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Agenda 04/12/2016 Item #16A30 4/12/2016 16.A.30. EXECUTIVE SUMMARY Recommendation to approve the release of three (3) code enforcement liens with a combined accrued value of$1,386,000 for payment of$462, in the code enforcement actions entitled Board of County Commissioners v. Omar Raul Garcia, Code Enforcement Board Case Nos. CELU20100018294, CEPM20100018330 and CESD20100018347, relating to property located at 10651 Greenway Rd.,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three (3) code enforcement liens with a combined accrued value of$1,386,000 for payment of $462, in relation to the Code Enforcement Board Case Nos. CELU20100018294, CEPM20100018330 and CESD20100018347. CONSIDERATIONS: As a result of various code violations at 10651 Greenway Rd., as detailed below, Code Enforcement ordered the imposition of three liens against the property as follows (in chronological order based on the lien recording date): The lien in Case No. CELU20100018294 was recorded in the Official Records on May 13, 2011, at O.R. Book 4681, Page 2133 (for an unlicensed/inoperable box truck parked on agricultural property) and it encumbers all real and personal property owned by Omar Raul Garcia. The lien amount of $39,000 is based on a total of 156 days of accrued fines (at $250 per day from February 27, 2011 through August 1, 2011). Operational costs of$80.29 were previously paid. The property was brought into compliance on August 1, 2011. The lien in Case No. CEPM20100018330 was recorded in the Official Records on October 18, 2011, at O.R. Book 4728, Page 926 (for broken windows on the main house) and it encumbers all real and personal property owned by Omar Raul Garcia. The lien amount of $449,000 is based on 1,796 days of accrued fines ($250 per day from February 27, 2011 through January 27, 2016). Operational costs of $80.29 were previously paid. The property was brought into compliance on January 27, 2016. The lien in Case No. CESD20100018347 was recorded in the Official Records on May 13, 2011, at O.R. Book 4681, Page 2135 (Converted interior of CBS barn into a grow house with extensive electrical alterations, wiring, outlets, electrical panels, air conditioning units, irrigation systems and partition walls with no permits) and it encumbers all real and personal property owned by Omar Raul Garcia. The lien amount of$898,000 is based on 1,796 days of accrued fines ($500 per day from February 27, 2011 through January 27, 2016). Operational costs of$80.29 were previously paid. The property was brought into compliance on January 27, 2016. The property was acquired by Frank Stute, via a special warranty deed which was recorded on December 31, 2015. [16-CED-01103/1240472/11 Packet Page -855- 4/12/2016 16.A.30. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when code enforcement liens encumber property that is under new ownership and compliance has been achieved. The property is being actively maintained and the new owner has paid $462. The new owner is requesting a waiver of$1,385,538 in accrued fines. FISCAL IMPACT: Payment of $462 has been made and if approved by the Board, accrued fines in the amount of$1,385,538 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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. KN RECOMMENDATION: To waive the fines in the amount of $1,385,538, accept payment amount of$462, release the liens, and authorize the Chairman to sign the attached releases and satisfaction of lien for recording in the Official Public Records. Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth Management Department Attachments: 1)Release and Satisfaction of Lien(3) 2) Lien Orders [16-CED-01103/1240472/1] Packet Page -856- 4/12/2016 16.A.30. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.30. Item Summary: Recommendation to approve the release of three (3) code enforcement liens with a combined accrued value of$1,386,000 for payment of$462, in the code enforcement actions entitled Board of County Commissioners v. Omar Raul Garcia, Code Enforcement Board Case Nos. CELU20100018294, CEPM20100018330 and CESD20100018347, relating to property located at 10651 Greenway Rd., Collier County, Florida. Meeting Date: 4/12/2016 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement 3/3/2016 2:35:58 PM Approved By Name: OssorioMichael Title: Division Director-Code Enforcement, Code Enforcement Date: 3/4/2016 3:33:40 PM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 3/7/2016 12:46:13 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/7/2016 12:47:09 PM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 3/8/2016 8:32:48 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/9/2016 8:59:20 AM Name: KlatzkowJeff Packet Page -857- 4/12/2016 16.A.30. Title: County Attorney, Date: 3/15/2016 3:05:08 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/17/2016 2:31:26 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 4/1/2016 4:28:37 PM Packet Page -858- 4/12/2016 16.A.30. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Omar Raul Garcia Respondent The lien was recorded on May 13, 2011, in Official Records Book 4681, Page 2133, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen thousand three hundred thirty dollars and twenty-nine cents ($15,330.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Date: Date: Approved as to f• m and legality /P)/ Kevin Noell Assistant County Attorney CELU20100018294 Packet Page -859- 4/12/2016 16.A.30. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Omar Raul Garcia Respondent The lien was recorded on May 13, 2011, in Official Records Book 4681, Page 2135, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty thousand five hundred eighty dollars and twenty-nine cents ($30,580.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Date: Date: Approved as to form and legality .t(/(Kevin Noell Assistant County Attorney CESD20100018347 Packet Page -860- 4/12/2016 16.A.30. This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Omar Raul Garcia Respondent The lien was recorded on October 18, 2011, in Official Records Book 4728, Page 926, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty- two thousand eight hundred thirty-nine dollars and forty-nine cents ($52,839.49), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney CEPM20100018330 Packet Page -861- ifiSTR 4560744 OR 4681 PG 2133 RECORDED 5/13/2011 9:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/12/2016 16.A.30. REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100018294 vs. OMAR RAUL GARCIA, Respondent 0*.t, .' ii.,1't.- • t Ja,rifb.. THIS CAUSE came on for pu.4 t-:1,, g before the Bo: . lit . 27,2011,after due notice to Respondent at which time the Board ,-IT- moray under oath,recei -:'esti,ence,and issued its Findings of Fact and Conclusions of Law and there ,In i ,,, •.. . . • •er whi was •tic I to writing on February 4,2011 and furnished to Respondent and w: re.ord ; "--- Pu. ic R • , of Co ier I ounty,Florida at OR 4651,PG 594,et.seq.on February 10,2011 . (..\ . .7.\ ‘ , , or \ An Affidavit of Non-Co I pli.., i,. ,,ray flu . . uyi to,: ' ,y le Cide Enforcement Official on April c 12 2011,which Affidavit certifi., m.1` • •-•1 71•;• • . 711',orre.'v. :c , , not been taken as ordered, Accordingly,it having b.., •r• ght to the Board's att4fipn that 7/.,.V dent has not complied with the Order dated February 4,2011,it is h r0 1 / ' 0/ ORDERED,that the Respon.,. clo ., Raul Garcia,pay to ' li ounty fines in the amount of$15,250 (Order Item 1 and 2)for the period of Fe''In t 1 1 • I., .51)%2 ,2011 (6ldays)at$250 per day,plus 7 $80.29 for the operational costs incurred for I '. •rsItion-eflInks a total of$15,330.29. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. r 4/-Th DONE AND ORDERED this_.,) day of n'\C,4J.,\,--2011 at Collier County,Florida. CODE E4ORCEMENT BOARD Star 01 FILY;KID?e COLLIER CO ThITY, RIDA 0tifIllif ot GOLUE11 r ■•••(, ,, BY ____---_ I HEREBY CERTIFY THATtithi girviume , . 0,,,„ , gOreCt may at a aocumont On titili-gag,,:,,k '.. -,....! %'..-, 2800 North Horseshoe Drive _) Board MIriutas and Recasts at-1.:41110011anW :,,6 Naples,Florida 34104 a and :mai poi . • ,-. WIThiess, my r t:;.:_.....f .....,fld'it: - l..2- 4•-• laity at '..- -‘-' '... i OWIG E. BROCK,CLERK Of COO,r,' ky, -(-656-r---- -- 4,0. -*--'Packet Page -862- A.** OR 4681 PG 2134 *** 4/12/2016 16.A.30. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) r-V---- The foregoing instrument was acknowledged before me this ) day of 1,--v- ,\--a--4- —,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is (--------personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE NOTARY PUBLIC I tit% Notary Public-Stitt of Florida My commission expires: 4 ,` .:My Comm,Expires Jun 18,2015 CommIssIon•EE 87272 CERTIFICATE OF SERVICE •,,,,,,,,, eOrtdo.d Tf,rn.tall Natvirtal Notary Assn I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Omar Raul Garcia, 10650 Greenway Rd.,Naples,Florida 34114 this 1 01'—day of ir)'\.9..- _ .2011. ______...... / 77,' '-c -\-;1/42'13 " A*;:i2-c4_1,,,. ,- \ „., -0 . 4,.; son,Esq. (.. FloridaI:ar ■.750311 ..- trney ,r th,Code Enforcement Board 7 ; 4------'--,—., ___, _3,5 N.T.( ia 'Trail,Ste.208 ( (1(01(71 1,0(2—'1 2..1:2;63' 1" 1 Li 1 ii \ . r ‘''. • '.1.,j \ ''' .\ ......1 i._ a., 1- \ Packet Page -863- • INSTR 4017063 on 4728 PG 926 RECORDED 10/18/2011 10:12 xm PAGES 2 ' DWIGHT E. anncx, CLERK or THE CIRCUIT counr, COLLIER couwry FLORIDA .U. 12.y2O16 16.A.30. REC uzo'5o CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEPM20100018330 ,s. OMAR RAUL GARCIA, Respondent / �Rp:� J�����z� TH��USC��� , �-`�} m��,�8���� .~` 7,20]l.after due notice m Respondents at which time the Board he d imony under oath, vide ����������ct and Conclusions of Law and thereupon ssu . i ral Or.- -' 1 :s reduc•4 to 'tg on February 4,2011 and furnished to Respondents and wa rcco tied in the ub' •ecords •f Collie Co ty,Florida at OR 4651,PG 592,ct.seq.on Fcbruary 10,2011 . e -�- An Affidavit of Non-Compl a c. :•be-. Ill . it .11:oardli . e de Enforcement Official on March 8,2011,which Affidavit certi' d •4 .eti -0. - - d co-• . e has not been taken as Accordingly,it having been br• a the Board's attention . • to: .ent s have not complied with the lit Order dated February 4,2011,it is hereby , ORDERED,that the Respondent,0 ' . .i.. .. a. a $. 1 . ounty fines in the amount of$52,000 (Order Item I and 2)for the period of February 2 , 0 itkrolik •,u1 a er 22,2011 (208 days)at$250 per day, plus$80.29 for thc operational costs incurred for the impo a a fines,plus abatement costs of$759.20 for a total of S52,839.49. IT IS FURTHER ORDERED that the fines and operational costs shalt continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the rccord created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this .7 ��uoyof /2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNT FLORIDA BY: / ___~ Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 Packet Page -864- *** OR 4728 PG 927 *** 4/12/2016 16.A.30. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) --),.4---- The foregoing instrument was acknowledged before me this,. ..) day of ,S-17,..sP1- . ,2011,by • Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is .,--- personally known to me or who has produced a Florida Driver's License as identification. • KRISTINE TVIENTE NOtARY PUBLIC Notary Public-State of Florida In My commission expires: i• •■■‘" 4.My Comm.Expires Jun 18,2015 commission# EE 87272 II RTIFICATE OF SERVICE ''''04TiVios's Beaded Through Nalional Notary Assn. t a rue and correct copy of this ORDER has been sent by U.S.Mail to Omar Raul Garcia, 10650 Greenway Rd.,Naples,Florida 34114 this LI.i4—day of C.)c.-4--, ,2011. ----;.— , ,,---- liR .,3 A.,. *go_ _,.._ , , Affr 'Esq. M. isi **Its t t , k,.., / . Florida Bar o. T;aa . 7 _ , ,_ _s. / .,- , —___ „ ,ey for t e C e Enforcement Board / i -c,L,„,-, 2375 .Tamia i Tr il,Ste.208 I ( "7,-,-- i I 1 (.•r 9 CA-I 46 1 I 'i / ---,„ / \ k i---; , / r:2,-;\ \ ---J//L., -' 'Jo ti n Ty cf COLL1LH i HERErY CERTIre THAT this is a true ark6 , :orrect cooy,or :.... bocument on hie in Joard t.tinvies qiiiivilecorns at Co".lier County tirrt•?,ES -y4i WI:V -ma seal this Iliit • ill. ma. i ,t1{)y-of 1.4 .., i,::,•1-..- ., QvvIt • oi. Eitt3p(, , cowo,f .4..RTS ...,------' ' e. 'j, y- . war. ' -.- \ i.:1' , ‘itigrarir,« •,0401mwoorpg,...ra - /4., •. .- ..,,>, A ' ' '''.■ CG(.1),if i\'. Packet Page -865- , INSTR 4560745 OR 4681 PG 2135 RECORDED 5/13/2011 9:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/12/2016 16.A.30. REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100018347 vs. OMAR RAUL GARCIA, Respondent 0' !E' j;,i'+:1 it.LSj ,.! TEN sca THIS CAUSE came on for public 0 '_ +- +• .�nuary 27,2011,after due notice to Respondent at which time the Board h . t 1, any under oath, i 3• idence,and issued its Findings of Fact and Conclusions of Law and thereupo i . its oral Order which , Mu to writing on February 4,2011 and famished to Respondent and rec.' blic Re .rds of 'Hier unty,Florida at OR 4651,PG 598,et seq.on February 10,2011 `-- 1_--1-- l An Affidavit of Non-Coi pli: . fi • + • ,... + •' e aide Enforcement Official on March 8,2011,which Affidavit c rtifi' der ,a. th t t:.: .l '+ io cti eelaction has not been taken as 1 („- ordered. .� .» �I Accordingly,it having b ght to the Board's atte pn that ocp9 dent has not complied with the Order dated February 4,2011,it is h ` ,'� 'I �L,' ORDERED,that the Respon. t, e' . Raul Garcia,pay to,' 1i ounty fines in the amount of$30,500 (Order Item 1 and 2)for the period of Fe. r' 1 1 thro _• �12 2011 (61 days)at$500 per day,plus $80.29 for the operational costs incurred for • tioao t a total of$30,580.29. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 5 day of (V G � -.L{ ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD Stags o1 F lr;7ilUA COLLIER COUNTY - e'. ;aunty of COLLIER i BY: I If EREBY CERTIFY THA 'ihlsil:a an0 ■,+ethKelly,-€hair •AReCt CODy of a ODEiltn6nt'0fi' .JIA: 2800 North Horseshoe Drive Board Minutes and;Racal :(t=1O liar:Cosolv Naples,Florida 34104 WITNESS nw h na=and official MMI' t2_ aay ?4L PM v`CLERK - E.8 O t OUR1 Packet Page -866- * * OR 4681 PG 2136 •* 4/12/2016 16.A.30. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,a The foregoing instrument was acknowledged before me this 5 day of ,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is // personally known to me or who has produced a Florida Driver's License as identification. •,,. uA►S7tNE TNfEtOTE 1C. .A.0 .4.A--v"ilam' ' Notary P TARY PUBLIC • � ,, � uDUc•Slats of Florida t�toridM '' o f My Comm.Expires Jun 15,2016 My commission expires: ;, •s Commission I EE 37272 1 „t;''' ttowedriff wow __ RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Omar Raul Garcia, 10650 Grcenway Rd.,Naples,Florida 34114 this 6'4-4``day of ,2011. 0 t on,Esq. -' Florida I ar .7'50311 omey or th Code Enforcement Board 3+5 N.T:'' Trail,Ste.208 j , da3 103 ' 2 2 6 (n)11 ' I y 1,i �~ ` ' [II (.1 Packet Page -867-