Agenda 12/12/2023 Item #16A25 (Release of Code Enforcement lien in the action titled BCC V. EstebanVargas Ayala and Esperanza Ramirez Reyes)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of $22,800 for a
reduced payment of $3,000 in the code enforcement action titled Board of County Commissioners v. Esteban
Vargas Ayala and Esperanza Ramirez Reyes, in Code Enforcement Board Case No. CESD20210007329
relating to property located at 17037 Blue Heron Dr., Collier County, Florida.
OBJECTIVE: To have the Board of County Commissioners accept an offer to release a code enforcement lien
with an accrued value of $22,800 for a reduced payment of $3,000 in relation to Code Enforcement Board Case No.
CESD20210007329.
CONSIDERATIONS: Due to a code violation at 17037 Blue Heron Dr., the Code Enforcement Board ordered the
imposition of a lien against Esteban Vargas Ayala and Esperanza Ramirez Reyes in Case No. CESD20210007329.
The violation consisted of demolishing a damaged manufactured home with an expired permit and the building of
an unpermitted two-bedroom structure with an exterior outlet on the property. The lien was recorded in the Official
Records on September 20, 2022, at O.R. Book 6175, Page 2678, in the amount of $6,118.70. Fines continued to
accrue, therefore the lien amount of $22,800 is based on 114 days of accrued fines of $200 per day from July 26,
2022, through November 17, 2022, plus $118.70 in operational costs, totaling $22,918.70. The payment of
operational costs in the amount of $118.70 was applied, leaving an outstanding balance of $22,800. The owner
brought the property into compliance on November 17, 2022.
Pursuant to Resolution No. 2023-90, a request for reduction of fines may be considered when payment of the lien
would impose a severe financial hardship on the owner. The property is being actively maintained, and the owner s
offer to pay $3,000 to settle $22,800 in accrued fines. The payment of $3,000 is more than ten percent of the Collier
County Property Appraiser’s Assessed Value of $27,889 (as of August 11, 2023) and meets the criteria outlined in
Resolution 2023-90. There are currently no known violations on the property.
FISCAL IMPACT: Acceptance of a payment of $3,000 to settle the lien will correlate to what is outlined in
Collier County Resolution 2023-90.
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 2023-90.-RTT.
RECOMMENDATION: To approve the recommended reduction of fines in the amount of $19,800, accept
payment in the 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: Tom Iandimarino, Director, GMCDD, Code Enforcement Division
ATTACHMENT(S)
1. 1. CESD20210007329 Application (PDF)
2. 2. CESD20210007329 Warranty Deed (PDF)
3. 3.CESD20210007329 Work Sheet (PDF)
4. 4. CESD20210007329 Recorded FF Order (PDF)
5. 5. CESD20210007329 IOF 9-20-22 (PDF)
6. 6. CESD20210007329 Stipulation Agreement- AOC (PDF)
7. signed release (PDF)
8. Owner letters (PDF)
16.A.25
Packet Pg. 1139
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 26895
Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of
$22,800 for a reduced payment of $3,000 in the code enforcement action titled Board of County Commissioners v.
Esteban Vargas Ayala and Esperanza Ramirez Reyes, in Code Enforcement Board Case No. CESD20210007329
relating to property located at 17037 Blue Heron Dr., Collier County, Florida.
Meeting Date: 12/12/2023
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
10/10/2023 3:02 PM
Submitted by:
Title: – Code Enforcement
Name: Thomas Iandimarino
10/10/2023 3:02 PM
Approved By:
Review:
Code Enforcement Colleen Karlen Additional Reviewer Completed 10/18/2023 12:15 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/30/2023 11:28 PM
Code Enforcement Thomas Iandimarino Director review Completed 11/03/2023 3:15 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/03/2023 4:21 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
11/06/2023 5:40 PM
Growth Management Community Development Department James C French Growth Management Completed
11/16/2023 7:27 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 12/06/2023 4:14 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 Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 12/06/2023 4:21 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/06/2023 4:22 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 5:06 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.25
Packet Pg. 1140
C.ot*wry
G rowth M a :; ; :C i: :l-'r:. :-: t r;ili i.-"r rtn re nt
Cocle En lbrcement Division
2800 Ilorscshoc f)rive N. Naples. l.'l- 34104
Plrone: (239\ 252-2440
A PPLICATI ON t.'OR I,I I.N R E D TTCTION PTJ RS TJA\]' 1'O RI'SOI,LI"IION 23-90
L Applicants must t'ill out and sign the fbrrn belorv and proride all rcquired
supportinu documents.
2. Applicants shor.rld provide the conrpleted application to the Code [:ntbrcenrent f)ivision
at the address listed abor,e.
l. Payment of S 150 is due ar rhc tirne of the application
4. AII administrativc- t-ecs and hartl costs must be paid at the tirnc ol- subnrission of
this application
5. The applicant must have no other activc cocle violations on any other prt,pcrty in
Collier County.
6. All ad valorem property taxcs, spccial assessments. Collier County utility charges or otlrcr
Collier County ll'es or liens against thc suhject rcal property antl all othcr propertics
owned by the applicant rnust be current.
7 . There must be no expired permits on property orvnetl by the applit:ant or mrnaging
member of the applicant.
tt. The t't1 request further documcntation
c.?m-
D^*, Bl2Bl2023 Code C:"ise Nunrhelrs CESD2A21 0007329
Name of Applicant:Esteban Ayala-Vargas
Original Violator (if ditlcrenr:N/A
Ir,ntail r\ddress ayalaresidence 1 @gmail.com Phone Numbcr 23e-682-3296
Address of App ricant: 17037 Blue Heron Dr Naples, FL 34114
Propertv Ora'ner(s) Name (if dilferent l'rom applicant):N/A
;\pplicant's relatiottship / attiliation with the violator nilrnt'd in lien(s)N/A
Ntanaging Nlember's Name (il' applicatrle)N/A
Address(es) of l,ienecl ltropertv 17437 Blue Heron Dr Naples,FL 34114
riorio Numo.r., 00 764680009
Description of underlving violation(s)
Unpermitted structure that appears to being used for dwelling purposes.
16.A.25.a
Packet Pg. 1141 Attachment: 1. CESD20210007329 Application (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
Nttmber of otlrer properties located n'ithin unincorporaterl Collier Countv or,,'ned bv
Owner / Applicant / lllanaging l\lernbev'N/A * lf unt', ttltugh li.tt o/ prrp(,t.t.1. ,Lltlre.\s(.\
Are there any active (Code) r,iolations on these prope rties'l Ycs NoX
Is the property current listed lbr sate? yes NoX
Does this property have a contract for sale pending: Yes_ NoX l./ .vt's. ultuch the
c:ontt'ttc'l and ull relevurtt doc:ument.t Anticipated closing date:
What is the current use of the proper-ty ; Vacant
Are there any expired permits on the property or any other property olvned bv theapplicant:* Ye's-- NoX_-- #'.t'c.t, platst, 1tt'ttv'idt,utr e.rtr:rttnrtrion.
Was this property sold or transferred after the lien was recorded: yes * Nox _ tl t,e,r,pleusc ulld('h ull t'lo.tittg dot'tttrrt'ttls inclutling the pux.huse {tgr(,(,tnctrl. If },es,iias ttre propertvobtained via:
-Tax
Deed
-Foreclosure
Sale _ Other (i.e. traditl,nal
purchase, received via inheritance).
If ves, was a title insurance policv issued at the tinre of sale? Ycs--** NoX__ ll1.<:.t,1tlcust,
lo tl.'h.t' tto titIe insurunt,e i.s ut'uiluble lbr the pt.o1tt,t.t.t'.
N-untber of liens submitted as part of this app Iication:1
State the amount you are requesting to pay for each lien:$3,000
The reasons, if any, compliance rvas not o
Reason for not being compliant with order of imposition was
btained prior to the ortler ol' imposition:
needing time to find a general contractor who would
take on this project. As a result, months went by with no luck in tryin g to secure a general contractor who would
take on a project that is already completed and has issues wilh Collier Counly Code Enforcemen.
Provide the factual basis as to u'hy a reduction of the lien should tre gr:rnterl. Please desrribe
the extent to u'hich payment of the tirll Iien rvould impose a severe linancial hardslrip, the
measurable expenses incurred to bring the propertl intu contpliance, and the tliligence ol'
the pursuit to bring the property into compliance. All supporting docurnr:nts to shon' the
measurable expenses shall he attached. (.1ttut'h udditittnul pu!<(s 'dtt<'rurturt-r if rtcct,s.rurr')
See attached letters.
16.A.25.a
Packet Pg. 1142 Attachment: 1. CESD20210007329 Application (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
FOR INTERNAT- USE ONL\':
Clode Ent'orcemenl Casc Nunrbcr(s):
0riginal Violation Date:
Order Imposing [,ien (BoolC Page):
Date Cornpliance Met:
Currently in compliance rvith existing codes at all properties orwred bir the app[cant:Yes_ No_
Current Amount of Lien:
Paynrcnt o{'all hard costs and administrativc {bcs: \'cs No
Current Assessed Value of Property:
Property use consistent with pcrmittecl use: Ycs No
Any expired pcrmits: Ycs-- No_
current rvith all propertl' taxes, special assessments, utility charges. etc.: yes__ No_
Has applicaut bcett lound to ltavc rcpoat violations at any propcrty in thc past 5 ycars:Yes No
History ot' othcr r, icilations:
Recommended reduction amoul'tt :
16.A.25.a
Packet Pg. 1143 Attachment: 1. CESD20210007329 Application (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
Collier County
Growth Management Division
2BO0 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Descrlption
Lien Reduction Application
Cashier Name:
Batch Number:
Entered Byl
2023t7247 65
2023-080438
09/0812023
$ 1s0.00
Pavment Method
Cash
Reference Number
cESD20210007329
Alicia,Rojas
12359
Ilia naBu rgos
Amount Paid Check Number
$150.00
$ 150.00
$o.oo
AYALA, ESTEBAN VARGAS ESPERANZA RAMIREZ REYES
17037 BLUE HERON DR
NAPLES, FL 347T4A927
OrioinalE
$ 1s0.0 0
Amount
Paid
$1s0.00
GL Account
111- 138911-354300
16.A.25.a
Packet Pg. 1144 Attachment: 1. CESD20210007329 Application (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
Collier County Property Appraiser
Property Summary
Percel No 0075{58{lfir!,Site Address
'Diediimer 17037 EIUE HERON DR Site Gty NAPI.I5 SiteZonelqlg illlll
SPERAfiZA RAtIIREZ REYEs
17037 BTUE HTRON DR
City NAP1I5 State FL Z9 :l'tlIt-892t
Map No.Strap ilo.Section Towndfp Range Acr€5 'EJtimted
6C20 000100 015 05c20 20 5l z7 0.37
L"r.t jfillj;giluxt/4t}{Rsfi86.21Ft.t 8eIEGw81lJ2Fr,BBilGPo8. lrserlrcw120Fr.s1l5FT,s8eDr6E120Fr.M35FrropoB.{uHRfCrorsl+t}..37AC
Millage Aree O 223 llrllcs-Eitql &lruliliur
Sub,/Condo TOO. A'REAGE HIADER 5(hool Other Total
Use €ode I 99 - ACRTA6€ T{OTZONED AGRKUTTURAT 1292 6,1876 10,n96
Latest Sales Hirtory 2023 Preliminary Tax Roll
6d{d to OugG}
Date Land Value I r05.85rBool-Pag€Amount
07lzsl07 tU52-710 f 8o.ooo
05ll1lo2 i!4Elit4 $ sz.ooo
07t28n8 4313!,to
0ll2tl88 ru:iiEl io
08/01/80 878-t 27 I to
lUOln9 818-266 $ 1,400
(r) lmproved Velu€3o
(:) Market Value 116.85r
(-! l0t6 I'lon-H,ome,stead tap $ 77.952
(:) fui€fs€d Value I 27,889
(=) SdloolTaDbleVdue
(:) TrEbl.Vdu€
3 105.85r
t 27.889
Neme / AddreSs AYA1A E5TEBAT{ VAfi6A5
16.A.25.a
Packet Pg. 1145 Attachment: 1. CESD20210007329 Application (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
!051178 0R: 4Zr,Z pG: 0730
RIC0RDED in 0tprcrA[ nxggp! of C0[[rrR *rrri, ,,0712512007 ar r2;l5pl Ducil r.;ffi;'dffi.,
THIS INSTRU*TENT PREPARED BY &, REWRNTO:NAIIIE: SUSINGWTWEoT{T,ANEMPLoTEE
GLOBAL TITLE COMPANY
ADDREIS: 3372 VOODS EDGECIRCLE,
I2, T,TNIT IO3
BONITA SPRINGS, FLORIDA 34131
06 I 50703
PARCEL 1.D.007616E0009
#:
RetnrBIpRBSS / pfO fr
croBtr tIIil c0
J372_r00Ds tDGt cIRC[t
't03BOIIITA SPRIXGS PI. 3II3I
:t r'
c0Is
Rtc tst
IXDIIItrG
Doc-. 70
80000. 00
2t .00
r ,00
560.00
FOR FOR
THIS WARRANTY DEED MADE THE 2e, DAy oF JUNE, A.D.2007, By
CONSOLACI
ROMERO, A
VARGAS AY
SIN
AND JOSE LUGO, WIFE AND HUSBAND, AND JUAN
N, HEREINATTER CALLED THE GRANTORS, TO ESTEBAN
ERANZA RAiIIIREZ REYES, HUSBAND AND WIFE, WHOSE
IS: 17037 BLUE HERON DRIVE, NAPLES, FL 34114,
GRANTEES:
POST OFFICE A
HEREINAFTER CAL
q'
WITNESSETH: THAT THE G
THE SUM OF $IO.OO AND OTHER
WHEREOF IS HEREBY ACKNOWLEDG
ALIEN, REMISE, RELEASE, CONVEY
THAT CERTAIN LAND SITUATED IN CO
SEE ATTACHED EXHIBIT 66A''
INCORPORATED HEREIN BY REFERENC
SUBJECT TO THE TAXES FOR THE YEAR 2OO7
RESTRICTIONS, RESERVATIONS, COVENANTS AND
ANY.
THE TERMS ''GRANTOR.S'' AND
THE PARTIES TO THIS INSTRUMENT,
HEIRS, I,EGAL REPRESENTATIVES
AND THE SUCCESSORS AND
WHEREVER T}IE CONTEXT SO
FOR AND IN CONSIDERATION OF
CONSIDERATION, RECEIPT
Y GRANT, BARGAIN, SELL,
UNTO THE GRANTEES ALL
, STATE OF FLORIDA, VIZ:
HERETO AND
BSEQUENT YEARS,
OF RECORD, IF
(wHEREVER D
''GRAIITEES'' IN
SINGULAR AND
AND ASSIGNS OF
ASSIGNS OF
TOGETHER WITH ALL THE TENEMENTS, H ANT)
APPURTENANCES THERETO BEI,ONGING OR IN ANYWISE AP ING.
AND THE GRANTORS HEREBY COVENANT WITH SAID GRANTEES THAT
THEY ARE LAWFULLY SEIZED OF SAID LAND IN FEE SIMPLE; THAT THEY HAVE
ADMITS OR REQUIRES.}
TO HAVE AND TO HOLD THE SAME IN FEE SIMPLE FOREVER.
IIERII
16.A.25.b
Packet Pg. 1146 Attachment: 2. CESD20210007329 Warranty Deed (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
0R: 4252 PG: 0731
TN WITNESS WHEREOF, THE SAID GRANTORS HAVE SIGNED AND SEALED
THESE PRf,SENTS, THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE O[':
WITNESS SIGNATURE CONSOI.A UGO
SUSA}I T. GUTKilEGHT
PRNTED
JOSE L
WITNESS
T*rvv*u_LS.
JUAN ROMERO
PRINTED
0
'{"t'
STATE OF FLONDA
CO(NTY OF LEE :?.,.\
THE FOREGONG /I{STR
DAY OF&Jle/2007, BY CONSOIaI
AND JUAN ROMERO, A SINGLE MAN,
PRODUCED DRII/ER 'S I/CENTSES /S
BEFORE METHIS ? 7
JOSE LUGO, WIFE AND HUSBAND
KNOWN TO ME OR WHO IUVE
AND WHO DID TAKE AN OATH.
MY
CKNOVLEDGER
arri*fs -7-'fu-QA
SUSAN M. GUTXNECHT
MY Col,,tulsstoN * DD 339251
EXPIBES: Juiy 20. 2t!6
Bsaod fha NclBry Fub:€ UnCaNnters
**NOTARY SEAL**
'4;,,
,?.+ss
^ .t..'.".y' .\. t.. .
,*)
16.A.25.b
Packet Pg. 1147 Attachment: 2. CESD20210007329 Warranty Deed (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
rrt gX | 4252 PG: 0732 itt
EXHIBIT "A"
Lots 3 and 4, BLUE HERON LAKE PARK, an unrecorded subdivision, beingmore particularly described as foltows:
Lot 3: B at the Quarter section corner common to Section 17 andSection 20,51 South,Range 27 East, run South Oo Ol2A" West1,186.21 feet;rth 89" 27'40" West 813.42 feet to an iron pin, being thePoint of Beginni North 89" 27'40" West 60 feet to an i ron pin; thenceSouth 0o 05'00'feet to an iron pin; then South ggo 27,40" East 60 feetto an iron pin; th 05'00' East 135 feet to the point of Beginning.
and
ence North
i:
Lot 4: Beginning at the
Section 20, Township 51
on corner common to Section 1l and
0
27 East, run South Oo O1'ZO, West1,186.21 feet; thence North 89"est 873.42 feet to an iron pin, bei ng thePoint of Beginning; thence North
South 0" 05'00" West 135 feet to
" West 60 feet to an iron pin;thence
; then South 89" ZT'40" East 60 feetto an iron pin; thence North O. O5,OO,feet to the Point of Beginning
an
16.A.25.b
Packet Pg. 1148 Attachment: 2. CESD20210007329 Warranty Deed (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
Code Enforcement Lien Relief Program
Resolution 2O23-9O
Esteban Va s Ayala and Esn eranza Ramirez Reyes
17037 Blue Heron Dr Naples, FL 34114
Folio # 00764680009
Legal: 20 51 27 COMM N1/4 CNR S 1186.21FT, N 89DEG W 813.42FT, BEING pOB, N 89DEG W
l20FT, S l35FT, S8gDEG El20FT, NI35FT TO POB, (UNREC LOTS 3 + 4), .37 AC OR 1335 pG 2264
Section l: Property Overview
RESOLUTION NO. 2023-90
Code Enforcement Case Number: CESD20210007329 for unpermitted 21' x23' 2/l residence and permit
PRBD2O180213303 for the demo of damaged manufactured home in expired status.
o 71912021: Original Violation Date
o I 1 l17 12022: Violation Abated - (1 1912021 - 1 1117 12022 : 497 days)
o Has the applicant been found to have repeat violations in the past five years: NO
o History of other violations:
o C8A20090014130: Caged turkeys, abated within 39 days, no fees/fines
o CEAU20090017765: Barbed wire fencing, abated within 18 days, no fees/fines
Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the
applicant:
o | 211512022 - Property tax, special assessments, and utility charges paid in full.
o Other Collier County liens: NO
r Expired permits: NO
o Other properties owned by the applicant in Collier County: NONE
o Property use in compliance with Zoning laws: YES, Residential
o New owner title insurance policy and/or closing documents included: NO
o 91812023 - Code Lien Relief application received
o 91812023 - Application fee of $150 paid
o 8/2812023 - Payment of all hard costs, administrative fees, and operational costs of $l18.70
Section 3: Eligibility
Lien Relief Attachments: CESD202 I 0 007 329
l. Code Lien Relig,lApplication & Documenls
6. CE,SD202l000'7329 Code Case Details
1
16.A.25.c
Packet Pg. 1149 Attachment: 3.CESD20210007329 Work Sheet (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
Code Enforcement Lien Relief Program
Resolution 2023-90
Section 4: Collier county Property Appraiser's Assessed value as of July 2023
Land Value
(+) Improved Value
(:) Market Value
(-) l0% Non-Homestead Cap
(=) Assessed Value
Order Items:
$200/day fine x 30 days
plus $l 18.70 in operational costs
812812023- fees paid
Recommended reduction amount:
107o of Assessed Value:
Applicant offer
Applicant included a flashdrive along with application
$ 105,851
o Total Fines Accrued: $22,800. This amount is fixed and no longer accruing.
. Applicant Case History: 2 cases described in Section 2, abated without hearings, no fines or
fees
112712022 - CEB imposition of fines order (fine start date)
8125/2022 - Hearing Held (fines continued to accrue until the violation was abated)
$0
$ 105,82 t
$ 77,962
$ 27,889
$ 6,000.00
$ I 18.70
$ ( r 18.70)
TotalFines: $ 6,000
812612022 - 1111712022 - Fines accrued after Imposition of Fine:
Order Items:
$200/day fine x 84 days $ 16,800
Total Fines $ 22.800
$ (2o,o1l)
$ 2,789
$ 3,000
2
16.A.25.c
Packet Pg. 1150 Attachment: 3.CESD20210007329 Work Sheet (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
rNSTR 6310960 oR 61-75 pc 2678 RECoRDED 9/20/2022 4:1-5 pM PAGES 2
CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $l_8. 50
COLLIER COUNTY CODE ENF'ORCEMENT
CODE ENFORCEMENT BOARI)
Case No. - CESD20210007329
THIS CAUSE came before the Code
Petitioner's Motion for Imposition of
argument respective to all appropriate matters,
follows:
Board (the "Board") for public hearing on August 25,2022, upon the
having heard testimony under oath, received evidence and heard
its Findings of Fact, Conclusions of Law, and Order of the Board as
Esperanza Ramirez Reyes, were found guilty of violating
Sections 1 0.02.06(BXl)(a) and 10.02.06(BXl)(e)(i), on
34114, Folio No. 764680009 (Legal Description:20 5l
N 89DEG W 12OFT, S 135FT, S89DEG EIzOFT,
hereinafter referred to as the "Property"), in the
l. On January 27,2022, Respondents, Esteban V
Collier Counfy Land Development Code, Ord. No. 04-4
the subject properfy located at 17037 BLUE HERON
27 COMM NI/4 CNR S 1186.2IFT, N 89DEG W 81
NI35FT TO POB, (t NREC LOTS 3 + 4), .37 AC OR t3
following particulars :
3.
4.
A 21ft by 23ft two-bedroom one bathroom residence and an built between 2019 and 2020 without a
,)
5' Operational costs in the amount of $59.42 have been incurred by Petitioner for this hearing.
6. The violations have not been abated as ofAugust 25,2022,
CONCLUSIONS OT LAW
Based upon the foregoing facts, the Board makes the following conclusions of Law:
l' Ail notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, andchapter 2, Article IX, code of Laws and ordinances of collier county, Florida.
Page I of2
BOARD OF COI]NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner, //'f )
Ys. ,/tr' tn
-t
t. j.
Esteban Vargas Ayala and . . _-"'
Esperanza Ramirez Reyes, *, ),' -.11'
Respondents.
{,
valid Collier County Permit and
currently in expired status.
home,
at oR BK 6095, PG 3278).
their daughter,
,.'- (":\
16.A.25.d
Packet Pg. 1151 Attachment: 4. CESD20210007329 Recorded FF Order (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
*** oR 6l-75 PG 2679 ***
2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines
and cost shall be imposed against Respondents.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier Counfy, Florida, it is hereby ORDERED that:
A. Petitioner's Motion of Fines/Liens is GRANTED
B. Daily fines of are assessed and imposed against Respondents for 30 days for the period from July 27,2022, to
August 25,2022,amount of $6,000.00.
C. Respondents shall pay
D. Respondents shall pay
costs in the total amount of $ 1 18.70
inthetotalamountof $6,118.70. orbesubjecttoNoticeof Assessmentof Lienagainst
all properties owned by in Collier County, Florida.
DONE AND ORDERED this
STATE OF FLORIDA
COUNTY OF COLLIER
! Personally Known OR E Produced Identification
Type of Identifi cation Produced
The foregoing instrument was acknowledged before me by
this ;4 dayot *d<<beu- ,zOzZ,byRobert
Board Collier County,'Florida.
been confirmed by a Collier County Code Enforcement
2022 at Collier County, Florida.
Presence or E online notarization,
Collier County Code Enforcement
E. The daily fines of $200.00 shall eontifiufoInvestigator. II
-".1}].0.Y3,,"
LWJ
accrue until abatement has
HELEN BUCHILTON
- State of Florida
of Notary Public
County
252-2440,
of the
Commission # HH
Exphes MaY 15,2025
Bondod IUu Budgot Nolsry SeIvictd
PAYMENT OF FINES:Any fines ordered to be paid pursuant to this Order may be
Code Enforcernent Department, 2800 North Horseshoe Drive, Nraples, FL 34104,
Website: www.colliercountyfl . gov.Any release of lien or confirmation of compliance or
satisfaction ofthe obligations of this Order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within
ofthe execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be appeliate
review of the record created within the original hearing. It is the responsibility of the appealing parfy to obtain a
transcribed record ofthe hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order
CERTIFICATE OF SERVICE
.TIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Esteban
17037 BLUE HERON DR. Naples, FL 34114, onRamirez Reyes,
2022.
A,T*Rfor.)ollier Crunty
is a hue a. I conect Code Enforcement Offi cial
Florida
Dcputy Clerk
Page2 of?
16.A.25.d
Packet Pg. 1152 Attachment: 4. CESD20210007329 Recorded FF Order (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
16.A.25.e
Packet Pg. 1153 Attachment: 5. CESD20210007329 IOF 9-20-22 (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
16.A.25.e
Packet Pg. 1154 Attachment: 5. CESD20210007329 IOF 9-20-22 (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
*** oR 6095 PG 3281 ***
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
VS
Esteban Vargas Ayala and Esperanza Ramirez Reyes
Respondent(s),
Case No. CESD20210007329
he violation and request
S.lorday, Sunday or legal
lalion using any method
County Sheriffs Office
sed to the property
Jo Mu a pervisor
for ael Ossorio, Director
Code Enforcement Division
3
STIPULATION/AGREEMENT
teban Vargas Ayala and Esperanza Ramirez Reyes, enlers into this
ier County as to the resolution of Notices of Violation in reference (case)
17t day of August 2021.
Enforcement Board. lf lt is not approved, the case mayit is strongly recommended lhat the respondent or
matters outlined in said Notice(s) of Violation for which
to promote efficiency in the administration of the code
editious resolution of the matters outlined therein the
lation are accurate and I stipulale to their existence,
Before me, the unde rS
Stipulation and Agreem
num ber C ESD2021 O0O7 329
1) The violations noted in the referenced
and that I have been properly notilied pursuant a Statute 162
THEREFORE, it is agreed between the parties that ndent shall;
1) Pay operalional costs in lhe amount of $59.28 d.i the prosecution of this case within 30n
days of lhis hearing.
2) Abate all violations by: Obtaining atl required Col
Permit, inspections, and Certificate of Completio
unpermitted electrical outlel, and expired demolitio
fine of $200 per day will be imposed until the violati
3)
Respo r Representative (sign)
&Pe vanZ sc /e/,a ,4 -+R espondent or Representative (print)
Date
Date
'1'7
REV 3-29-16
,,,/
ln consideration of the disposition and
a hearing is cunenlly scheduled for
enforcement process; and to obtain a
parties hereto agree as follows:
Building Permit(s) or Demolition
for the unpermitted structure,
180 days of this hearing or a
4) That if the Respondent fails to abate the violation the County may
the assistance
owner.
llcr les
abate
16.A.25.f
Packet Pg. 1155 Attachment: 6. CESD20210007329 Stipulation Agreement- AOC (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
( ol.l,t [.R ('ot,N'l'\'. l.-l_otil D.\
(-()Dr_ ENI;Ott('[_]lr:\ I' t]().\l{t)
('F.tt ('.\sE NO. CE,SD202l0t)07329
COI-LIER COTJN'fY
BOARD Ol: COUNTY C:0!VlM I SS I ON DRS. [)erir i()ner
vs.
AYAL.A, ES]'EIIAN VAIIC;AS and IISPIRANZA RA\,{lRf:Z ltt:YES. Det'endant(s)
,{f T IDAYIT OT CO}IPI,IANCI:
STATE OI. FLORIDA
COLNTY OF COLLIER
BEFORE ME" the undersigned authorit\'. perrsorrall.v appeared Joseph Mucha. Code Flnlbrccrnent Ofllcial fbr the Code
Enforcement Board of Collier County. rvho after being firlll sworn. deposes and says:
I. l'hat on Jatruary 27 . 2A22. lhe CocJe l:nfbrcement l]oartl held a hearing and issued an Order in the above-
styled matter and statc'd that [)t'll'ndant(s) tvas to abate all violations as stated in thc. Order recorded in the
public recordsof ClollierClount). ["lorida in OR l]ook 6095 PG 327ti. et. seq.
2. 'l"hat the rc'spondent did contacl the investigator
3. That a re-inspection rvas pertbrnred on Nove mber l7th. 2022
'l'hatthe re-inspectiott(s) revealed that thc corrc'ctive action ordL'red bi'the Clodc Enforcement []oard wa^s irr
compliance by demolition pennit PRDM20220945591 being llrralc-d tbr the rentoval of the unpermitted structure,
unpermitted electricaloutlet, and mobile home that was on the propertv.'l-he removalot'lhe mobilt.'home resolvecl the
expired demolition permit.
FURT}.IER A FFIANI- SAYTJI'I.I NOT
DATED this lTth day of November. 1022
COLI,IF,R COI.JNTY. ITLORIDA
CODTJ RCIJIVlHNI' I}OARI)
.lose Lrcha
Code ent Olficial
S1'A1"8 OF FLORIDA
COUNTY OF COLLIIlR
Sworn to (or aftirrnecl) and subscribcd betbrc nrc b1' rnu'ans of .( physical presence or . online notarization,
this f
'J day oiAJr,Ut 4brr* . 2032 b1 Joseph vtucha
(Signature o ic)HELEN BUCHILLON
Commi$sion f HH 1051 19
Expires [lay'15,2025
&vrded TIY! gsjlrt liolary ganrft!iM
C
( PrintiType,'Stanrp Conrm issioned Name of Norary lrubl ic )
Personally knou,n l
16.A.25.f
Packet Pg. 1156 Attachment: 6. CESD20210007329 Stipulation Agreement- AOC (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
16.A.25.g
Packet Pg. 1157 Attachment: signed release (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
August 28, 2023
To: Amy Patterson, Collier County Manager
From: Esteban Ayala-Vargas
17037 Blue Heron Dr
Naples, FL 34114
To Whom it may concern,
This letter is in regards to property address 17037 Blue Heron Dr Naples, FL 34114. Case number is
CESD2O270OO7329. My name is Esteban Ayala-Vargas and I would like to explain what led to me writing this
letter.
ln the year 2007, my wife Esperanza and I purchased a small property with a mobile home. lt took a lot
of hard work and savings in orderto purchase. For so many years of being in the US, I had a dream of being
able to purchase a home of my own for my family. ln other words, reach the American dream. Purchasing a
home was the last step in orderto fulfillthat dream. Words cannot explain the immense feeling when we
purchased and finally paid off the property. Over the next several years certain things in the mobile home
would start to break down as you would expect out of a 1980 mobile home. As a family, we made it work. The
A/C unit stopped working; one by one certain bedrooms started leaking until we only had 2 bedrooms left.
Fast forward to hurricane lrma (2017) and we were left with one bedroom to live in. My 3 children slept in the
living room. Mold problems arose soon after. Unfortunately, this mold issue led to our eldest child Estela to
leave us and try to find a place of her own. Finally, it became too much for me to see my family's continuous
suffering and separation. Therefore, as a last resort I made the choice to build a small home with 2 bedrooms
and 1 bathroom as soon as possible. I worked 6 days a week in order to contribute to building this home.
Every moment I was not at work, I was at home building with a friend of mine in hopes of advancing as much
as possible with the little knowledge that I have since my main profession is being a landscaper. My wife tried
to help me financially when she could despite having chronic leg pains, which prevented her from working as a
housekeeperfull time. My eldest daughter, Estela had bills and an efficiency to pay for, on her own. My
middle child, Jorge, was in his senior year of high school at the time and would need money soon for his
college tuition. My youngest daughter, Diana was in elementary. Therefore, I had no other means offinancial
help or other income.
Another option would have been to rent in Collier County for a family of 4. Rent for a minimum of 2
bedrooms and 1-bathroom ranges from 51,800 to 52,300. This price does not include utilities most of the
time. Also, as soon as a rent listing Eoes up live, it will rent within a couple of hours. Hurricane lan has only
exuberated how many people need to rent and how many rentals are available. lt has gotten tremendously
worse.
Along with rental cost issues and financial issues, there is also health issues in the family. As the main
provider for this family, I have multiple health issues such as diabetes type 2, hypertension, cholesterol and at
risk for another heart attack that constantly needs to be monitored which is an additional financial cost. My
16.A.25.h
Packet Pg. 1158 Attachment: Owner letters (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
risk for another heart attack that constantly needs to be monitored which is an additional financial cost. My
wife Esperanza has hypertension as well other issues that now we're trying to figure out since they have just
recently surfaced. Neither of us have health insurance which means all our medical visits must be paid out of
pocket.
Final option would have been to purchase a new or used mobile home. Unfortunately, I tried applying
for a home loan but my bad credit is always an issue. Also, it's extremely hard to find a bank to finance a
mobile home. They considered it a major risk since it's a mobile home and we live in Florida being a major
hurricane zone. New mobile homes that are a 3 bedroom and 2 bathrooms go for a minimum of S100k. That
does not include permittinS, set up and other costs that go associated with purchase. lt all adds up. Finding a
used mobile home that is a wind zone 3 is also a challenge since they are so rare to find and the cost that
homeowners want is almost always close to the price range of a new mobile home.
Allthose outcomes and challenges led to building this small home for my family. My wife and I slept in
one room. My middle child Jorge slept in second bedroom. My daughter Diana slept in the living room on the
couch. lt was small and uncomfortable but at least there was no water leaking in from the roof or mold issues.
For a while we lived there crowded but always with the fear that the Collier County Growth Management
would find out that I built this small home with no permit.
Ever since Collier County Growth Management has found about small home being built, it has taken a
toll on all of us. Emotionally we are always stressed out about what other hurdles we would have to encounter
and deal with. Mentally we can hardly sleep for the fear of next finding out that we do not own our propertv
a nymore. lt has affected ou r performance at our jobs a nd has resulted in my fa mily taking time off from our
jobs and school for us to go to court dates and meetings with county officials. Now, we are currently living
with my sister in a 1 bedroom in her home since we have torn down our small home. This living arrangement
is also leading us to consider giving up our beloved dog for adoption since now we cannot stay on our property
due to home structure being demolished.
By you taking this Property from us, it would be you taking our dream from us. Nobody is denying the
fact that we broke a rule and, in some form, must pay the consequence. I plead with you that you allow us to
keep our property and reduce or eliminate the fees of what is owed to you. lt would be a tremendous help
financially, mentally, and emotionally as a family if you would reduce the fees to S3,o0O or eliminate the fees
altogether in order for us to buy a used mobile home in the near f uture. Westill have a long and uneasy road
to travel throu8h. I hope that you find it in your hearts to listen to me and understand this, why I did, what I
did and ask for your forgiveness.
Sincerely,
鰊a a vargas
16.A.25.h
Packet Pg. 1159 Attachment: Owner letters (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)
August 28,2023
To: Amy Patterson, Collier County Manager
From: Esteban Ayala-Vargas
17037 Blue Heron Dr
Naples, FL 34114
To Amy Patterson,
l'm writing this letter in regards as to why a reduction of lien should be granted for property address
17037 Blue Heron Dr Naples, FL 34114. The total amount owed to Collier County is 522,918.70, which is a
significant amount. Paying the full amount owed to Collier County would be a great hardship due to the fact
that l'm trying save up as much money as possible in hopes of purchasing a used or old mobile home in the
future to place in this property. The amount owed to Collier County can be used as a down payment for a
home loan as well. I still have hurdles to jump through besides money being the biggest issue. I have to find a
reasonable priced mobile home and pull permits once I purchase a mobile home. l'm prepared to pay
53,000.00 or an amount that Collier County finds reasonable for me to pay in hopes that I can get this property
back.
ln regards to expenses incurred to bring property into compliance, I have paid so far S118.70 in
operational costs. One important thing that had to be done to bring property into compliance was tear down
old mobile home and unpermitted structure built. I had family members come over and help me tear down
structures. Paid 2 family members $150 cash each for 2 days worth of work. Debris fronr removal of structures
was put out by curb of street little by little each week. No dumpster cost involved.
ln addition, I did my best to bring property into compliance by trying to pull a permit by myself but
found that it was beyond my knowledge. I called several general contractors or companies that could have
possibly helped me with getting permit for unpermitted structure. Unfortunately, all of them turned me away
due to the fact that structure was already built, they had to many ongoing projects and the property had issues
with Collier County Growth Management. Once I saw that I was accumulating a huge d€)bt with fines, I decided
to tear down unpermitted structure.
ln conclusion, if I could go back time, I would. lwould have done things the right away which would
have been pulling a permit for unpermitted structure. I would have paid the additional cost of rent in hopes
that I get lucky of finding an affordable place to live while I worked on building small structure with a permit.
This ongoing issue with Collier County Growth Management has taken a toll on all of my family together and
l'm ready to be finally to be done with this chapter in my life. l'm ready to begin the next chapter in my life
with my family, which is securing a mobile home; and for all of us to live together again.
Sincerely,
'eban Ayala-Vargas
16.A.25.h
Packet Pg. 1160 Attachment: Owner letters (26895 : BCC v. Esteban Vargas Ayala and Esperanza Ramirez Reyes)