe record crtatcd wi0in thc origiral headn& lt is the rcsponsibility ofthc appcaling Party to obtain a
transcribed record of t}e hearing fiom rhe clcrk ofcouis. Filiflgan APpeat \xill not automatically stay the
Boatd's order'
.ERTTFI.ATE oF sERvrcE
I HEREBY CERfiFY thar a truc Erd correct copy ofthis ORDEB has b€crl scnt by U' S' Mail to lris
tabrie, P. O. Box 2365, Bonila springs, Florida 3a I3a rhis 3\ day of y'\A(r Lkr 2014.
Stale ol Florrda
County ot CoLLIER M.J
Florida Bar No. 75031 I
Attorn€y for the Code Enforcement Board
681 Coodlette Road N., Ste. 210
Naples, Florida 34102
(239')263-8206
KAREN G BAILEY
MY COMMISSION ' EE875I2I
EXPIRES Fokuary 14.2017
OLLIER CO
ENFO
Kau
D!!
STATEOFFLORIDA )
)SS:
corJNTY OF COLLIER)
16.A.39.d
Packet Pg. 2096 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)