Agenda 12/14/2021 Item #16A16 (Release of Code Enforcement Lien)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$126,973.50 for payment of $3,000 in the code enforcement action titled Board of County
Commissioners vs. Ullahs Properties, LLC, relating to property located at 1134 Trail Terrace Dr,
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 $126,973.50, for payment of $3,000 in relation to Code Enforcement
Special Magistrate Case No. CEPM20190006863.
CONSIDERATIONS: When the subject property was owned by Ullahs Properties, LLC, the Code
Enforcement Special Magistrate ordered the imposition of a code lien on the property, due to various code
violations. The lien was for code violations consisting of a roof, exterior siding, and windows in a state
of disrepair. The lien was recorded on March 20, 2020, at O.R. Book 5741, Page 3915. The current lien
amount is $126,973.50, based on 507 days of accrued fines ($250 per day from February 2, 2020, through
June 22, 2021) totaling $126,750 and $223.50 in operational costs. The property was brought into
compliance on June 22, 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. Rugby, LLC, only became aware of the lien during the
process of taking the property back from Ullahs Properties, LLC, when payments were in default and
facing a potential foreclosure, which caused significant legal fees. Upon receiving the title to the
property, Rugby, LLC, obtained the required permits and demolished all structures in violation to achieve
compliance. There was a substantial amount of time and money spent for permit fees, demolition, clean
up, and legal expense for the property. The property is actively maintained, and the owner has paid
$3,000 in settlement of fines and requesting the remaining $123,973.50 in accrued fines be waived. There
are no known code violations remaining on the property.
FISCAL IMPACT: Payment of $3,000 in settlement of fines has been received. If approved by the
Board, accrued fines in the amount of $123,973.50 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 $123,973.50, accept payment amount of
$3,000, 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
Packet Pg. 928
12/14/2021
ATTACHMENT(S)
1. backup documents (PDF)
2. Owner Letter (PDF)
3. Lien Orders (PDF)
4. executed release(1) (PDF)
Packet Pg. 929
16.A.16
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doe ID: 20615
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $126,973.50 for payment of $3,000 in the code enforcement action titled Board of
County Commissioners vs. Ullahs Properties, LLC, relating to property located at 1134 Trail Terrace Dr,
Collier County, Florida.
Meeting Date: 12/14/2021
Prepared by:
Title: — Code Enforcement
Name: Dana Rarey
11/10/2021 4:56 PM
Submitted by:
Title: Division Director - Code Enforcement — Code Enforcement
Name: Michael Ossorio
11/10/2021 4:56 PM
Approved By:
Review:
Code Enforcement
Growth Management Department
Code Enforcement
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Ossorio
Additional Reviewer
Lissett DeLaRosa
Growth Management Department
Colleen Davidson
Additional Reviewer
James C French
Growth Management
Colleen Kerins
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
11/12/2021 11:47 AM
Completed
11/12/2021 12:31 PM
Completed
11/15/2021 9:11 AM
Completed
11/16/2021 5:08 PM
Completed
11/19/2021 9:51 AM
Completed
11/19/2021 9:56 AM
Completed
11/19/2021 11:33 AM
Completed
11/19/2021 2:26 PM
Completed
11/29/2021 11:27 AM
12/14/2021 9:00 AM
Packet Pg. 930
16.A.16.a
Ullahs Properties LLC
CEPM20190006863
1134 Trail Terrace Dr Naples, FL 34103
Folio # 77411120007
Violation: Roof, windows and exterior siding in disrepair
Order Items: $250/day fine x 34 days (February 2, 2020 — March 6, 2020) = $8,500.00, plus operational
costs of $223.50
Total Fines: $8,723.50
FOF Order OR 5703/PG 2487 recorded on 12/9/19
IOF Order OR 5741/PG 3915 recorded on 3/20/20
Violation abated: 6/22/21
Fines accrued after IOF:
Order Items: $250/day fine x 473 days (March 7, 2020 — June 22, 2021) = $118,250.00
Total Fines Owed: $126,973.50
Deed recorded on 5/11/2020
5/11/20 + 30 days = June 10, 2020
Fines for Owner: $94,473.50 [$250/day fine x 377 days (6/11/20 — 6/22/21) + $223.50 operational
costs]
Offer of settlement: $3,000.00 ($2,776.50 fines + $223.50 operational costs)
ACCRUED VALUE:
PAYMENT OF:
TOTAL FINES TO BE WAIVED:
$126,973.50
$3,000.00
$123,973.50
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16.A.16.a
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Descrip i n
Operational Costs (SM)
Operational Costs (SM)
Special Magistrate
Cashier Name:
Batch Number:
Entered By:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
2021901012
2021-098945
11/03/2021
$8,723.50
Payment Meth
Check
$3,000.00
$0.00
RUGBY LLC
1170 MASSEY STREET
NAPLES ,FL 34120
Amount Paid Check Number
$3,000.00 1164
Reference Number
Original
Amount
GL Account
f P&
P i
CEPM20190006863
$111.70
$111.70
111-138911-343922
CEPM20190006863
$111.80
$111.80
111-138911-343922
CEPM20190006863
$8,500.00
$2,776.50
111-138911-343922
AlinaHarris
10497
ElenaGonzalez
Packet Pg. 932
Property Summary
16.A.16.a
Parcel No 77411120007
S*Address 1134 TRAIL TERRACE
Disclaimer DR
Site City NAPLES Site Zone 'Note
Name/Address RUGBY LLC
1170 MASSEY ST
City NAPLES
State FL
Zip 34120
Map No. Strap No.
Section Township
Range Acres *Estimated
4A22 669700 D 144A22
22 49
25 0.31
Legal TRAIL TERRACE BLK D LOTS 14 + 15
Millage Area_0 6
Millage Rates Q *Calculations
Sub./Cando 669700 -TRAIL TERRACE
School Other Total
Use Code b 0 - VACANT RESIDENTIAL
4.889 6.0293 10.911
Latest Sales History
2021
Certified Tax Roll
(Not all Sales are listed due to Confidentiality)
(Subject to Change)
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Date Book -Page Amount
Land Value
$ 2
05/07/20 5761-3133
$ 0
Improved Value
$ 1
U
05/07/20 5761-3131_
$ 400,000
Market Value
$ 3
02/01/19 5611-3652
$ 400,000
(_) Assessed Value
$ 3
0
12/17/18 5582-1849
$ 320,000
(_) School Taxable Value
$ 3
08/06/03 3361-2929
$ 0
(_> Taxable Value
$ 3
d
rn
02/06/02 2977-1486
$ 293,000
05/04/98 2415-1940
$ 0
If all Values shown above equal 0 this
parcel was created after the Final Tax Roll
11/01/93 1879-1719
$ 250,000
M
02/01/83 1006-1621
$ 0
j
01/01/83 1.004-1506
$ 79,000
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Property Information
-� e--, --r, this �1�opertv Open Alerts: 2
. ..........
Fees
Show Me All related fees (Property)
CEPM20190006863
CEPM2019'6006863
CEPN120190Qr16863
C '-EPt-120 9 8�1 h- 3
- - I G CD 0 6
1�9
19921
19921
19921
PL20180002785
PRB020190311826
PRBC)20190311826
PRBD20190311826
PRBD20190311826
PRSD20190311926
'P R B6 2 6 190 -111 -8 -7
Add a new person or business to Address Book
Refresh
Fee Type
Arnowt I
Amount Paid 1
Cate Paid
Operational Costs (SM)
111.70
Operational Costs (SM)
$ 111.80
t 0.00
Special Magistrate
$ 8, 5 0 1). F-1 u
$ u.00
5 pe661 Ma g i s tr a te
118,250.00
$ 0,00:
. .... ...... ... . .... . ... ....................... Rental Registration Renewal
$20.00
... .
20,00
.. . .. .. ....
06/2?12008
Rental Registration Renewal Late
$ 380.00
80.00
1 C, ioq,,")n i)S
7
Rental Registration Renewal Late (waived Fee)
3 0 0, 1? 0 J�
$ 0, r 0
. . .........
Rental Registration Renewal
20.00
5 20.00
06/01/2009
Rental Registration Renewal
. ....... ...
$ 20.00
.............................................
Zoninq kierification Letter
.... .............
$ 100-00
$ 100-00
09/10/2018
Zoning Pe,,,-ieoi - Application
S 115,00
$ 75.00
04/11/2019
COA
$ 100-00
$ j0000l
04/1112019
Structural - Application Fee
$ 50.00
S 50.0Ci
04/11, 2019
Electrical - Application Fee
50.00:
$ 50.00
04/11/2019
Mechanical - Application Fee
50.00
50.00
04/11/2019
Plumbing - Application Fee
50.00
50,00
04/1112019
Amount ::wing/ Amount Paid 1 $126,973.501 $,1,878.70
Description Lien OR 5741 PG 3915 fines accrued after IOF: $250/day x 473 days (3/7/20 - 6/22/21)
$113,250.00 - IS
Quantity 11.00
Fee Payable?
Payments
Paid By/ To I
Entered By I Iliana Burgos
Fee Paid?
A ! Recelct ;
Date Due
Date Entered 07/29/2021
Batch Trans actior, Date
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16.A.16.a
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
RUGBY, LLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
1170 Massey Street
Naples, FL 34120
Changed: 04/22/2021
Mailing Address
1170 Massey Street
Naples, FL 34120
L04000071608
14-3521033
10/01 /2004
FL
ACTIVE
LC STMNT OF RA/RO CHG
05/22/2015
NONE
Changed: 04/22/2021
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301
Name Changed: 05/22/2015
Address Changed: 05/22/2015
Authorized Person(s) Detail
Name & Address
Title Member
Stevens, Michael R.
1170 Massey Street
Naples, FL 34120
Annual Reports
Report Year
Filed Date
2019
01 /03/2019
2020
01/23/2020
2021
04/22/2021
Packet Pg. 935 1
16.A.16. a
Name of Requestor: Kristina F. Iantosca
Company: Cheffy Passidomo, PA
Date: September 24, 2021
Our Department received a request for a payoff for property address:
1134 Trail Terrace Drive
Folio Number:
77411120007
Owner's Name:
Ru2bv LLC
Special Notes:
It is strongly recommended that you check the Public Records of Collier County for more
information regardless of the results below. This and other offices may have items pending
against this property. To perform a public records request via the internet, visit the Collier County
Clerk of Courts Website at http://www.clerk.collier.fl.us/orispublicaccess.
TYPE (ex. OSM, CEB) CASE #
CEPM20190006863: Roof,
windows, and exterior siding in
disrepair.
Order OR 5703 PG 2487
Lien OR 5741 PG 3915
Violations abated and case closed
AMOUNT OWED
$126,973.50
• $223.50 Operational costs
$250.00 per day for 507 days
(2/02/2020 to 6/22/2021) _
$ l 26,750.00
Information 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
fir• ti � ! i l � �..w ti 14 f f 4
Packet Pg. 936
INSTR 5865414 OR 5761 PG 3131 E-RECORDED 5/11/2020 3:20 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $2,800.00 REC $18.50
CONS $400,000.00
16.A.16. a
This Document Prepared Without Opinion of Title By:
John I. Silverfield, Esquire
Holmes Fraser, P.A.
711 5" Avenue South, Suite 200
Naples, Florida 34102
Telephone: (239) 228-7280
Parcel ID No. 774.1112fiQR7
Deed Consideration $ 0 00.00
Documentary Stamps,,Wuern,l ransfer:
$
f�
:arrant Deed
THIS INDENTURE"/Made this � day of I " ` - 2020, between Ullah's
Properties LLC, a Florida Limi Liability Company, whosTe post office address is: 3633
Treasure Cove CT, Naples Florida_:341f14..,as GRANTOR*, and Rugby LLC as GRANTEE*,
whose post office address is: 1170 Masse�StFNaples Florida 34120
,A
r`-
WITNESSETH, that the Grantor,, or"ar, lJ jn consideration of the sum of TEN DOLLARS
($10.00), and other good and valuable consreratioris to said Grantor in hand paid by said Grantee,
the receipt whereof is hereby acknowledged,l�e gr ed, bargained and sold to the said Grantee,
and Grantee's heirs and assigns forever, the follo ng `described land, situate, lying and being in
the County of Collier, State of Florida, to -wit:
Lots 14 and 15, Block D, TRAIL TERRACE; acerdipg to the map or plat thereof, as
recorded in Plat Book 2, Page 94, of the Public Records 9KClier County, Florida.
SUBJECT TO taxes for the year 2020 and subsequent y4s, honing, building code, and
other use restrictions imposed by governmental authority; outstandit* ox , gas and mineral interests
of record, if any; and restrictions, reservations and easements commofi tot e subdivision.
TOGETHER WITH all the tenements, hereditaments and,., appenances thereto
belonging or in anywise appertaining.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land; that the Grantor hereby fully warrants the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
To have and to hold in fee simple forever.
*Singular and plural are interchangeable as context requires.
Page 1 of 2
Packet Pg. 937
*** OR 5761 PG 3132 ***
16.A.16.a
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
Signed, sealed and'd livered
in the presence: t
of
I
EA
Print Name Witness #2
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowlec
of Ullah's Properties,
or who ] produced
YiYP¢•., BRIAN THOMAS PROVOST
MY COMMISSION 0 GG 1=40
EXPIRES: August 27, 2021
Bonded Thru Notary Putdk undorvrtflers
(SEAL)
v/
Title
MCI
me this day ofAp4 2020 by
is [] personally known to me
as identification.
NOtarAul
Commissions., 139 Ff t
My Commissic &pxres:�
f
109
202
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16.A.16.a
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CERTIFICATE OF COMPLETION
This Certificate is issued pursuant to the requirements of the Florida Building Code certifying 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:
PERMIT NBR: PRBD2021052328901
CO TYPE: COMP
CO NBR: STATUS: Finaled
ISSUED DATE: June 22, 2021
ADDRESS: 1134 Trail Terrace DR, Unit #: 13, Naples] 136 Trail Terrace DR, Unit #: A, Naples1136 Trail Terrace DR, Unit #: 13, Naples] 134 Trail
Terrace DR, Unit #: A, Naples
CPI •
• C • ,
SLUC CODE: UTILITY COMPANY:
JOB DESC: DEMOLITION OF 2 - TWO STORY BUILDINGS
1136 Trail Terrace DR, Building & 1134 Trail Terrace DR, Building NUMBER OF METERS:
OWNER: RUGBY LLC
LEGAL DESCRIPTION
TRAIL TERRACE BLK D LOTS 14
+15
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.
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16.A.16. a
COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
RUGBY IA,C, Defendant(s)
AFFIDAVITOF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
OSM CASE NO. C:'EPM20190006863
BEFORE ME, the undersigned authority, personally appeared Eric Short. Code Enforcement Official lbr the I learing
before the Special Magistrate of Collier County, who after being fully sworn. deposes and says:
1. That on November 01. 2019, the Special Magistrate held a hearing and issued an Order in the above -styled matter
and stated that Defendants) was to abate all violations as stated in the Order ofthe Special Magistrate recorded in
the public records of Collier County, Florida in OR Book 5703 PG 2487.
2. That the respondent did not contact the investigator.
3. That a re -inspection was performed on July 29, 2021.
4. That the re -inspections) revealed that the corrective action ordered by the Special Magistrate is in Compliance as
Of June 22.2021.
FURTHER AFFIANT SAYETH NOT.
DATED this 29th day of July, 2021,
COLLIER COUNTY, FLORIDA
HEARING OF THE SPECIAL, MAGISTRATE
W. Ede Short
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me by means of _ physical presence or ___ online notarization,
This 247 day of :1-Z,_jai, � 2()Xby Eric Short
11 SYpule EI_ENIA!v C-0N .L =Z
(Signature of Nota -Public) ' 'ter" commissioo r : a .7T 14
v �� Expires N1«;:h 4, 2C23
_._....___...._....._.....___._..._....._ ....................._._..___..._.............._.....__..................._..._...._..__. CFO£ f4aP BMW r n suds ; 40 y S
(Print'1"ype'StampCommissioaed Name ofNotary Public)
Personally known v'
Packet Pg. 940
16.A.16.a
INSTR 5845507 OR 5741 PG 3915 RECORDED 3/20/2020 10:43 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20190006863
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
V5.
ULLAHS PROPERTIES LLC,
Respondent.
THIS CAUSE came be re tine ial►4ais to r �c.l3earirig upon the Petitioner's Motion
for Imposition of Fines/Liens on ar +°2t 2 , '4n' es3 4 l agi trate, having heard argument
respective to all appropriate ma{tersl°theteup n %Sstles)h r, di s f Act, conclusions of Law and Order
of the Special Magistrate, as fol �
FINDII4 F FACT and CON C ISI6 'rLAW
5.
1. On November 1, 2019, %s ent was found guilY3+ ¢f vesf ation of the Collier County Laws
and Ordinances, Chapter 2l`'1,., ui� &wd.Burlliar egulations, Article VI, Property
Maintenance Code, Section 2L=I `bj;31(12)(i) and 22-231(12)(c), for having the
roof, windows and the exterior siding ofa-building on the property in disrepair.
2. This violation occurred on property owned by the Respondent and located at 1134/1136 Trail
Terrace Drive, Naples, FL 34103, Folio No. 77411120007.
3. Respondent was ordered to abate the violation on or before February 1, 2020 or a fine of
$250.00 per day would be assessed for each day the violation continued thereafter until
abatement could be confirmed. (A copy of the Order is recorded at OR 5703, PG 2487).
4. The violation was not abated for the period from February 2, 2020 to March 6, 2020
(34 days) and fines accrued at the rate of $250.00 per day for a total fine amount of
$8,500.00.
5. The violation was not abated as of March 6, 2020.
6. Fines continue to accrue.
7. Previously assessed operational costs of $111.70 incurred by the County in the original
prosecution of this case have not been paid.
Packet Pg. 941
OR 5741 PG 3916
16.A.16.a
8. Operational costs incurred by the County for today's hearing are $111.80.
9. Respondent, having been duly noticed for the public hearing regarding the County's Motion,
was not present at the hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 01-44, as amended,
IT IS HEREBY ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $250.00 per day are assessed against Respondent for the period from February
2, 2020 to March 6, 2020 (34 days), for a total amount of fines to be paid of $8,500.00.
C. Respondent is ordered to pay the previously assessed but unpaid operational costs in the
amount of $111.70.
D. Respondent is ordered toajbeYational costs for te�di's hearing in the amount of
$111.80.
E. Respondent is ordered to.jiay'tines�nd costs in the total`amount of $8,723.50 or be subject
to Notice of Assessdientf� -1 n 49r a e - ed by Respondent in Collier
County, Florida. 4"I ` �)`I i
DONE AND ORDERED this day of March 2020 tNaoles Cgqier County, Florida.
COLLIER 6NT"V CODE ENFORCEMENT
o , erk'gf 1 ,ft in and for Collier County S' EL` jlNIA, I'STRATE
dp h4 t/tt above instrument is a true and correct ., r
X' cc P r t o' County, F
.'.:Deputy Clerk
a ►e �.' . NDA C. TSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de Novo
but 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 the Special Magistrate's Order.
Packet Pg. 942
*** OR 5741 PG 3917 ***
16.A.16.a
�9
I�
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this 17th day of March, 2020 to Respondent Ullahs
Properties LLC, 3633 Treasure Cove CT, Naples Fl 34114.
Code Enforcement Official
1\
Y oxic-�-�
Packet Pg. 943
16.A.16.a
INSTR 5800356 OR 5703 PG 2487 RECORDED 12/9/2019 9:35 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $35.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20190006863
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
VS.
ULLAHS PROPERTIES LLC,
Respondent.
THIS CAUSE came on,T(
the Special Magistrate, having$$
Findings of Fact, Conclusions �f.
1. Respondent, ULLAHS PIP
at 1 ] 34/1136 Trail Terrace
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,te on November 1, 2019, and ,n
matters, hereupon issues her to
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LLC, is thjc-cseAer;6f the subject real property located
f-knit i4'1.63 'Folio No. 77411 1.20007.
2. Respondent was duly notified of the dafe o`I 6ir ng by certified mail and posting but did not
appear at the hearing having entered into a Stipulation with Petitioner that resolved all matters
and was accepted by the Special Magistrate.
3. The subject real property owned by Respondent is in violation of the Collier County Code of
Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property
Maintenance Code, Section 22-231(12)(b), Section 22-231(12)(i) and Section 22-231(12)(c), in
the following particulars:
Roof, windows and exterior siding in disrepair.
4. The violation was not abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBYY ORDERED:
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16.A.16.a
OR 5703 PG 2488
A. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances,
Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section
22-231(12)(b), Section 22-231(12)(i) and Section 22-231(12)(c).
B. Respondent is ordered to pay operational costs in the amount of $111.70 incurred in the
prosecution of this case on or before December 1, 2020.
C. Respondent is also ordered to abate the violation by obtaining all required Collier County
approvals, a building permit or a demolition permit, inspections and a Certificate of Completion/
Occupancy for repairs or demolition of the structures as outlined in the Notice of Violation on or
before February 1, 2020 or a fine of $250.00 per day will be imposed until the violation has been
abated.
D. Respondent must notify the Code Enforcement Division within 24 hours of abatement of the
violation and request the Investigator perform a site inspection to confirm compliance.
E. If the Respondent fails to l
any method to bring the vi
County Sheriff's Office to
assessed to the property qi
DONE AND ORDERED on
ic°�lt_a'b�re;,ky,'W
tl�e County may abate the violation using
e the assistance of the Collier
the provisions of this'gder;,and all costs of abatement shall be
mil i 2019 kt Nap
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LLI C9UNT,Yr'I
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Collier County, Florida.
TE
ON
ENFORCEMENT
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, fax # (239) 252-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but 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 the Special Magistrate's Order.
s n,
I, Ck Ina6'd#or Colriv County
do heaityr rf fy '' Iht }�ovearist umenE"is anue•and correct
COP the 0.,! i txt iri``", ot rityy Flori
Q.. 771f7T*ldl i!/ l ' Deouty Clerk
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OR 5703 PG 2489
16.A.16.a
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Ullahs Properties LLC
Respondent(s),
7#/ 7
Case No. CEPM20190006863
STIPULATION/AGREEMENT
c lOS wbdo,leS u liA, S P(60et\�e S
Before me, the undersigned, , on behalf of , enters into this' Stipulation and Agreement with Collier
County as to the resolution of Notices of Violation in reference (case) number CEPM20190006863 dated the
8th day of July, 2019.
This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be
heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or
representative attend the Hearing.
In consideration of the disposition and resatof"tfie rim�ttei�
a hearing is currently scheduled fortlbi !'promote efficiency'+n
process; and to obtain a quick and,6xp� iticus_ esolution of the
agree as follows:-��
1) The violations noted in the referet` qo Not--dfi�jp do n
and that I have been properly notifiod gVr�WA-P,fo�r
THEREFORE, it is agreed betwee
J in said Notice(s) of Violation for which
administration of the code enforcement
ters outlined therein the parties hereto
and I stipulate to their existence,
1) Pay operational costs in the'Qnt of $111.70 incu.irdth¢o'secution of this case within 30
days of this hearing. "'a'� �-
1. Abate all violations by: 414ail regr ¢dnty building permits or demolition permit,
inspections, and certificate of cot`n 5. io f i ftairs or demolition of the structures as outlined in
the Notice of Violation within/flay is hearing or a fine of $250 per day will be imposed
until the violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request E
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal r
holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) Q
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
Respondent or Representative (sign) Z.e c Supervisor
for Michael Ossorio, Director
Code Enforcement Division
Respondent or Representative (print) Date
to S ",ra le !r1 �";. , S 41 e-
�! 1a 4 et REV 3-29-16
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*** OR 5703 PG 2490 ***
16.A.16.a
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this day of November, 2019 to Respondent, Ullahs
Properties LLC, 3633 Treasure Cove Ct, Naples, FL 34114.
Code Enforcement Official
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16.A.16. b
DAVIES DUKE
]b
VIA EMAIL ONLY
1415 Panther Lane, Ste 442
Naples, FL 34109
Noel J. Davies, Esq.
239.216.2792
Noel.Davies@DaviesDuke.com
October 18, 2021
Michael Ossorio
Division Director
Collier County Code Enforcement
2800 Horseshoe Drive N.
Naples, FL 34104
Michael.Ossorio@colliercountyfl.gov
www.DaviesDuke.com
Offices: Naples, Fort Myers
Re: 1134-1136 Trail Terrace Dr., Rugby, LLC - CEPM20190006863
Dear Mr. Ossorio:
This Firm has been retained by Michael R. Stevens of Rugby, LLC, regarding the above -
referenced code enforcement matter. In follow-up to my telephone discussion with Code
Enforcement Staff, please allow this letter to serve as Mr. Stevens' formal good faith offer of
settlement with respect to the outstanding fines, which is based on the following:
(1) The property owner has abated all of the subject violations, has demolished the
subject structures, and has reached full compliance as of June 22, 2021, as certified
by Code Enforcement.
(2) Going forward, the property owner shall comply with all governing Collier County
codes, ordinances and regulations.
(3) The subject extenuating circumstances relate to (a) the property owner not owning
the subject property during the occurrence of the code enforcement violations. (b)
The property owner previously owned the subject property, financed the property
to the wrongdoer as part of seller financing, then, in lieu of foreclosure, took title
back to the subject property given non-payment by the wrongdoer. Further, (c) the
property owner was unaware of the code enforcement violations and, upon notice
and receiving title to the subject property again, demolished the subject structures
that were violative and cured all violations.
Pagel of 2
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16.A.16. b
Based on the foregoing, Mr. Stevens hereby offers in good faith to pay a total amount of
Three Thousand Dollars and 00/100ths ($3,000.00), which includes all County costs in the amount
of $223.50.
Should there be any additional outstanding hard costs for the County's enforcement of this
matter, the property owner hereby includes its offer to pay the cost of same in addition to the
above -referenced settlement offer amount.
The property owner respectfully requests that the above -referenced extenuating
circumstances justify the reduction in the 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
Noel J. Davies, Esq.
Page 2 42
2
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16.A.16.c
INSTR 5845507 OR 5741 PG 3915 RECORDED 3/20/2020 10:43 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20190006863
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
VS.
ULLAHS PROPERTIES LLC,
Respondent.
THIS CAUSE came before th e,,S is ' his to r; ic,4'earing upon the Petitioner's Motion
for Imposition of Fines/Liens on larh,� 2v21�, n' ee'a'lagitrate, having heard argument
respective to all appropriate mattersl�he eupc n Ssijes h r,' di s c f Act, Conclusions of Law and Order
of the Special Magistrate, as foli �, j
FINDIT�GSJQF FACT and CON SI0 0PiLAW
6y t
1. On November 1, 2019,`s ent was found gui� of violation of the Collier County Laws
and Ordinances, Chapter 22,' � itd .gs-=d,-Build-it k,,X,julations, Article VI, Property
Maintenance Code, Section 2�=1(b, ZL(1)(i) and 22-231(12)(c), for having the
roof, windows and the exterior sid rik-;f a building on the property in disrepair.
2. This violation occurred on property owned by the Respondent and located at 1134/1136 Trail
Terrace Drive, Naples, FL 34103, Folio No. 77411120007.
3. Respondent was ordered to abate the violation on or before February 1, 2020 or a fine of
$250.00 per day would be assessed for each day the violation continued thereafter until
abatement could be confirmed. (A copy of the Order is recorded at OR 5703, PG 2487).
4. The violation was not abated for the period from February 2, 2020 to March 6, 2020
(34 days) and fines accrued at the rate of $250.00 per day for a total fine amount of
$8,500.00.
5. The violation was not abated as of March 6, 2020.
6. Fines continue to accrue.
7. Previously assessed operational costs of $111.70 incurred by the County in the original
prosecution of this case have not been paid.
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OR 5741 PG 3916
16.A.16.c
8. Operational costs incurred by the County for today's hearing are $111.80.
Respondent, having been duly noticed for the public hearing regarding the County's Motion,
was not present at the hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of $250.00 per day are assessed against Respondent for the period from February
2, 2020 to March 6, 2020 (34 days), for a total amount of fines to be paid of $8,500.00.
C. Respondent is ordered to pay the previously assessed but unpaid operational costs in the
amount of $111.70.
D. Respondent is ordered told, rational costs fdr�toda s hearing in the amount of
E. Respondent is orderQ''d to,pMy flii a nd sts in the total` mo nt of $8 723.50 or be subject
to Notice of Assesstftent/ f an 4g s altp �d by Respondent in Collier
County, Florida.
'DONE AND ORDERED this Tday of March 2020 Naples �Coier County, Florida.
►Fc ofa * r {f t
,:
y' h �, COLLIER- i�1vTY CODE ENFORCEMENT
G0
yo C y 1a�R jry� ,, jerk Qf ds, in and for Collier County 'EC` MA ISTRATE
r da h ff above instrument is a true and correct -
c3� i o ' County; F a
rk
Deputy Cle
44A. &AICRETSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but 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 the Special Magistrate's Order.
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*** OR 5741 PG 3917 ***
16.A.16. c
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this l7th day of March, 2020 to Respondent Ullahs
Properties LLC, 3633 Treasure Cove CT, Naples Fl 34114. /
6 2t"A��e?
Code Enforcement Official
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16.A.16.d
This Instrument Prepared By:
Colleen A. Kerins, Esquire
Collier County Attorney's Office
3299 E. Tamiami Trail -Suite 800
Naples, FL 34112
(239) 252-8400
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
ULLAHS PROPERTIES LLC,
Respondent
The lien was recorded on March 20, 2020, in Official Records Book 5741, Page 3915, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eight
thousand seven hundred twenty-three dollars and fifty cents ($8,723.50), plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners
as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in
the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST
CRYSTAL K. KINZEL, Clerk
Deputy Clerk
Date:
Appr ved as t orm and legality
0
oIle nn A. Kerins
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
in
Date:
Penny Taylor, Chairperson
[ 21-C E D-01614/ 1680612/ 11
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