Agenda 05/28/2024 Item #16A12 (Begin forclosure proceedings in accuring code enforcement liens for 1790 40th Ter SW)05/28/2024
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to initiate foreclosure proceedings pursuant to Section
162.09, Florida Statutes, in relation to $597,067.25 in accruing code enforcement liens for ongoing violations
at 1790 40TH Ter SW, Naples, Florida 34116, arising from the Office of the Special Magistrate entitled Board
of County Commissioners, Collier County, Florida, vs. S & O LLC.
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 $597,067.25 in accruing code enforcement
liens against all real and personal property owned by S & O LLC., for ongoing violations at 1790 40 th Ter SW,
Naples, Florida.
CONSIDERATIONS: The property located at 1790 40th Ter SW, Naples, Florida 34140, Folio No. 35832160002,
in Collier County, is owned by S & O LLC., pursuant to the Collier County Property Appraiser. In addition, the
property has a long history of code enforcement violations.
Despite being found in violation of County ordinances on more than a dozen occasions over the past six years, the
property continues to regularly be in violation of County ordinances, with deteriorated and/or decayed exterior
surfaces on a commercial structure, a dangerous structure, litter/prohibited outside storage, and grass/weeds
exceeding 18” on an improved property.
Additional details concerning the code enforcement cases in which the subject lien was imposed include the
following:
Case No. CEPM20170013023 By Order dated August 3, 2018, after a public hearing, the Code Enforcement
Special Magistrate (OSM) entered an order finding the property owner in violation of Collier County’s ordinances
for deteriorated and/or decayed exterior surfaces on a commercial structure on improved, unoccupied, commercial
property. The order imposed a $6,511.70 lien on all real and personal property owned by the property owner, and
which provided for continuing accrual of fines until abatement. The lien order was recorded at O.R. Book 5544,
Page 3609, on August 21, 2018, et seq., of the Official Public Records of Collier County. Fines continued to accrue,
therefore the lien amount of $416,600, is based on 2,083 days of accrued fines ($200 per day from July 3, 2018,
through March 15, 2024), plus operational costs of $111.70, totaling $416,711.70.
Case No. CENA20180009214 On September 21, 2018, the Code Enforcement Special Magistrate (OSM) entered
an order finding the property owner a repeat violator of Collier County’s ordinances, with three or more Notices of
Violation issued for a public nuisance consisting of weed or grass more than 18” on an improved property. The
order imposed a $250 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 5575, Page 2068, on November 28, 2018, et seq., of the Official Public Records of
Collier County. The accrued lien amount as of March 15, 2024, consists of a $50 penalty invoice, and $200 in
administrative fees, plus $160 in accrued interest, totaling $410.
Case No. CENA20210004691 On August 17, 2021, the property owner was cited for a repeat violation of
prohibited outside storage and litter, including but not limited to a metal tank, piles of refuse, and furniture at the
property. A Civil Penalty (Citation No. CO 10602) consisting of $100, plus an administrative fee of $5, totaling
$105 was issued.
Case No. CENA20220000343 On February 15, 2022, the property owner was cited for a repeat violation of
prohibited outside storage and litter, including but not limited to piles of refuse, tires, and furniture at the property.
A Civil Penalty (Citation No. CO 10603) consisting of $250, plus an administrative fee of $5, totaling $255 was
issued.
Case No. CEPM20220004129 By Order dated October 6, 2023, after a public hearing, the Code Enforcement
16.A.12
Packet Pg. 341
05/28/2024
Special Magistrate (OSM) entered an order finding the property owner in violation of Collier County’s ordinances
for a dangerous structure located on improved property. The order imposed a $100,612.10 lien on all real and
personal property owned by the property owner, and which provided for continuing accrual of fines until
abatement. The lien order was recorded at O.R. Book 6300, Page 3792, on October 27, 2023, et seq., of the Official
Public Records of Collier County. Fines continued to accrue, therefore the lien amount of $140,750, is based on 563
days of accrued fines ($250 per day from August 31, 2022, through March 15, 2024), plus operational costs of
$112.10, totaling $140,862.10.
Case No. CENA20230003919: By Order dated December 27, 2023, after a public hearing, the Code Enforcement
Special Magistrate (OSM) entered an order finding the property owner in violation of Collier County’s ordinances
for litter and prohibited outside storage including, but not limited to cardboard, blankets, cans, and bags, on an
improved property. The order imposed a $12,473.45 lien on all real and personal property owned by the property
owner, and which provided for continuing accrual of fines until abatement. The lien order was recorded at O.R.
Book 6316, Page 3741, on December 27, 2023, et seq., of the Official Public Records of Collier County. Fines
continued to accrue, therefore the lien amount of $38,500, is based on 154 days of accrued fines ($250 per day from
August 31, 2022, through March 15, 2024), plus operational costs of $223.45, totaling $38,723.45.
The breakdown of the lien is as follows:
Item Amount
Total Daily Fines to Date $595,850.00
Civil Penalties (Citation Nos. 10602 & 10603) $360.00
Nuisance Penalty & Administrative Fees $250.00
Operational Costs $447.25
Accruing Interest at 12% $160.00
TOTAL LIEN VALUE $597,067.25
The property is not protected by homestead and is appraised at $509,680 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.
FISCAL IMPACT: Fiscal impact of initiating a foreclosure suit is approximately $410.00 (representing a $400.00
filing fee plus cost of service). 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: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the Office of the County Attorney to initiate foreclosure proceedings
against any and all non-homestead property for ongoing violations at 1790 40th Ter SW, Naples, Florida 34116,
arising from the Office of the Special Magistrate entitled, Board of County Commissioners, Collier County, Florida,
vs. S & O LLC., pursuant to Section 162.09, Florida Statutes
Prepared by: Thomas Iandimarino, Director, Code Enforcement Division
ATTACHMENT(S)
1. Foreclosure Letter - All Cases (PDF)
2. 40th Terr SW Photos (PDF)
3. Dangerous Building Determination 4.22 (PDF)
16.A.12
Packet Pg. 342
05/28/2024
4. CEPM20170013023 - IOF 8.21.18 (PDF)
5. CENA20200000639 - IOF 8.4.20 (PDF)
6. CENA20210004691 - Citation CO 10602 (PDF)
7. CENA20220000343 - Citation CO 10603 (PDF)
8. CEPM20220004129 - IOF 10.27.23 (PDF)
9. CENA20230003919 - IOF 12.27.2023 (PDF)
16.A.12
Packet Pg. 343
05/28/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 28606
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 $597,067.25 in accruing code enforcement
liens for ongoing violations at 1790 40TH Ter SW, Naples, Florida 34116, arising from the Office of the Special
Magistrate entitled Board of County Commissioners, Collier County, Florida, vs. S & O LLC.
Meeting Date: 05/28/2024
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
04/16/2024 11:12 AM
Submitted by:
Title: – Code Enforcement
Name: Thomas Iandimarino
04/16/2024 11:12 AM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
05/01/2024 7:13 PM
Code Enforcement Thomas Iandimarino Director review Completed 05/02/2024 3:59 PM
Code Enforcement Colleen Karlen Additional Reviewer Completed 05/03/2024 8:38 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 05/06/2024 2:26 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
05/06/2024 5:01 PM
Unknown Jaime Cook Additional Reviewer Completed 05/15/2024 3:54 PM
Growth Management Community Development Department James C French Growth Management Completed
05/20/2024 3:58 PM
County Attorney's Office Geoffrey Willig Level 2 Attorney of Record Review Skipped 05/21/2024 12:50 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/21/2024 12:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/21/2024 3:10 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2024 4:42 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/22/2024 10:05 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/28/2024 9:00 AM
16.A.12
Packet Pg. 344
January 30, 2024
S & O LLC
6821 Lake Devonwood Dr
Ft Myers, FL 33908
Re: Foreclosure Review – 1790 40th Ter SW Naples, FL 34116
Code Enforcement Violation Cases: CEPM20170013023, CENA20180009214,
CENA20210004691, CENA20220000343, CEPM20220004129, CENA20230003919
Dear Sir/Madam,
You have been previously notified of the violations and all hearings that were brought
before the Collier County Special Magistrate. Unfortunately, you failed to take corrective
action and abate the violation(s). Liens have been placed on your property, and the daily
fines continue to accrue until the violation(s) are abated. In addition, the matter has now
been forwarded to the County Attorney’s Office to for further legal action. An executive
summary that includes the case numbers referenced above is being prepared to
commence foreclosure proceedings.
To avoid additional fines from accruing and further legal action being taken, you need to
correct the violation(s) promptly and contact Collier County Code Enforcement at 239-
252-2440, to verify the property is in compliance.
Regards,
Thomas J. Iandimarino
Thomas J. Iandimarino
Code Enforcement Director
16.A.12.a
Packet Pg. 345 Attachment: Foreclosure Letter - All Cases (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 346 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 347 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.bPacket Pg. 348Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.bPacket Pg. 349Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.bPacket Pg. 350Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 351 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 352 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 353 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
16.A.12.b
Packet Pg. 354 Attachment: 40th Terr SW Photos (28606 : BCC vs. S & O LLC.)
Date: April 22, 2022
To: Michael Ossorio
Division Director - Code Enforcement
Subject: Declaration of Dangerous Building - Condition
Location: In reference to 1790 40th Terrace SW and Code Case CEPM202140019242
FROM THE OFFICE OF THE BUILDING OFFICIAL OF COLLIER COUNTY, FLORIDA. THE BUILDING OFFCIAL IS GRANTED AUTHORTIY
UNDER FLORIDA STATUTES 468 AND 553 TO ENFORCE THE FLORIDA BUILDING CODE
The property located at the above noted address was inspected in response to a request from the Collier
County Code enforcement department for the purposes of determining if the subject building meets
the definition of “dangerous building”.
Please be advised that on or about March 30, 2022; an Inspector, licensed under 468 Florida Statute,
and employed with the Collier County Building Department performed a field inspection of the
structure(s) located at 1790 40th Terrace SW Naples, Fl. In accordance with the 7th Edition of the Florida
Building Code and County Ordinance 2010-02 any building or structure or any individual member with
any of the structural conditions or defects described below shall be deemed dangerous. A check mark
next to any paragraph below is an indication one or more of the dangerous structural conditions has
been found.
1. The stress in a member or portion thereof due to all factored dead and live loads is
more than one and one third the nominal strength allowed in the Florida Building Code,
Building for new buildings of similar structure, purpose, or location.
9 2. Any portion, member, or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons.
9 3. Any portion of a building, or any member, appurtenance, or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not anchored, attached, or
fastened in place so as to be capable of resisting a wind pressure of two thirds of that
specified in the Florida Building Code, Building for new buildings of similar structure,
purpose, or location without exceeding the nominal strength permitted in the Florida
Building Code, Building for such buildings.
9 4. The building, or any portion thereof, is likely to collapse partially or completely
because of dilapidation, deterioration or decay; construction in violation of the Florida
Building Code, Building; the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; the deterioration, decay or
inadequacy of its foundation; damage due to fire, wind or flood; or any other similar cause.
16.A.12.c
Packet Pg. 355 Attachment: Dangerous Building Determination 4.22 (28606 : BCC vs. S & O LLC.)
5. The exterior walls or other vertical structural members list, lean, or buckle to such an
extent that a plumb line passing through the center of gravity does not fall inside the middle
one third of the base.
The field inspection revealed that the structure satisfies one or more of the conditions noted above.
Based on the inspection findings the structure above was found to be dangerous and unsuitable for the
safe occupancy of its intended purpose. Immediate precautions to safe off the site and/or demolition
of the structure are required.
You are hereby notified that unless the above dangerous conditions are remedied within thirty (30)
days from the date hereof, the County will remedy the dangerous condition and the cost thereof will
be levied as an assessment against such property. You are further notified that should you desire to
contest this determination of the existence of a dangerous building you may apply for a hearing before
the Code Enforcement Board (CEB) or Special Magistrate. Such request for hearing shall be made in
writing to the Secretary of the CEB /Special Magistrate within fifteen (15) days from the date of this
notice. You may call 239-403-2440 for further information regarding a request for hearing.
If you have any questions or need any further information regarding this letter, please contact our office
at 239-252-2400.
Sincerely,
Jonathan Walsh, PE, CBO, CFM
Chief Building Official
Collier County
(239) 252-2962
WalshJonathan
Digitally signed by WalshJonathan
DN:
E=Jonathan.Walsh@colliercountyfl.gov,
CN=WalshJonathan, OU=ORM User
Accounts, OU=GMD PR Operations
and Regulatory Mgmt, OU=Planning
and Regulation, OU=GMD,
OU=Divisions, DC=bcc, DC=colliergov,
DC=net
Date: 2022.04.22 12:28:02-04'00'
16.A.12.c
Packet Pg. 356 Attachment: Dangerous Building Determination 4.22 (28606 : BCC vs. S & O LLC.)
16.A.12.d
Packet Pg. 357 Attachment: CEPM20170013023 - IOF 8.21.18 (28606 : BCC vs. S & O LLC.)
16.A.12.d
Packet Pg. 358 Attachment: CEPM20170013023 - IOF 8.21.18 (28606 : BCC vs. S & O LLC.)
16.A.12.d
Packet Pg. 359 Attachment: CEPM20170013023 - IOF 8.21.18 (28606 : BCC vs. S & O LLC.)
16.A.12.e
Packet Pg. 360 Attachment: CENA20200000639 - IOF 8.4.20 (28606 : BCC vs. S & O LLC.)
16.A.12.e
Packet Pg. 361 Attachment: CENA20200000639 - IOF 8.4.20 (28606 : BCC vs. S & O LLC.)
16.A.12.e
Packet Pg. 362 Attachment: CENA20200000639 - IOF 8.4.20 (28606 : BCC vs. S & O LLC.)
16.A.12.f
Packet Pg. 363 Attachment: CENA20210004691 - Citation CO 10602 (28606 : BCC vs. S & O LLC.)
16.A.12.g
Packet Pg. 364 Attachment: CENA20220000343 - Citation CO 10603 (28606 : BCC vs. S & O LLC.)
16.A.12.h
Packet Pg. 365 Attachment: CEPM20220004129 - IOF 10.27.23 (28606 : BCC vs. S & O LLC.)
16.A.12.h
Packet Pg. 366 Attachment: CEPM20220004129 - IOF 10.27.23 (28606 : BCC vs. S & O LLC.)
16.A.12.h
Packet Pg. 367 Attachment: CEPM20220004129 - IOF 10.27.23 (28606 : BCC vs. S & O LLC.)
16.A.12.i
Packet Pg. 368 Attachment: CENA20230003919 - IOF 12.27.2023 (28606 : BCC vs. S & O LLC.)
16.A.12.i
Packet Pg. 369 Attachment: CENA20230003919 - IOF 12.27.2023 (28606 : BCC vs. S & O LLC.)
16.A.12.i
Packet Pg. 370 Attachment: CENA20230003919 - IOF 12.27.2023 (28606 : BCC vs. S & O LLC.)