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Agenda 04/26/2022 Item #16A 6 (Code Enforcement Lien - Miralles)04/26/2022 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $1,211.49 for payment of $711.49 in the code enforcement action titled Board of County Commissioners v. Alfredo Miralles, Sr., relating to property located at 306 S 9th St, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $1,211.49 for payment of $711.49, in relation to Code Enforcement Special Magistrate Case No. 2005100162. CONSIDERATIONS: When the subject property was owned by Alfredo Miralles, Sr., the Code Enforcement Special Magistrate ordered the imposition of a code lien on the property, due to code violations consisting of litter, minimum housing issues, and unlicensed or inoperable vehicles parked on the property. The lien was recorded on May 3, 2007, at O.R. Book 4223, Page 1484. The current lien amount of $1,211.49 is based on 351 days of accrued fines ($100 per day from May 1, 2006, through April 17, 2007) totaling $35,100. Due to mitigating circumstances, the Special Magistrate reduced the fine to $1,000, plus $211.49 in operational costs. The property was brought into compliance by the previous owner on April 17, 2007. Pursuant to Resolution No. 2012-46, a request for a reduction of fines may be considered, in part, when a lien encumbers property under new ownership and the new owner has diligently pursued abatement and achieved compliance and/or when payment of the lien would impose a severe financial hardship on the owner. Miradis Miralles took sole possession of the property, via Quit Claim Deed, recorded on October 8, 2014, at O.R. Book 5083, Page 3070. The property was acquired as part of a divorce settlement, and she was unaware of the outstanding lien until a correction to the deed was submitted to the County Tax Collectors Office. Ms. Miralles currently lives on a limited income with many financial obligations due to several major health issues. The home, located in Immokalee, is occupied by seasonal renters, and the cost of maintenance, repairs, and taxes, combined with the loss of rent due to the Covid-19 pandemic, has further restricted her income. The property is being actively maintained, and the owner has paid $711.49 in settlement of fines. The owner is requesting a waiver of $500 in accrued fines and the required hardship letter is attached as required. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $711.49 in settlement of fines has been received. If approved by the Board, accrued fines in the amount of $500 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 remaining fines in the amount of $500, accept payment amount of $711.49, and authorize the Chair to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Owner Letter (PDF) 2. Backup documents 306 S 9th (PDF) 3. Lien Order 306 S 9th (PDF) 4. executed release (PDF) 16.A.6 Packet Pg. 520 04/26/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 21657 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $1,211.49 for payment of $711.49 in the code enforcement action titled Board of County Commissioners v. Alfredo Miralles, Sr., relating to property located at 306 S 9th St, Collier County, Florida. Meeting Date: 04/26/2022 Prepared by: Title: – Code Enforcement Name: Dana Rarey 03/10/2022 3:46 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 03/10/2022 3:46 PM Approved By: Review: Code Enforcement Colleen Davidson Additional Reviewer Completed 03/14/2022 1:06 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 03/18/2022 12:16 PM Growth Management Department Diane Lynch Growth Management Department Completed 03/22/2022 1:32 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 03/25/2022 11:12 AM Growth Management Department James C French Growth Management Completed 03/26/2022 2:37 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/28/2022 9:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/28/2022 2:43 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/04/2022 8:31 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/13/2022 3:30 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM 16.A.6 Packet Pg. 521 Illiana Burgos Operations Supervisor Collier County Code Enforcement Division 2800 N Horseshoe Dr Naples FL 4104 Ref: Case No C8SD2005100162 10127/202t Good moming to you, Mrs. Iliana Burgos. My name is Alexsi Miralles, and I am representing my mother, Miradis Miralles. I am writing to you about Case No CESD2005100162, address 306 South Ninth Street referenced above. My mother, Miradis Miralles, is the property owner of a divorce that originated in June of 2014. She received this property as part ofher divorce settlement. She was unaware that this property was part ofthe marital assets; and that they had violations or fines. My father never let mom know of the finances or income of the family at the time. She did not know ofany violations against the property in 2006. She had no notion of violations or even what type ofviolations were till about four months ago when the county informed us. This issue originated because the quit deed claim was incorrect. We needed to apply for a new quitclaim deed that is finally correct at the Collier County Tax Collectors Office. I have researched online as far as the amount owed for the violations is $11000.00 plus the operational cost of$188.80. I do not know that the case is closed and is not incurring fines anymore. I want to ask the Collier County Code Enforcements Offices to request or mitigate a reduction ofthe fine, ifpossible. The property has seasonal renters, and the rent collected on the said property is $550.00 per month and is only rented 6 to 8 months out of the year. Due to the pandemic of 2020, we also lowered their rent by $100.00, and they are paying $450.00 currently. Twenty Twenty and twenty twenty-one income are $3600.00 for the eight months of the year, and after maintenance, repairs, and taxes, we have been losing on this property for the last five years. Can the fines be reduced? My Father Alfredo Miralles is suflering from Alzheimer,s,pirrhosis of the liver. Dementia. and is bedridden and unable to comprehend what is happening atihe present moment. My mother, Miradis Miralles, has many health issues, which are parkinsonrs Dlsease, high blood pressure, Diabetes, Gout, Severe Depression, Anxiety Issues, and now early stages of Dementia. I am asking on behalf of Mrs.Miradis Miralles if the collier code Enforcement would bewilling to allow her to pay or mitigate payment of one percent of what is owed of the assessed fines for Case No. CESD200601048 at this moment for a total of$19g.g0. I ask if Code Enforcement will c^onsider this offer due to my mother's health issues/hardship at present. Please, I ask for you to forgive this and accept our offer. Thank you for your time andpatronage in reading this email. Sincerely, Alexsi Miralles and Miradis Miralles 16.A.6.a Packet Pg. 522 Attachment: Owner Letter (21657 : BCC v. Alfredo Miralles, Sr) Alfredo Miralles. Sr. 2005100162 306 S 9th Street Immokalee,FL34142 Folio # 78570120002 Litter, unlicensed/inoperable vehicles, prohibited land & minimum housing issues Order ltems: $ 100/day fine x 351 days (May 1, 2006 - April I 7,2007): $35,100.00, reduced to $1000.00 by Special Magistrate based on mitigating circumstances plus operational costs of $211.49 Total Fines: $U11.49 FOF Order OR 4023/PG 0873 recorded on 4124106 IOF Order OR4223/PG 1484 recordedon5l3l0T Violation abated: April 17, 2007 Deed recorded on l0/8/14, and case is in compliance as of 4l17l07 Offer of settlement: $711.49 ($500 fine + $211.49 operational costs) New Owner divorced from Mr. Miralles 51231t3. ACCRUED VALUE: S1.211.49 PAYMENT OF: $ 7rr.49 TOTAL FINES TO BE WAIVED: $500.00 l. 108 White Way CES20120003627 2. 302 gth St S 2006010408 3. 304 9th St S 2006010407 4. 306 9th St S 2005100162 5. 308 9th St S 2006010406 16.A.6.b Packet Pg. 523 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Numbers Transaction Number: Date Paidl Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETATLS: Fee Description Specia I Maglstrate Operational Costs (SIvl ) Cashier Name: Batch Number: Entered By: 2022942Lt5 2022-O23L85 03/08/2022 $L,2tt.49 Payment Method Check $7LL.49 $0.00 Miralles, Alexis 112 Dania Cir Lehigh Acres, FL 33936 Reference Number Amount Paid $7L|.49 Check Number 0073519829 Original Fee $ 1,000.00 $277.49 Amount Paid $s00.00 $2u.49 GL Accou nt 2005100152 2005100162 Vanessa.McHenry 10806 Ilia na Bu rgos 111- 138911-343922 777-138977-343922 16.A.6.b Packet Pg. 524 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) Parcel No 78570120002 Collier County Property Appraiser Property Summary Site 306 S Address 9TH*Disclaimer ST Site City IMMOKALEE Site-Zone 34142^NOIE Name / Address MIRALLES, MIRADIS PO BOX 1561 City IMMOKALEE Strap No. 678100 32E04 Latest Sales History (Not all Sales are listed due to Confidentiality)Date Book-Page Amount State FL Zip 34142 Township Range Acres *Estimated 47 29 0.14 Section 4 Millage Area o 5 Sub./Csnda 678100 - UTOPIA HOMES UNIT Use Code & 8 - MULTI-FAMILY LESS THAN 1 Millage Rates tl *Calculations 1 School Other Total 0 uNtT 5.016 9.6815 14.6975 5083-3070 50.83-3058 3647:1t547 2233-384 2233-383 2233-381 2180-636 Change) $ 9,775 $ 29,488 $ 38,263 $ tzg $ 38,1sa $ 38,253 $ 38,13+ after the 2AZA Certified Tax Roll (Subject to Land Value (+) lmproved Value 1=; Market Value t-t 10% Cap 1O106/14 10/06114 09/22104 09/27/96 09/27196 09127/96 os/o4196 $ ss, $ 100 100 1=1 Assessed Value 1=; School Taxable Value i=j Taxable *alue lf all Values shown above equal 0 this parcel was created FinalTax Roll Map No. zEO4 Legal .UTOPIA HOMES UNIT 1 tOT 3 16.A.6.b Packet Pg. 525 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) INSrR 5030000 0n 5063 PG 3070 REC0RDED 10/8/201"4 1:56 PM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REc $18.50 This instrument prepared bY, Recording requested by and when recorded return to Alexsi Miralles PO BOX 1661 i lmmokalee FL 34nd3'" ..' ,.' ! Parcel l.D. #78570120002...'.' 2 by Alfredo Miralles, Grantor, of whose post office address is PO BOX 1661 ( CONVEYAN.CE€IVEN a J.J WITHOUT BENEFIT OF TITLE EXAMINATION QUITCLAIM DEED THIS CALIM DEED, Executed this 902 Juno Drive Lehigh Acres FL to Miradis lmmokalee FL34142.JI WITNESSETH, that said Grantor, for valuable co the Grantor hereby acknowledged this quitclaims and remise, release and quitclaim unto forever, all right, title, interest and claim which the said first party has in and to the followjrtg i parcel of land, and improvements and appurtenances thereto in the county of Collier, State to wit: Property lD # Site address: 306 NINTH STREET SOUTH Legal Description: UNTOPIA HOM FL 34142 LOT 3 ,1" Subject to all easements, right of ways, protective covenants, and mine_rdl Taxes for the year of 2OL4 shall be paid by the Grantee as when due to the of following year after the date of recording of this of record, if any ector at the beginning THE PROPERW HEREIN CONVEYED IS NOTTHE HOMESTEAD PROPERW lN WTNESS WHEREOF, The said Grantor has signed and sealed these presents the written above. year first 16.A.6.b Packet Pg. 526 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) *** oR 5083 PG 3071 *** Signed, seoled ond delivered in the presence of Signed by: of 'i Na of Grantor re of Witness #1 I name of Witness #1 D name of ness #2#z County of on Oc fsb<r lo , 2o \4 . the Grantor,\ personally came before me and, duly sworn and that he/she s above document in my presence. Mr. Alfredo Miralles who p roduced D s identification fn Signature of Notary Printed name of Notary I ,: Notary Public, ln and for the county of C O\ \ i e-r (rare nr SHISA M GILBERT LrY coMMtsstoN #FFoo4s3o EXPIRES Aprit g,ZOt7 39&0t53 My commission exp ires: A ot? trl 0'r- t ; f ".' '.state or Florrdq, 16.A.6.b Packet Pg. 527 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) : BIIR&LLES 5e, ALrR5l}O, Address:1 783 IFl*'onerHrstrrrc Owner I t"l 1EgXstoricHrB$nerfils 5 *th 5T,Unrt," Immnkalee 3rls 5 8th 5T, A nE'rlj per5An or businFsr to &ddre;s s 20"80 0perati*nal C osts {51{ J Rental F.* n eir. al 20.00 (9,116jt:0Cr8 Renewal 5'1.n0 $ !o:!o 0BPR Surchar'g* 06/il51:80S Electrical BCA] 08./?1rr3017 5'],00 fiR.',?1,'ln1? 5 ?.r:rrJ 08/:11t017 Fee q qn fitl 0*ii:1,I:fi17 $ ?.00 $ 3.{0 *.es cr ,3orT'r - ,Appiicatr*n {'t'eidel;on <55$ 11,.1*Jel . $lff_q Quantrtri Fer Fayshle: Paid By / ra f'{IR'&LLE$. !'-tJf,,Ai'i S. & r:l jre rs r F* $ *XSr.dfl*r Parcel f.lo. 17857Ot?000? &ddress{es) trrcSelty fnformaticrr r.iiei*j i,e r:S arr thl! ;a*!e.:\. C,pen AlertS: 1 Feer Shuw Ne &tl relnted fees (Pr*perty] & Entered ay lttiana sur6*s Fe* Paid? R.e lresh sate Due { Eat* Entered riq./1Q,'?irf 1 * Fayments $1-*nn nn g ? 11"49 q r') alr'l rRentsl s 2s.rCI 5.I0:!9., .' Rrntal Registratirn Renrr+al 16.A.6.b Packet Pg. 528 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MASTER osM cAsE No.200s100162 COLLIERCOT]NTY BOARD OF COUNTY COMMISSIONERS, Petitioner ALFREDO MIRALLES, Defendant(s) AIFIDAVTT OF COMPLTANCI) STAIE OF FLORID,A. COTINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared JOHN SANTAFEMIA, Code Enforcement Official for the Hearing before the Speiial Master of Collier Coun!, who after being fully sworn, deposes and says: L That on MARCH L7, 2006, the Special Master held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations by MAY 01, 2006 as stated in the Order of the Special Master recorded in the public records of Collier County, Florida in OR Book 4023 PG-0ElL. 2. That a re-inspection was performed on APRIL 11,2007. 3. That the re-inspection(s) revealed that the corrective action ordered by the Special Master has been taken. FURTHER AFFTANT SAYETH NOT. DATED this 17TH day of APRIL, 2007. COLLIER COLINTY, FLORIDA HEARING OF MASTER SANTAFEMIA Code Enforcement Official STATE OF FLORIDA COLNTY OF COLLIER (or affnmed) and subscribed before me this I TTH day of APRIL 2007 by JOHN SANTA-FEMIA. c^ of {olhRy t Ul rur rn, M larcr. (Print/Type/Stamp Commis si oned tnDdeo Name of Public;) Personally known VS, I I I I i I I t I t ItI t i r I i i, I i J I i REV A27t07 16.A.6.b Packet Pg. 529 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No. - 2005-100162 4012725 0R: {223 PG: 1{S4 mconDtD iu 0!!ICI& X!C0I08 of cll[llll cout?t, ![ 0t/03/2007 at 09rl9ll I}IIGI! t. 810fi, Ctm Retn:BItrDISl uuu 0?n, c00m llc Bl lt't0 cotlltt c0ufl c0Dt trl{)ne. 2800 I x0mtsEot Dt ots Bt0c lmus ru 3fi0r land use, which FL.'Foliq'#785 Respondent(s) THIS CAUSE came before rhb Motion for Imposition of Fines on A respective to all appropriate matters, Master, as follows: and the Special Master, having heard argument its Findings of Fact and Order of the Specia! l. On March l'l, 2006. Respondent(s)guilry of violation of Ord. 04-58, Sec. ll. 12 and 19. Ord. A44t. Sec. 2.01.00, 2 Ord. 05-44, Sec. 7 for a litter violation. minimum housing violations and prohibited violations occurred on the properry located at 306 Ninth Street South. Immokalee.74120002 2. An Order was entered by the Special violation on or before May l, 2006. or a fine of $ the violation continued thereafter until abatement. oR 4023, PC 0873). 3 Based on testimony of the investigating officer, abatement as of the date of the hearing, and fines of$100 per day for 351 days have accrued 4. Operational costs incurred by the County of $21 I .49 were paid on or before May l, 2006. 5' No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 6' Respondent(s),.having been duly notic^ed for the public hearing regarding the County'sMotion, appeared for the public hearing, but failed to introduce evide-nce-or prJr.n, any legalbasis for denial of the county's Motion for Imposition of Fines. 7: Respondent presented testimony regarding efforts made toward compliance andabatement, which evidence was considered as mitigatlng circumstances. to be & recorded at I BOARD OF Petitioner, ALFREDO COMMISSIONERS Y3. t, l' MIRALLES, SR.,. Master for public hearing upon the Petitioner's to abate the be assessed for each day copy 16.A.6.b Packet Pg. 530 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) B. Respondent(s) is/are ordered to pay fines of $ 100.00 per day for the period between May l, 2006 and {g{l 17, 200'l for 351 days for a total of$35.100.00, which amounl is reduced to a fine of $ t 0O6.Od_bdSed on mirigating circumsrances.,/- _,-.' C. Respondint isprdered ro pay previously assessed operational costs of $2 I I .49. *t* 0R. 4223 PG:1495 rtr ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.0446, it is hereby ORDERED: A. Petitioner's Motion for [mposition of Fines is granted and costs in the total amount of StllljlIlof Lien against all properties owned by , 2007 at Collier County, Floride. NDA C. GARRE Msster Coun$r Code Enforcement PAYMf,NT OF FINES: Any fines ordere'Jro'b".pdid pu.rrun, ro this order may be paid at the Collier County Code Enforcement Department4800 Nonh Horseshoe Drive, Naples, FL 34104, fax #(239) 403-2343. Any release of lien or confirmation of compliance or confirmation ofthe satisfaction ofthe obligations of this order may also bJ.Obtqined ar this location. LIEN RIGHTS: This order will be recorded in the piiblic Records of collier county. After three (3) months from the filing of any such lien or civil c[*im which remains unoaid. the Special Master may authorize the counry Anomey to foreclose orithe liLn or pursue collection on unpaid claims. In the event that outstanding fines are forwarded-tq a collections asencv. the Violator will be responsible for those costs incurred by Collier Counryl - ,i APPJAI, RJGHTS: Any aggrieved parry may appeal a final orOer of tiie jpqcial Master to the circuit courr within thirty (30) days of the eiecution of rhe order appeuGi.'An upp""r ir,"rrnol be a hearing de novo' but shall be limited to appellate review of theiecord ero&teil wirhin theoriginal.hearing. -lt is the responsibility ofthe appealing party to obrain a trlr.ns.ribed ,*;.J;;the hearing from rhe Cterk of Courts. Fiting an eppeat ,ilait nor s? t/."Osfffl"t il;,;il;r.' Respondent(s) - Alfredo Miralles. Sr. -,/ Collier Co. Code Enforcemen I Dept. z,-,. 4 -o'1 ;ounry ot COIIJEB ffifffitrffiI'n IERX 0FCOUms 4.-b 0w T E. BROC c D.C. IDI! € 16.A.6.b Packet Pg. 531 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) srare or f LoRtuA )ounry of COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA vs. ALFREDO MIRALLES SR, Respondent(s) ITO3IMMOKALEE RD IMMOKALEE, FL 34I42 L ase m:-msroo?69' -- - ,, COLLIER COLTNTY CODE ENFORCEMENT,-,y' ,' .*.i SRDER OF THE SpECIAL M;\STER .-r Alleged violarion: - l'"'i4ItltttutuM HoustNC vroLATroNS/Ll'rrER/pRoHIBtrED LAND usE Violation of: ' "-^od'pntaNcE 04-58 sEC. n,r2.r9:04-4r AS AMENDED sEC.2.0t.00.2.02.03:05-44 sEC 7 "1. ;Locarion: 306 gTFi ST S Fotio: 78570120002 date and time ro have an interior inspection of the property within l4 hearing. The respondent is also responsible for COLLIER COUNTY CODE CEMENT SPECI AL MASTER A C-. CARRE paying all operational cosls incurred during the prosecut ion of th is casc antl a lso must pot ifr the cqdc enforceme nt inr r.,st iulrt.r tl I abatemenr of the violations within 24 hours of abaremenr so thar a tinal inspecti[n carlbe pertbrmed. The operational .uo, ,nrr, be paid within 45 days of this hearing. *t ,-* 'l The Violator/Respondent is ordered to , ', .",.r' . [t rnc violator is assessed $2 I I .49 for costs incurred by rhe code Enforcemenr Dcparrmeni dr,"g J. yrrecurion of rhis case. [l rne violaror must notify thc code Enlbrcement tnvestigator rvhen the violation has been abated so rha"{.,.pdl inspectron ma1 bt pcrlirnncd ' ,"'*"-' thal outstanding fines are lonvarded ro a collections ug.n.y, thr: violator rvill bc icsponsiblc lbr thosc cosrs incurred b1 Collier count1.. ffi.i:.:ilffi.'#il$::ithist)rcicroI'thcSpccialMastcrttlthcC.ircuitCjoUn.An)appcalrnustbcljlcdrtrthrrrthtrt.,1'itt.1 rerr: sErRrBr crRc* rtt 3825187 0R: 4023 pG: 0gl3 ilr c0DB llll0lcBl{lxT mcoRDID ln the oulcl& ruconDs 0f co[llln couxil, r[ illl,liiTiiflt '* 04t2tt2006 ii-riliiii"irrrcrT s: Bioai;-ild- mc rB i0.00 I HEREBY E. e buclno Recoros thlr ......i'" ctenr FINDINGS OF FACT: r" A. The subject violation ffilwas [*as nor issuerl Codc ot'l.arvs and ()rdinuncc: B. Based on the evidence presenred. rhe Violaror is tbund 0r gurltr ol thr: sub.jcct I iolatron. f, I hc ,;atc ts drsnltj5cLl. IT IS HEREBY ORDERED THAT THE BE TAKEN: A stipulation has been reached in this case in the stipulation asreenlcnt prohibitcd land usc wirhin.l5 dals ul'rhis s/rz /oG DATE ( I 16.A.6.b Packet Pg. 532 Attachment: Backup documents 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) COLLIER COUNTY CODE ENFOBCEMENT SPECIAL MASTER Case No. - 200$100162 4012725 0R: {223 PG: 1{B{ mC0n0lD in 0lltCil UC0tDt 0f C0t.lllt C0[til, ![ 0t/0312007 at 09:lgil DIIffi t. il0fi, CLtlI IIc ril tc.t0 RetnrBXtrDISl UrrU 0?tn, C00rD cottltl coum c0Dt ilmnc. 2800 I mn$s[0t Dt oxs BLDG xr?[$ ?[ 3fi0t BOARD OF COUNTY COMMISSIONERS coLLtER c-opNTY, FLoRTDA,-n.1. ,J Petitioner, I Ys. .-.-r* ,s" t ALFREDO MIRALLES, SR.,. Respondent(s) THIS CAUSE came before Motion for Imposition of Fines on A respective to all appropriate mafiers, Master, as follows: Master for public hearing upon the Petitioner's and the Special Master,having heard argument its Findings of Fact and Order of the Special On March 17, 2A06. Respondent(s)guilty of violation of Ord. 04-58, Sec. ll. 12 and 19, Ord. 04-4t. Sec. 2.01.00, 2 Ord. 05-44, Sec. 7 for a litter violation. minimum housing violations and prohibited violations occurred on the property located ar 306 Ninth Street South, Immokalee.FL 70t20002 5' No Request for Re-hearing or Appeal pursuant to ordinance 04-46 has been timely filed.6' Respondent(s), having been duly noticed. for the public hearing regarding the county,sMotion, appeared for the public hearing, but failed to introduce evidence or present any legalbasis for denial of the county's Motion fir rmposition of Fines. 7 ' Respondent presented testimony regarding efforts made toward compliance andabatement, which evidence was consider"d u, *itigutlng circumstances. I lartd 2. An Order was entered by the Special Master to abate theviolation on or before May l, 2006, or a fine of $100.00 be assessed for each daythe violation continued thereafter until oR 4023, PG 0873). abatement. (A copy 3. Based on testimony of the investigating officer, abatement as of the dateof the hearing, and fines of$100 per day for 35 I days have accrued. 4. Operational costs incurred by the Counfy of $21 I .49 were assessed to bepaid on or before May l, 2006. & recorded at 16.A.6.c Packet Pg. 533 Attachment: Lien Order 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) tr* 0R' 4223 ?G:1{85 trt ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.0446, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted and costs in the total amount of !lf!!p against all propenies owned by 2007 at Collier County, Floride. t of Lien B. Respondent(s) is/are ordered to pay fines of $100.00 per day for the period between May | , 2006 and ,|py'l | 7, 2007 for 15 I days for a total of $35. I 00.00, which amount is reduced ro a fine of $ I 000.00)dsed on mirigaring circumstances.,/ ,.- ,C. Respond6nt is prdered to pay previously assessed operational costs of $2 I I .49. Respondent(s) - Alfredo Miralles, Sr. -.-Collier Co. Code Enforcemen I Dept. 2,,,- 4 -o'1 :ounty o, COLUER ffirffiffir" cc:I LERI( OF COURTS y.7 0w rE. B c D.C. PAYMENTOFFINES: Any at the Collier County Code Enforcement 34104. fax #(239) 403-2343. Horseshoe Drive, Naples, FL olcompliance or confi rmation location. Respondent Collier Counry, 1-i l\1, I RREl -r/ 16.A.6.c Packet Pg. 534 Attachment: Lien Order 306 S 9th (21657 : BCC v. Alfredo Miralles, Sr) 16.A.6.d Packet Pg. 535 Attachment: executed release (21657 : BCC v. Alfredo Miralles, Sr)