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Agenda 09/14/2021 Item #16A48 (Release of Code Enforcement Lien for 3061 Lunar St.)09/14/2021 EXECUTIVE SUMMARY Recommendation to approve a release of a code enforcement lien with an accrued value of $43,400 for payment of $2,450, in the code enforcement action titled Board of County Commissioners v. Jantina Jo Hanna, Code Enforcement Board Case No. CESD20190008083 relating to property located at 3061 Lunar St, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement lien with an accrued value of $43,400 for payment of $2,450 in relation to Code Enforcement Board Case No. CESD20190008083. CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the imposition of a lien against Jantina Jo Hanna in Case No. CESD20190008083 for code violations at 3061 Lunar St, consisting of an unpermitted garage, accessory structure, and mobile home with extensive interior modifications without first obtaining a Collier County building permits. The lien was recorded in the Official Records on April 5, 2021, at O.R. Book 5920, Page 3896. The lien amount of $43,400 is based on 124 days of accrued fines ($350 per day from November 20, 2020, through March 24, 2021) totaling $43,400. The property was brought into compliance on March 24, 2021. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. When Ms. Hanna received the code violation, it was in part, due to her misunderstanding of the governing regulations and how they applied to the residence. During this time, the process was further delayed due to her compassion to provide a safe haven for those overcoming addiction and coming to terms with the need to evict the tenants to meet the occupancy requirements. Once the violations were understood, and the steps required to achieve compliance, the necessary permits to demolish the garage and accessory structures were obtained. It took substantial amounts of time and money with extensive follow-up, permit fees, and inspections to come into compliance. The property is being actively maintained and $2,450 has been paid in settlement of fines. Operational costs of $59.49 were paid on March 24, 2021. The owner is requesting a waiver of $40,950 in accrued fines, see attached hardship letter as required. There are no known violations at this time. FISCAL IMPACT: Payment of $2,450 in settlement of fines has been made. If approved by the Board, accrued fines in the amount of $40,950 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. - CAK RECOMMENDATION: To waive the fines in the amount of $40,950, accept payment amount of $2,450, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division 16.A.48 Packet Pg. 1176 09/14/2021 ATTACHMENT(S) 1. Owner Letter Hanna (PDF) 2. Lien Order (PDF) 3. Backup Documents (PDF) 4. executed release (PDF) 16.A.48 Packet Pg. 1177 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.48 Doc ID: 16325 Item Summary: Recommendation to approve a release of a code enforcement lien with an accrued value of $43,400 for payment of $2,450, in the code enforcement action titled Board of County Commissioners v. Jantina Jo Hanna, Code Enforcement Board Case No. CESD20190008083 relating to property located at 3061 Lunar St, Collier County, Florida. Meeting Date: 09/14/2021 Prepared by: Title: – Code Enforcement Name: Dana Rarey 06/21/2021 10:20 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 06/21/2021 10:20 AM Approved By: Review: Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/21/2021 4:53 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 06/29/2021 9:05 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 08/10/2021 12:06 PM Growth Management Department Trinity Scott Transportation Skipped 07/13/2021 6:48 PM Growth Management Department Mike Bosi Growth Management Completed 08/10/2021 2:50 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 08/20/2021 2:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/20/2021 2:27 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2021 2:48 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2021 1:47 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/01/2021 11:30 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.A.48 Packet Pg. 1178 D 2375 Tamiami Trail N., Ste 306 Naples, FL 34103 www.DaviesDuke.com Offices: Naples, Fort Myers DAVIES:DUI(E Noel J. Davies, Esq. 239.216.2792 Noel. Davies@ DaviesDuke.com May 6. 2021 VIA EMAIL ONLY Michael Ossorio Division Director Collier County Code Enforcement 2800 Horseshoe Drive N. Naples, FL 34104 Michael.Ossorio@coll iercountyfl .gov Re: Jantina Jo Hanna - C85D20190008083 - 3061 Lunar Street Dear Mr. Ossorio: This Firm has been retained by Ms. Hanna regarding the above-referenced code enforcement matter. In follow-up to our telephone discussion, please allow this letter to serve as Ms. Hanna's formal good faith offer of settlement with respect to the outstanding fines, which is based on the following: (l) Ms. Hanna has abated all of the subject violations, has demolished the subject structures, and has reached full compliance as of March 24,2021. (2) Ms' Hanna shall comply with all governing Collier County codes, ordinances and regulations. (3) The subject extenuating circumstances relate to (a) Ms. Hanna's misunderstanding as to the goveming regulations and their application to the subject property; (b) Ms. Hanna's misunderstanding as to the nature of the subject violations and the scope of the remedies necessary to achieve compliance; (c) Ms. Hanna's confusion as to the hearing notices and the applicable COVID-19 procedures and protocols; and (d) Ms. Hanna's unfettered commitment to Code compliance going forward. Based on the foregoing, Ms. Hanna hereby offers to pay a total amount of Two Thousand FourHundred Fifty Dollars and 00/l00ths ($2,450.00), which represents one (l) week of Code Enforcement fines at the rate of $350.00 per day. Page I of2 16.A.48.a Packet Pg. 1179 Attachment: Owner Letter Hanna (16325 : BCC v. Jantina Jo Hanna) It is my understanding that all operational costs and other hard costs of the County relating to enforcement of this matter have been paid and that the current outstanding amount consists of fines only. Should there be any additional outstanding hard costs for the County's enforcement of this matter, Ms. Hanna hereby includes her offer to pay the cost of same in addition to the above- referenced settlement offer amount. Ms. Hanna respectfully requests that the above-referenced extenuating circumstances justify the reduction in her outstanding Code Enforcement fines and appreciates your consideration of this offer of settlement. Should you have any questions or concerns, please do not hesitate to contact my office. Thank you. Sincerely, DAVIES DUKE, PLLC NoelJ. Davies, Esq .ptJ"-;* Page 2 of 2 16.A.48.a Packet Pg. 1180 Attachment: Owner Letter Hanna (16325 : BCC v. Jantina Jo Hanna) , INSTR 6031281- oR 5920 PG 3896 RECoRDED 4/5/2OZL 4:08 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $27.00 COLLIER COUNTY CODE DNFORCEMENT CODE ENFORCEMENT BOARD Case No. * C8SD20190008083 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petltioner. i' .,'oi ) vs' ,'-/'- ' r'.- I). Jantina Jo Hanna, -./n/ .,"' . ,, td THIS CAUSE came before 2021, upon the Petitioner's Motion for received evidence and heard argument Conclusions of Law, and Order of the 1. On tuly 23,2020, theCode Enforcement Respondent, Jantina Jo Hanna, was Ordinance No. 04-41, as amended, Sections 10.02. St., Naples, FL, Folio No. 53352760003 (Legal the following particulars: Board (the "Board") for public hearing on February 25, Finesiliens, and the Board, having heard testimony under oath, appropriate mafters, hereupon issues its Findings of Fact, Findings of Fact, Conclusion of Law and Order. The lating Collier County Land Developmcnt Code, on the subject properly located at 3061 Lunar KELLY UNIT 2 LOTS 86 AND 87), in A mobile home that has had extensive interior arate garage building structure, and 8n accessory structure on the rear of this property and opproval from the County. required permittlng, inspections, 2. Tlre Board's written Order of July 23,2020, ordered abate the violations on or before August 22,2020, or a fine of $350.00 per day would be assessed for each day t[o"violations remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR BK5830i'PAGE 2400). 3. Thereafter Respondent filed a timely Motion for Rehearing of the July'ii,,'y'OjO'Ora.r, which was heard on September 24,-2020,and DEMED by the Board. " ./i {r 4. The Board's written Order of September 24,2020, DENIED the rehearing reqdest.grd ordered Respondent to abate the violations no later than November 19,2020, or a fine of 5350.00 per day upuld be assessed for each day the violations remained thereafter until abatement was confirmcd. (A copy otthe,Order is recorded at oR tiK 5831, PAGE 3982). -'r' 5. Respondenr, having been notified ofthe date ofhearing by certified rnail, posting and/or personal service, did appear at the public healing and contested the prior findings, the denial of the rehearing, and requested rnore time to corne into oompliance. 6. Prior operational costs previously incurred by Petitioner in the prosccution of this case in the amount of $59.21 have been paid. 7. Operational costs in the amount of $59.49 have been incun'ed by Petitioner for this hearing. 8. The violations have not been fully abated as of the date of this hearing. Pagc I of3 16.A.48.b Packet Pg. 1181 Attachment: Lien Order (16325 : BCC v. Jantina Jo Hanna) oR 5920 PG 3897 qoNcLUsroNS oF L.A,lv Based upon the foregoing facts, the Board makes the following Conclusions of Law: l. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Clrapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. Pursuant to Soction 162.09, Florida Stahrtes, Petitioner has demonstrated by the preponderance of the evidence that afcrued fines and costs shall be imposed against Respondent,)2!/" r,.r'. . ORDER:,!,rt i Based upon ttre ioreglr{rrg Findings of Fact and Conctusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutef, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: .z/- ,:' A. Petitioner's Motion for of Fines/Liens is GRANTED B. Daily fines of 5350.00 per are assessed and imposed against Respondent for 97 days for the period from November 20,2020, to 1, for a total fine amount of S33,950.00. C. Respondent shall pay operational total amount of $59.49. D. Respondent shall pay fines and costs amount of $34,009.49, or be subject to Notice of Assessment of Lien against all properties owned t in Collier County, Florida. E. The daily fines of $350.00 shall continue to I abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this A,C Oay STATE OF FLORIDA COI^'NTY OF COLLIER The foregoing instrument was acknowledged before me by means of$ this1dayoM,2O2l,byRobertKaufman,Chairofthe, Board Collier County, Florida. 2021 at Collier County, Florlda. or E online notarization, Code Enforcement gnature of Notary of Florida Commissioned Name of Notary Public (PrinVType/Stamp) -{Personally Known OR E Produced Identification Type of Identifi cation Produced- *d::l':::,3 HELEN BLTCHILLoN * "h::.,#. * Comnlssion # GG 104629 %S$iudi+ ExinesMay15,2o21 '/€of t'!(y' 8ory:ao t hii Bldgel Nolo'y swk e !i!"f mut aso be obtained at this location' PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.sov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this eriJgrtdI, Crystd K. Krnzcl, Oc[k Page 2 of3 16.A.48.b Packet Pg. 1182 Attachment: Lien Order (16325 : BCC v. Jantina Jo Hanna) *** OR 5920 PG 3898 *** I HEREBY CERTIFY thAt A Hanna,3048 Lunar St., NAPLES, FL CERTIFICATE OF SERVICE this ORDER has been sent by U.S. Mail to: Jantina Joq2021 Enforcement OfficialI.,} ,t i.l !'- './ ?r ,{}:tt /,,*y' \. l. \t . ,;, .r'" /' l. /\/*\€. j,. r'-, , ) .. ./ ..r.) . n"..,.. -r' t' ;l"J ''II !'\ lr 1''-/' ,? , 'r' i''-r'.\..t'4 ,' ) ...fi " li rr' :\'./.-: i: :1 \'t''\..,,|1. \. .l t' '..." ).t-?,,,./ {! \ f. \l.tII,}-t '.,^.J../'J.'/ Ia. '..:**i.J/ Page 3 of3 tL-l*Z^l& 16.A.48.b Packet Pg. 1183 Attachment: Lien Order (16325 : BCC v. Jantina Jo Hanna) Jantina Jo Hanna cESD20190008083 3061 Lunar St Naples, FL34ll2 Folio # 53352760003 Mobile home with unpermitted interior modifications, separate garage. and accessory structure order Items: $350/day fine x 97 days (November20,2020 - February 25,2o2l): S33,950.00 plus operational costs of $59.49 Total Fines: $34,009.49 FOF Order OR 5830/PG 2400 recorded on October 16,2020 Re-hearing Order OR 5831/PG 3982 recorded on October 19,2020 IOF Order OR 5920/PG 3896 recorded on April 5,2021 Violation abated: March 24,2021 Fines accrued after IOF: order ltems: $350/day fine for 27 days (February 26,z02l - March 24.2021) = $9,450.00 Total Fines Owed: S43.518.70 Deed recorded on 4/l ll16, and case is in complian ce as of 3l24l2l Fines for Owner: $43.518.70 Operational costs were paid Fines: $43.400.00 Offer of settlement: $2,450.00 Owner with Hardship ACCRUED VALUE: PAYMENT OF: TOTAL FINES TO BE WAIVED: $43.400.00 $2.4s0.00 $40.950.00 16.A.48.c Packet Pg. 1184 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) Collier County Growth Management Division 2800 Harseshoe Drive N. Naples, FL 34104 239-2s2-2400 RECEIPT OF PAYMENT Payment Details:Payment Method Cash Receipt Number: Transaction Number3 Date Paid: Amount Due: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Code Enforcement Board Cashier Name: Eatch Number: Entered By; 2021851680 202t-o496L3 06/07 /2O2r $33,950.00 $2,4s0.00 $0.00 HANNA, JANTINA JO 3048 LUNAR STNAPLES , FI 34712 Refer€nce Number cESD20190008083 Amount Paid Check Number $2,4s0.00 original Fee $ 3 3,9 s0,00 Amount Paid $ 2,4 50.00 GL Account 111- 138911-354400 Alina Ha rris 10099 HelenBuchillon 16.A.48.c Packet Pg. 1185 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) 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 Operational Costs (CEB) 202L826398 202t-02433r 03/24/202t $59.49 Pavment Method Cash $60.00 $0.s1 HANNA, JAN]TA JO 3048 LUNAR STREETNAPLES , FL 347T2 Reference Number cESD20190008083 Richard Koenigsknecht 9930 HelenBuchillon Amount Paid Check Number $60.00 orioinal Fee $s9.49 Amount Paid $ s9.49 GL Account 111- 13891 1-354400 Cashier Name: Batch Number: Entered By: 16.A.48.c Packet Pg. 1186 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) 3t9t2021 Collier County Property Appraiser Collier County Property Appraiser Prope?ty Sumniary Parce! No 53352760003 Name / Address HANNA, JANTINA JO 3048 LUNAR ST City NAPLES Site Address*Disclaimer 3061 TUNAR ST Site City NAPLES State FL Site Zone 34112iNqle Map No. 5A14 Strap No. 441400 865A14 Township 50 Acres *Estimated 0.18 Section 14 Range 25 Legal LAKE KELLY UNIT 2 LOTS 85 AND 87 Sub./Condo 4414OA - LAKE KELLY UNIT 2 UseCodeo 2 - MOBILE HOMES Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 04106116 s260-2108 $ 85,000 Millage Rates O *Calculations School Other Total s.ol 6 8.7919 13.8079 2A20 Certified Tax Roll Land varue (subject to change) 04118/02 3021-1397o4t18t02 30?l;l3.et08113198 24s1-86a2/24/98 2391-13't9 111O1193 1883-176105/01/83 19?2-1e06 1=y School Taxable Value $ 150,154 1=; Taxable Value $ 13g,54g lf all Values shown above equal 0 this parcel was created after the Final Tax Roll $o $o $ 15,500 $ 22,000 $o $ 2o,ooo (+) lmproved Value 1=; Market Value 1-1 10% Cap 1=; Assessed Value $ 118,482 $ 31,522 $ 150,154 $ 11,606 $ 138,548 https://www.collierappraiser.com 1t1 Millaoe Area o 82 16.A.48.c Packet Pg. 1187 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) *|* rNsTR 5250799 oR 5260 PG 2108 RECoRDED 4/\L/2Oa6 At4t AM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNry FLORIDA Doc@.70 t595.00 REc t10,00 coNs t85,000.00 TWO SEPARATE DISINTERESTED wlTNESSES Wtness Sig Printed Name:Cy Represepteti of the Estate ofJam decea Ihis lB!rum.nt Pepar€d by and rclum tol 4910 Norrh Temi.miT6il, suite 120 .3 a neessary incid.nt to the lulfllm6nt of@nditions 6nrern.d 'n a tdL insu.ane @mmilrenl issuad bv itc6:d{rq\t-JPsN Properly Appraisers Parael f D (Folio) Numbe(s) 53352760003 Frle No 01206-50917 SOC ts\r^.1r I {5TS WARRANTY DEEO Thl6 Warranty Deea, uaae fre -$!day ot April, 2016, by Cynthra lilarie Territl, a single person and Rene-Lynn Temll, a single person, andNidually and as Co-Personal Representatives o, the Estate of James Loomis, deceased, hereinafrer called the "Granto/', to Janllna Jo Hanna, a slngle person, whose post omce address is: 3048 Lunar St., Napl*, FL 341'12, hereinafler called the "Granlee" WITNESSETH: ThatFaid Grantor lor and in conside€tion ofthe sum of Eighty Five Thousand Dollars and No Cents (t8s,/OqOO) and other valuable considerations, receipt whereol is hereby acknowledged, horoby grants, Eargaing, sells, aliens, remises, releases, conveys and confirms unto lhe Grantee, al that certain land srtuatelfi 9ollier Counly. Flonda to w(,) Lot 86 and 87, Lake Kelryaonit 2. as per plal thereof recorded in Plat Book 3 and Page 93, in the Public Records of Collier County,.!lofi d'j. Wtness Signg!(e pnnted NartreJt)fLW ced drver license as ide sis nn Te Representative of the deceased ually and as ersonal Loomls,h State of Florida County ol Collier t , The fo.egoing instrument was acknowledged before me trrs -(!lday ot Apflr, 2016 by Cynthia l,larie Terr,ll, a single person and Rene-Lynn Tefiill, a single person. rndividually and as CcPersonat Reprosentalives of the Estate of James Loomis, deceased, who rs/are personally kiown to me or hay Printed Name: ErdlE ME 21, m17 Fil6 No: 01206-50917 lor l\,,|y Commission Expires (SEAL) hereby warrants the will detund the same laMul clarms of all seal the day and year frst 16.A.48.c Packet Pg. 1188 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) v$. COLLIER COUNTY, FI,ORIDA ("T}DE Ei\.I FORCC Mf, NT 8{}ARN (:EB CAsE NO. (:ASr)20tS0008083 COI-LIER COUNTY BOARD OF COUNTY COMMISSIONf.RS, Petitioner HANNA, JANTINA JO, Defendant(s) ArF! qs!, tr,pr coM PLTANCf, STATB OF I"I.ORIDA COUNry OF COT.LIIiR BEFORI ME, the undersigned aothorit]'. personalll appeared Joseph Mucha. Codr Enfcrrccment Official {nr the Code Enforcsflent Board of Collier County. uhi:r after being tblly sworn. depnses and sa3,s: l. That on March 26.2020. the Code Hnforcement Board held a hearing and issucd an Order in the above-sgled metter end sitated that Deftndant(s) was to abate all violations as statcd in the ()rder recorded in thc public records of L'ollier County. l"lurida in OR tsmk 5830-PC J40!. et. scq. 2. That the respondent did contact the investigator 3. That a re-inspection was perf'ormed on March 24.2$21. 4. That the re-inspection{s} revealed thnt the corrective arrtion urdered b1, thc {ods En{brcentcnt Board rvas in cornpliance by a permitted tJemolition of all the structures r:n the propert),. FURTHER AT:TIANT SAY[;TTi N(}1" DATED this 24 day of March. 3021 COLI-IIR CO( iN"IY, TI,()RIDA CODE ENF0RCI:MINT BOARI) {no SI"ATE OT FLORIDA COUNTY OT COLLIER and ofNotary Puhlic; {Prirt/Type/$tamp Llommissioned Namc of l\iolary Public) Offir:ial before nrc b1 rnerans ol';!physical presencr or _ online notariza{ion, :orfrh1.Joseph Mucha , tl.,,t ' ,.10.,$l' Personally known { this day of 16.A.48.c Packet Pg. 1189 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) GOLLIER GOUNTY BOARD OF GOUNTY GOMMISSIONERS GERTTFIGATE OF GOMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the tirne of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMITNBR: PRBD2020ll454930l CONBR: STATUS: Finaled CO TYPE: COMP ISSUED DATE: March 24,2021 ADDRESS: 3o6l Lunar ST, Naples SUBDIVISION: LOT: BLOCK: T.R.S.: SLUC CODE: UTILITY COMPANY: JOB DESC: We had to demo shed in the back of property as it is to close to the property line REV #I TAKE OUT ALL BUILDINGS ON PROPERTY INCLUDING MAIN HOUSE Clarification- Slabs to remain. 3061 Lunar ST, Building, Group Housing, Naples NUMBER OF METERS: OWNER: HANNA, JANTINA JO LEGAL DESCRIPTION LAKE KELLY UNIT 2 LOTS 86 AND 87 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 certificate or prior date. 16.A.48.c Packet Pg. 1190 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) rNSTR 6031-281 oR 5920 PG 3896 RECoRDED 4/5/2OZL 4:08 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $27.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - CESD2O190008083 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petltioner, - /' .,r'1 I )IVS. ../ut'r'" I .Iantina Jo Hanna, -.rJ ;, Respondent. THIS CAUSE came before 2021, upon the Petitioner's Motion for received evidence and heard argument Conclusions of Law, and Order of the Board l. On July 23,2020, the Code Enforcement Respondent, Jantina Jo Hanna, was Ordinance No.04-41, as amended, Sections I St., Naples, FL, Folio No. 53352760003 (Legal the following particulars: A mobile home that has had extensive interior an accessory structure on the rear of this property and approval from the County. 2. The Board's written Order of July ?3,2020, ordered Board (the "Board") for public hearing on February 25, Fines/Liens, and the Board, having heard testimony under oath, appropriate matters, hereupon issues its Findings of Fact, Findings of Fact, Conclusion of Law and Order. The lating Collier County Land Development Codc, on the subject propcrly located at 306 I Lunar KELLY UNIT 2 LOTS 86 AND 87), in 22,2020, or a fine of$350.00 per day would be assessed for abatement was confirmed. (A copy of the Order is recorded 3. Thereafter Respondent filed a timely Motion for Rehearing September ?4,2020, and DEMED by the Board 4. The Board's written Order of September 24, 2020, DENIED the rehearing to abate the violations no later than November 19,2020, or a fine of 5350.00 per each day the violations remained at oR BK 5831, PAGE 3982). thereafter until abatement was confirmed. (A copy garage building structure, and required permitting, inspections, abate the violations on or before August Respondent be assessed for is recorded 5. Respondent, having been notified of the date of hearing by certified mail, posting and/or personal service, did appear at the public hearing and contested the prior findings, the deniai of the rehearing, and requested rnore time to come into compliance. 6. Prior operational costs previously incurred by Petitioner in the prosccurion of this casc in the amount of $59.21 have been paid. 7. Operational costs in the amount of $59.49 have been incun'ed by Petitioner for this hearing. 8. The violations have not been fully abated as of the date of this hearing. page I of3 , 16.A.48.c Packet Pg. 1191 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) oR 5920 PG 3897 CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: I . All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. Pursuant to evidence thit ' o-tn' ORDER Based upon th:e of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida 2, Article IX, Code of Lau,s and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for of Fines/Liens is GRANTED. 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the fines and costs shall be imposed against Respondent. B. Daily fines of $350.00 per are assessed and imposed against Respondent for 97 days for the period from November 20,2020,to I , for a total fine amount of 533,950.00 C. Respondent shall pay D. Respondent shall pay of Lien against all proper"ties owned E. The daily fines of $350.00 shall continue Code Enforcement Investigator. DONE AND ORDERED this 4,C Aay total amount of 559.49 amount of $34,009.49, or be subject to Notice ofAssessment in Collier County, Florida. abatement has been confirmed by a Collier County 2021 at Collier County, Florida. fines and STATE OF FLORIDA COI-INTY OF COLLIER / The foregoing instrument was acknowledged before me by means of,$ this1dayoM,202l,byRobertKaufman,Chairofthe Board Collier County, Florida. -{Personally Known OR E Produced Identification Type of Identifi cation Produccd_of Notary of Florida Commissioned Name of Notary Public (PrinVType/Stamp) or D online notarization, Code Enforcement HELEN BUCHILLON Commission # GG 104629 Ex,iir?s May '15, 2021 gor.led'l hi! oldg8tNotoiy Sorylos PAYMENT OF FINES: Any ftnes ordered to be paid pursuart to this Order may be paid at the Collier Counry Code Enforcement Departmcnt, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.sov. Any release of lien or confirmation of compliance or confirmation of the sarisfaction of the obligations of this +o'."' '.l'lo L&+{, fiX",i frutrso be obtained at this location l, Crystal K. Kinz!|, Page 2 of3 16.A.48.c Packet Pg. 1192 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) *** oR 5920 PG 3898 *** I HEREBY CERTIFY that a true Hanna, 3048 Lunar St., NAPLES, FL 341 CERTIFICATE OF SERVICE has been sent by U.S. Mail to: Jantina Jo ,2021. MLc"J& Code Enforcement Offi cial I { .t ! ',1--)1.-. \iJ',/ _--:/ c" .:, ,/ J.'/ f, -.*".)./ Page 3 of3 16.A.48.c Packet Pg. 1193 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) INSTR 5940295 oR 5831- PG 3982 RECoRDED LO/L9/2O2O 4:09 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc s27.OO COLLIER COUNTY CODE ENT'ORCEMENT CODE ENFORCEMENT BOARI) Case No. - CESD20190008083 BOARD OT' COTJNTY COMMISSIONERS CoLLIER COUNTY, FLORIDA, Petitioner, vs. Jantina Jo Hanna, Respondent. ,'.!..,ff ). ../! -/r fl\. I* y'.'.. "-r*? . -j. y'tn\...f THIS CAUSE came before 2020, and the Board, having heard Board (the "Board") for public hearing on September 24, oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Conclusions of Law, and Order of the Board as follows: l. Respondent, Jantina Jo Hanna, is the gubject property (the "Property"). 2. Respondent, having been notified ofthe date ccrtified mail and posting, did appear at the public hearing and present evidence consistent with Motion for a Rehearing of this Board's Order of July 23,2020, finding Respondent guilty of Property as set forth below 3. The Property located at 3061 Lunar St., Naples, FLi 53352760003 (Legal Description: LAKE KELLY LINIT 2 LOTS 86 AND 87) was found in 1 0.02.06(BX1 )(a) Collier County Land Development Code, in the following particulars ) thathomemobileA interiorextensivehad andf0tstructubuildinggarage inspections, Florida62, J The preponderance of the evidence shows that violation of Section 10.02.06(BXlXa), Collier County Land Development Code, continues to exist, and that Respondent has failed to meet the burden set forth in the duly ldopted and applicable Collier County Code Enforcement Board's Rules and Regulations, Article I*, Hearings, Paragraphs q. & r.., pertaining to motions for rehearing of a Board's ordel in that ihe tuly 23;decision was not contrary to the evidence adduced and that the thei hearing did not involve an eror on rulingof law that was so fundamental to the Board's decision as to warranr the grint of a rehearing on the violations. Pursuant to the above-cited Rules, the Board's order ofJuly 23'd has been stayed and is to be held in abeyanceuntil such date as this order is received by the Parties hereto, but in no event will the July 23d order bestayed for a period longer than twenty (20) days from the date of mailing or ttis rlr,Lriig order to page I of3 l. All notices were properly and timely issued, Statutes, and Chapter 2, Article IX, 16.A.48.c Packet Pg. 1194 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) oR 5831 PG 3983 Respondent; and the time for Respondent taking an appeal is tolled in the same manner as to the July 23'd Order. ORI}ER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article fX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A.for Rehearing is DENIED. B. This to Respondent within ten (10) days of September24,202A, C. Consistent Order, the Respondent must abate all violations by obtaining all reguired Collier County Demolition Permit, inspections, and Certificate of Completior/Occupancy for the unpermitted to the interior of the mobile home, the separate garage building, and the accessory at the rear of the Property, within thirty (30) days of this Order being received by (20) days from the line of $350.00 per D. If Respondent fails to comply ly 23'd Order as set fbrth in this Order, Collier County may abate the violations using any violations into compliance and may use the assistance of thc Collier County Sheriffs Office assessed to Respondent. provisions of this Order and all costs of abatement shall be ');_. E. Respondent is again ordered to pay within thirty (30) days of this Order thirty (30 days) longer than twenty Respondent, whichever is shorter. shall notiff Code Enforcement to perform a site inspection to conf,rrm ORDERED this 3Y auy Collicr County dnec{ Oed( COI'NTY OF COLLIER for the prosecution of this case in the amount of $59.21 by the Respondent, but ln no event for a period of the date of mailing of this rehearing Order to of abatement of the violations and request the 2020 at Collier County, Florida. BOARD The foregoing instrume4t was qcknowledged before me by this J{ day of 4t*r-|WA ,zOzo,byRoben Board Collier County,'Florida. ! Personally Known OR E Produced Identification Type of Identification Produced .+f1.i11.," HELEN BUcHiLLoN *'_E n6 . Cornmission # GG 104629 al*ffj06" Expires May 15,202'l ''6621 61ot eondrd Thru Budgel Nolary Seryl@! 'means of El physical' Kaufman, Chair of the notarization, EnforcementCollier Signature of Notary State of Florida Commissioned Name of Notary Public @rint/Type/Stamp) PAIMENT oF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County CodeEnforcement Departrnent,2800 North Horseshoe Diive, Naples, FL 34104,-phone: <zlgliiz-2q40, Website:www'cplliercountvfl'gov' Any release of lien or confirmation oicompliance or confirmation of the satisfaction of theobligations of this Order may also be obtained at this location. Page 2 of3 date of maillng Order to Respondent, \ 16.A.48.c Packet Pg. 1195 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) *** oR 5831 PG 3984 *** APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OT SERVICE I HEREBY CERTTFY thAt A JO HANNA" 3048 Lunqr St., Naples, tIt,{ ),1 .;a i..r'/'', ,a,t a' \\'..J'y' ' '.. ,1 -i true and correct-copy of this ORDER has been sent by U.S. Mail to: JANTINA FL34rrz,on 4edbnt- 3o .zozo. Enforcement (,ol *1.' ,, '/-*,; \ { 1'lt,r\ j_// \_, na'."/ :) >. t. , ';,gr# Page 3 of3 16.A.48.c Packet Pg. 1196 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) rNSTR 5938792 oR 5830 pG 2400 RECoRDED aO/L6/2O2O 8:13 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $L8.50 coLLrER COUNTY COpE ENFORCEMENT CODE ENTORCEMENT BOARI) Case No. - CESD20I90008083 BOARD OT COUNTY COMMISSIONERS COLLIER COUNTY, tr'LORIDA, vs. Petitioner, Jantina Jo Hanna, Respondent ,rI,' trr' / ;r*,.t i't ),,"tt-**t' ' *, ;/ ''t;/.,{ THIS CAUSE came before the and the Board, having heard testimony matters, hereupon issues its Findings of Fact, 1. Respondent, Jantina Jo Hanna, is tlre 2. Respondent, having been notified ofthe date public hearing. Board (the "Board") for public hearing on July 23,2020, evidence and heard argument respective to all appropriate of Law, and Order of the Board as follows: properry (the "Property"). certified mail and posting, did not appear at the 3. The Properly located at 3061 Lunar St., Naples,F 53352760003 (Legal Description: LAKE KELLY UNIT 2 LOTS 86 AND 87) is in 10.02.06(BXl)(a) Collier County Land Development Code, in the fbllowing particulars: A mobile home that has had extensive interior garage building structure, and l. All notices were properly and timely issued, and the Board has jurisdiction Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier Florida. inspections, 162, Florida 2. The preponderance of the evidence shows that violation of Section 10.02.06(BX1)(a), Collier County Land Development Code, does exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER - Based upon tlre foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted inChapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and ordinances of Collier County, Florida, itis hereby OFOERED that: A' Respondent is found guilty of violating Section 10.02.06(BX1)(a), collier counry Land Development code. Page I of2 16.A.48.c Packet Pg. 1197 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) *** oR 5830 PG 2401 *** B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the unpermitted modifications/alteration to the interior of the mobile home, the separate garage building, and the accessory structure at the rear of the Properfy, on or before August 22, 2020, or a fine of $350.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order, Collier County may abate the violations using any metlod to bring the into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the ofthis Order and all costs ofabatement shall be assessed to Respondent. D.to pay operational costs for the prosecution of this case in the amount of $59.21 on or before E. Respondent Enforcement within 24 hours of abatement of the violations and request the investigator to inspection to confirm compliance. DONEAIYD 2020 at Coiller County, Florlda. CODE BOARD STATE OF FLORIDA COUNTY OF COLLIER !.Iersonalty Known OR fl Produced Type of Identifi cation Produced by /.,f Identification : Presence or E online notarization, Chair of the Collier County Code Enforcernent of Notary Public - State of Florida Name of Notary Public (Print/Type/Stamp) .o^"11.11e.,^ LW" HELEN Commission # GG'104629 Expires May '15, 2021 Boildsd Thtu Budgol Nohry Sorvicrg PAYMENT Otr'f,'INES: Any fines ordered to be paid pursuant to this Enforcement DeparEnent, 2800 North Horseshoe Drive, Naples, FL 341 www.colliercountyfl.gov. Any release of lien or confirmation of compliance obligations of this Order may also be obtained at this location. at the Collier County Code (239) 252-2440, Website: of the satisfaction of the r thirty (30) days of to appellate review a transcribed CERTIT'ICATE OF SERYICE I HEREBY CERTIFY that a true and correct popy of this ORDER has been sent by U.S. Mail to: JANTINA JO HANNA, 3048 Lunar St., Naples, FL 34112, on W,2O2O. APPEAL: Any aggrieved party may appeal a final order of the Board to the the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but of the record created within the original hearing. It is the responsibiliry of the appealing record of the hearing from the Clerk of Courts. Filing an appeal will not automatically OqY il{: ku, Uue ar,J conecl Clett Page 2 of 2 16.A.48.c Packet Pg. 1198 Attachment: Backup Documents (16325 : BCC v. Jantina Jo Hanna) 16.A.48.dPacket Pg. 1199Attachment: executed release [Revision 1] (16325 : BCC v. Jantina Jo Hanna)