Agenda 12/12/2023 Item #16A24 (Initiate forecloseure proceedings in relation to Code Enforcement Liens)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to
Section 162.09, Florida Statutes, in relation to $26,159.15 in accruing code enforcement liens arising from the
Office of the Special Magistrate Case Nos. CENA20120012930, CENA2013000295, CENA20130008799,
CCENA20130012608, CENA20210003518, CENA20220004824, and CENA20230000528, titled Board of County
Commissioners, Collier County, Florida, vs. Carlos Erik Estrada, pursuant to Section 162.09, Florida Statutes.
OBJECTIVE: To obtain Board authorization for the Office of the County Attorney to initiate foreclosure
proceedings pursuant to Section 162.09, Florida Statutes, in relation to $26,159.15 in accruing code enforcement
liens against all real and personal property owned by Carlos Erik Estrada for ongoing violations on a parcel located
in Immokalee, Florida 34142 (Folio No. 25582680004).
CONSIDERATIONS: Parcel No. 25582680004 was purchased by Carlos Erik Estrada via Warranty Deed dated
February 7, 2006, recorded at O.R. Book 3979, Page 2096, et seq., of the Official Public Records of Collier County.
There are 12 cases assigned to this property; five of the cases have been closed, and the remaining seven cases
listed below are liened.
This property was assigned to the mandatory lot mow program, as it has been found to violate Collier County
ordinances; the seven cases listed below have been liened, and the property continues to be in violation. The
mowing vendor has been paid for mowing the property 65 times.
Case No. CENA20120012930: On November 2, 2012, the Special Magistrate entered an Order Imposing Fines,
which imposed a $230 lien on all real and personal property owned by the property owner, and which provided for
continuing accrual of interest at 12% per annum commencing on the date the Order was recorded. The lien order
was recorded in O.R. Book 4859, Page 2536, et seq., of the Official Public Records of Collier County on November
30, 2012. As of September 14, 2023, the accrued lien amount consists of $230 in lot mow and administrative fees
plus $299 in accrued interest, totaling $529.
Case No. CENA20130002952: On June 7, 2013, the Special Magistrate entered an Order Imposing Fines, which
imposed a $230 lien on all real and personal property owned by the property owner, and which provided for
continuing accrual of interest at 12% per annum commencing on the date the Order was recorded. The lien order
was recorded in O.R. Book 4946, Page 3277, et seq., of the Official Public Records of Collier County on July 22,
2013. As of September 14, 2023, the accrued lien amount consists of $230 in lot mow and administrative fees plus
$280.60 in accrued interest, totaling $510.60.
Case No. CENA20130008799: On September 6, 2013, the Special Magistrate entered an Order Imposing Fines,
which imposed a $240 lien on all real and personal property owned by the property owner, and which provided for
continuing accrual of interest at 12% per annum commencing on the date the Order was recorde d. The lien order
was recorded in O.R. Book 4975, Page 630, et seq., of the Official Public Records of Collier County on October 15,
2013. As of September 14, 2023, the accrued lien amount consists of $240 in lot mow and administrative fees plus
$285.60 in accrued interest, totaling $525.60.
Case No. CENA20130012608: On December 6, 2013, the Special Magistrate entered an Order Imposing Fines,
which imposed the initial lien in the amount of $230 on all real and personal property owned by the property owner ,
and which provided for continuing accrual of interest at 12% per annum commencing on the date the Order was
recorded. The lien order was recorded in O.R. Book 4999, Page 157, et seq., of the Official Public Records of
Collier County on January 8, 2014. The property was placed on the mandatory lot mow program on September 10,
2013, and liens continue to accrue (see Item A). As of September 14, 2023, liens consist of $3,810 in lot
mow/abatement fees, $8,400 in administrative fees, plus $7,502.60 in accrued interest, totaling $19,712.60.
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Case No. CENA20210003518 On September 3, 2021, the Special Magistrate entered an Order Imposing Fines,
which imposed a $1,205 lien on all real and personal property owned by the property owner, and which provided
for continuing accrual of interest at 12% per annum commencing on the date the Order was recorded. The lien
order was recorded in O.R. Book 6027, Page 1323, et seq., of the Official Public Records of Collier County on
October 15, 2021. As of September 14, 2023, the accrued lien amount consists of $1,205 in lot mow and
administrative fees plus $277.15 in accrued interest, totaling $1,482.15.
Case No. CENA20220004824 On October 15, 2021, the Special Magistrate entered an Order Imposing Fines,
which imposed a $720 lien on all real and personal property owned by the property owner, and which provided for
continuing accrual of interest at 12% per annum commencing on the date the Order was recorded. The lien order
was recorded at O.R. Book 6180, Page 1597, et seq., of the Official Public Records of Collier County. As of
September 14, 2023, the accrued lien amount consists of $720 in lot mow and administrative fees plus $79.20 in
accrued interest, totaling $799.20.
Case No. CENA20230000528 After repeated attempts to contact the property owner for a violation consisting of an
accumulation of litter and debris, the nuisance was abated by a county vendor on August 14, 2023. Invoice #3469
was mailed on August 24, 2023, in the amount of $2,600, payable within twenty days, or an administrative fee will
be increased, and interest of 12% per annum will be charged until satisfied. Payment has not been received (as of
September 18, 2023) and is pending referral for a lien order.
The breakdown of the liens is as follows:
The property is not protected by homestead, and the property is appraised at $8,521 by the Collier County Property
Appraiser (based on the 2023 Final Tax Roll). There are no mortgages or other liens associated with the property in
question. The 2021 Property taxes of $678.54 are delinquent and Certificate #1190 was issued in June 2022. The
2022 Property taxes of $588.73 were paid in full. The 2023 Property taxes of $643.35 are not due until March 2024.
FISCAL IMPACT: The fiscal impact of initiating a foreclosure suit is approximately $410.00 (representing a
$400.00 filing fee plus service cost). Costs for maintaining the lawsuit (including, as necessary, any title review,
copies, mailings, service, transcripts, and other routing litigation costs) should not exceed $500.00. The County
should ultimately recover all costs in initiating and pursuing this lawsuit.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form
and legality. This item requires a majority vote for approval. RTT
RECOMMENDATION: To authorize the Office of the County Attorney to initiate foreclosure proceedings
against any non-homesteaded property owned by Carlos Erik Estrada, pursuant to Section 162.09, Florida Statutes,
in relation to Special Magistrate Case Nos. CENA20120012930, CENA20130002952, CENA20130008799,
CENA20130012608, CENA20210003518, CENA20220004824, and CENA20230000528, titled Board of County
Commissioners, Collier County, Florida, vs. Carlos Erik Estrada, pursuant to Section 162.09, Florida Statutes.
Prepared by: Tom Iandimarino, Director, Code Enforcement Division
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ATTACHMENT(S)
1. Item A (PDF)
2. Account Summary - Tax Collector Estrada (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.24
Doc ID: 26752
Item Summary: Recommendation to authorize the Office of the County Attorney to initiate foreclosure
proceedings pursuant to Section 162.09, Florida Statutes, in relation to $26,159.15 in accruing code enforcement
liens, arising from the Office of the Special Magistrate Case Nos. CENA20120012930, CENA20130002952,
CENA20130008799, CENA20130012608, CENA20210003518, CENA20220004824, and CENA20230000528,
titled Board of County Commissioners, Collier County, Florida, vs. Carlos Erik Estrada.
Meeting Date: 12/12/2023
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
09/22/2023 2:27 PM
Submitted by:
Title: – Code Enforcement
Name: Thomas Iandimarino
09/22/2023 2:27 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 09/26/2023 8:40 AM
Code Enforcement Colleen Karlen Additional Reviewer Completed 10/02/2023 10:52 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/06/2023 10:29 AM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/11/2023 1:14 PM
Code Enforcement Thomas Iandimarino Director review Completed 11/06/2023 3:24 PM
Growth Management Community Development Department James C French Growth Management Completed
12/01/2023 5:05 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 12/06/2023 4:07 PM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 12/06/2023 4:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2023 4:20 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/06/2023 4:21 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 5:05 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.24
Packet Pg. 1131
Case No. CENA20130012608 Item A
Date Order Recorded Invoice #Vendor Fee Admin Fee Accrued Interest Total (as of 9/14/23)
1/8/2014 Lot Mowing Admin (Penalty fee)$50.00
O.R. Book 4999 PG 157 NA Admin Fee $100.00
Lot Mowing Invoice #672 $30.00
NA Lien Admin $100.00
12% Interest $324.80
Total $604.80
3/7/2014 Lot Mowing Invoice #795 $30.00
O.R. Book 5014 PG 3329 NA Lien Admin Fee $100.00
12% Interest $148.20
Total $278.20
3/7/2014 Lot Mowing Invoice #5488 $35.00
O.R. Book 5014 PG 3326 NA Lien Admin Fee $100.00
12% Interest $153.90
Total $288.90
5/1/2014 Lot Mowing Invoice #5581 $35.00
O.R. Book 5032 PG 1527 NA Lien Admin Fee $100.00
12% Interest $151.20
Total $286.20
5/30/2014 Lot Mowing Invoice #5679 $35.00
O.R. Book 5043 PG 810 NA Lien Admin $100.00
12% Interest $151.20
Total $286.20
7/2/2014 Lot Mowing Invoice #5769 $35.00
O.R. Book 5054 PG 1153 NA Lien Admin Fee $100.00
12% Interest $148.50
Total $283.50
8/13/2014 Lot Mowing Invoice #5849 $35.00
O.R. Book 5066 PG 3756 NA Lien Admin Fee $100.00
12% Interest $147.15
Total $282.15
10/1/2014 Lot Mowing Invoice #5924 $35.00
O.R. Book 5081 PG 272 NA Lien Admin Fee $100.00
12% Interest $144.45
Total $279.45
10/1/2014 Lot Mowing Invoice #6037 $35.00
O.R. Book 5080 PG 3944 NA Lien Admin Fee $100.00
12% Interest $144.45
Total $279.45
10/28/2014 Lot Mowing Invoice #6110 $35.00
O.R. Book 5089 PG 1595 NA Lien Admin Fee $100.00
12% Interest $144.45
Total $279.45
12/3/2014 Lot Mowing Invoice #6182 $35.00
O.R. Book 5099 PG 3623 NA Lien Admin Fee $100.00
12% Interest $141.75
Total $276.75
12/31/2014 Lot Mowing Invoice #6273 $35.00
O.R. Book 5108 PG 1910 NA Lien Admin Fee $100.00
12% Interest $141.75
Total $276.75
2/11/15 Lot Mowing Invoice #6369 $35.00
O.R. Book 5119 PG 3082 NA Lien Admin Fee $100.00
12% Interest $139.05
Total $274.05
3/5/2015 Lot Mowing Invoice #6453 $35.00
O.R. Book 5126 PG 1328 NA Lien Admin Fee $100.00
12% Interest $137.70
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16.A.24.a
Packet Pg. 1132 Attachment: Item A (26752 : BCC vs. Carlos Erik Estrada)
Case No. CENA20130012608 Item A
Total $272.70
4/29/15 Lot Mowing Invoice #6523 $35.00
O.R. Book 5145 PG 1741 NA Lien Admin Fee $100.00
12% Interest $136.35
Total $271.35
5/29/2015 Lot Mowing Invoice #6607 $35.00
O.R. Book 5157 PG 2077 NA Lien Admin Fee $100.00
12% Interest $135.00
Total $270.00
9/8/2015 Lot Mowing Invoice #6708 $35.00
O.R. Book 5192 PG 1840 NA Lien Admin Fee $100.00
12% Interest $129.60
Total $264.60
9/3/2015 Lot Mowing Invoice #6822 $35.00
O.R. Book 5191 PG 2047 NA Lien Admin Fee $100.00
12% Interest $129.60
Total $264.60
10/2/2015 Lot Mowing Invoice #6890 $35.00
O.R. Book 5200 PG 1623 NA Lien Admin Fee $100.00
12% Interest $128.25
Total $263.25
10/29/15 Lot Mowing Invoice #6966 $35.00
O.R. Book 5208 PG 3576 NA Lien Admin Fee $100.00
12% Interest $128.25
Total $263.25
12/2/2015 Lot Mowing Invoice #7045 $35.00
O.R. Book 5219 PG 885 NA Lien Admin Fee $100.00
12% Interest $125.55
Total $260.55
12/2/2015 Lot Mowing Invoice #7135 $35.00
O.R. Book 5219 PG 1177 NA Lien Admin Fee $100.00
12% Interest $125.55
Total $260.55
2/12/2016 Lot Mowing Invoice #7204 $35.00
O.R. Book 5241 PG 3266 NA Lien Admin Fee $100.00
12% Interest $122.85
Total $257.85
4/1/2016 Lot Mowing Invoice #7304 $35.00
O.R. Book 5257 PG 1254 NA Lien Admin Fee $100.00
12% Interest $120.15
Total $255.15
4/29/2016 Lot Mowing Invoice #7372 $35.00
O.R. Book 5267 PG 2865 NA Lien Admin Fee $100.00
12% Interest $120.15
Total $255.15
4/29/2016 Lot Mowing Invoice 7439 $35.00
O.R. Book 5267 PG 2721 NA Lien Admin Fee $100.00
12% Interest $120.15
Total $255.15
6/6/16 Lot Mowing Invoice #7534 $35.00
O.R. Book 5280 PG 1348 NA Lien Admin Fee $100.00
12% Interest $117.45
Total $252.45
7/6/2016 Lot Mowing Invoice #7610 $35.00
O,.R. Book 5290 PG 3654 NA Lien Admin Fee $100.00
12% Interest $116.10
Total $251.10
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16.A.24.a
Packet Pg. 1133 Attachment: Item A (26752 : BCC vs. Carlos Erik Estrada)
Case No. CENA20130012608 Item A
7/27/2016 Lot Mowing Invoice #7688 $35.00
O.R. Book 5298 PG 283 NA Lien Admin Fee $100.00
12% Interest $116.10
Total $251.10
8/31/2016 Lot Mowing Invoice #7740 $35.00
O.R. Book 5309 PG 267 NA Lien Admin Fee $100.00
12% Interest $113.40
Total $248.40
9/28/2016 Lot Mowing Invoice #7804 $65.00
O.R. Book 5318 PG 1142 NA Lien Admin Fee $100.00
12% Interest $138.60
Total $303.60
11/2/2016 Lot Mowing Invoice #7865 $35.00
O.R. Book 5329 PG 3325 NA Lien Admin Fee $100.00
12% Interest $110.70
Total $245.70
12/7/2016 Lot Mowing Invoice #7934 $35.00
O.R. Book 5340 PG 2816 NA Lien Admin Fee $100.00
12% Interest $109.35
Total $244.35
12/30/2016 Lot Mowing Invoice #8011 $35.00
O.R. Book 5349 PG 2614 NA Lien Admin Fee $100.00
12% Interest $109.35
Total $244.35
12/30/2016 Lot Mowing Invoice #8068 $35.00
O.R. Book 5349 PG 2611 NA Lien Admin Fee $100.00
12% Interest $109.35
Total $244.35
2/2/2017 Lot Mowing Invoice #8152 $35.00
O.R. Book 5359 PG 2538 NA Lien Admin Fee $100.00
12% Interest $106.65
Total $241.65
3/16/2017 Lot Mowing Invoice #8195 $35.00
O.R. Book 5372 PG 1904 NA Lien Admin Fee $100.00
12% Interest $105.30
Total $240.30
3/28/2017 Lot Mowing Invoice #8257 $35.00
O.R. Book 5376 PG 1553 NA Lien Admin Fee $100.00
12% Interest $105.30
Total $240.30
6/2/2017 Lot Mowing Invoice #8300 $35.00
O.R. Book 5400 PG 3808 NA Lien Admin Fee $100.00
12% Interest $101.25
Total $236.25
6/30/2017 Lot Mowing Invoice #8397 $35.00
O.R. Book 5410 PG 3024 NA Lien Admin Fee $100.00
12% Interest $101.25
Total $236.25
8/30/2017 Lot Mowing Invoice #8466 $35.00
O.R. Book 5430 PG 452 NA Lien Admin Fee $100.00
12% Interest $98.55
Total $233.55
8/30/17 Lot Mowing Invoice #8522 $35.00
O.R. Book 5430 PG 455 NA Lien Admin Fee $100.00
12% Interest $98.55
Total $233.55
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16.A.24.a
Packet Pg. 1134 Attachment: Item A (26752 : BCC vs. Carlos Erik Estrada)
Case No. CENA20130012608 Item A
11/30/2017 Lot Mowing Invoice #8564 $45.00
O.R. Book 5453 PG 282 NA Lien Admin Fee $100.00
12% Interest $101.50
Total $246.50
2/28/2018 Lot Mowing Invoice #8638 $35.00
O.R. Book 5481 PG 2836 NA Lien Admin Fee $100.00
12% Interest $90.45
Total $225.45
5/25/2018 Lot Mowing Invoice #383 $100.00
O.R. Book 5514 PG 133 NA Lien Admin Fee $100.00
12% Interest $128.00
Total $328.00
3/13/2019 Lot Mowing Invoice #1021 $95.00
O.R. Book 5607 PG 1068 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $159.30
Total $454.30
3/13/2019 Lot Mowing Invoice 5651 $80.00
O.R. Book 5607 PG 1072 NA Admin ($100)$100.00
NA Lien Admin $100.00
12% Interest $151.20
Total $431.20
3/13/2019 Lot Mowing Invoice #1064 $85.00
O.R. Book 5607 PG 1070 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $153.90
Total $438.90
6/8/2019 Lot Mowing Invoice #1147 $75.00
O.R. Book 5639 PG 2236 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $140.25
Total $415.25
7/16/2019 Lot Mowing Invoice #1235 $75.00
O.R. Book 5652 PG 1840 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $137.50
Total $412.50
8/12/2019 Lot Mowing Invoice #1312 $75.00
O.R. Book 5661 PG 3091 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $134.75
Total $409.75
11/6/2019 Lot Mowing Invoice #1469 $85.00
O.R. Book 5692 PG 1830 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $131.10
Total $416.10
4/6/2020 Lot Mowing Invoice #1715 $85.00
O.R. Book 5748 PG 566 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $116.85
Total $401.85
8/14/2020 Lot Mowing Invoice #1820 $85.00
O.R. Book 5802 PG 226 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $105.45
Total $390.45
9/10/2020 Lot Mowing Invoice #1883 $170.00
O.R. Book 5814 PG 636 NA Admin Fee $100.00
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16.A.24.a
Packet Pg. 1135 Attachment: Item A (26752 : BCC vs. Carlos Erik Estrada)
Case No. CENA20130012608 Item A
NA Lien Admin Fee $100.00
12% Interest $133.20
Total $503.20
12/7/2020 Lot Mowing Invoice #2070 $85.00
O.R. Book 5855 PG 2483 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $94.05
Total $379.05
3/5/2021 Lot Mowing Invoice #2179 $85.00
O.R. Book 5903 PG 2155 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $85.50
Total $370.50
10/12/2022 Lot Mowing Invoice #2705 $170.00
O.R. Book 6180 PG 1601 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $40.70
Total $410.70
10/12/2022 Lot Mowing Invoice #2763 $85.00
O.R. Book 6180 PG 1599 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $31.35
Total $316.35
Lot Mowing Invoice #2793 $75.00
*Lien pending recording NA Admin Fee $100.00
NA Lien Admin Fee $100.00
Total $275.00
1/5/2023 Lot Mowing Invoice #2862 $170.00
O.R. Book 6204 PG 1527 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $29.60
Total $399.60
2/23/2023 Lot Mowing Invoice #2949 $170.00
O.R. Book 6218 PG 816 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $25.90
Total $395.90
5/11/2023 Lot Mowing Invoice #3037 $170.00
O.R. Book 6246 PG 492 NA Admin Fee $100.00
NA Lien Admin Fee $100.00
12% Interest $14.80
Total $384.80
Lot Mowing Invoice #3324 $85.00
*pending lien request NA Admin Fee $100.00
Total $185.00
Lot Mowing Invoice #3473 $85.00
*pending lien request NA Admin Fee $100.00
Total $185.00
Vendor Fee Admin Fee Interest Total
$3,810.00 $8,400.00 $7,502.60 $19,712.60
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16.A.24.a
Packet Pg. 1136 Attachment: Item A (26752 : BCC vs. Carlos Erik Estrada)
16.A.24.b
Packet Pg. 1137 Attachment: Account Summary - Tax Collector Estrada (26752 : BCC vs. Carlos Erik Estrada)
16.A.24.b
Packet Pg. 1138 Attachment: Account Summary - Tax Collector Estrada (26752 : BCC vs. Carlos Erik Estrada)