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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 U J J C6 2 m a 0 a z c� U U m LO 0 N c m E 0 a 0 c� c m E 0 0 r a Packet Pg. 931 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) J J 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 V U m 0 N N C E 3 V O Q 3 Y V t4 C E L V fC r r Q Packet Pg. 933 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 rn E 0 U 0 E U 2 I Packet Pg. 934 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 U J J U N N Q O i a s D U U m u7 r to O C m E 7 O Q 7 Y c m s U cC Q Page 2 of 2 Packet Pg. 938 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. U J J to N N C. O a` to t O v t� m LO to 0 w c m E 0 U O C. c m E z U 2 r r Q Packet Pg. 939 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 U J J vi a� m a 0 a N t U U Oa ,te on November 1, 2019, and ,n matters, hereupon issues her to follows: N. 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: Packet Pg. 944 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 -. LLI C9UNT,Yr'I ,CIA MAC NDA"44tARRk] 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 Packet Pg. 945 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 Packet Pg. 946 *** 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 Q-1E ("IW Packet Pg. 947 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 Packet Pg. 948 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 Packet Pg. 949 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. i a� E. O c a� J r-+ C N E s M r Q Packet Pg. 950 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. U J J U m m a 0 a N t U U m LO r O N Packet Pg. 951 *** 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 r, ti j � I VV, 0 Packet Pg. 952 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 Packet Pg. 953