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Agenda 06/28/2016 Item #16A15 6/28/2016 16.A.15. EXECUTIVE SUMMARY /-"\ Recommendation to approve the release of a code enforcement lien with an accrued value of $180,681.15 for payment of $3,000, in the code enforcement action entitled Board of County Commissioners v. Cassia Poviones, Code Enforcement Board Case No. CESD20120017981relating to property located at 3030 39th Street SW,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of$180,681.15 for payment of$3,000, in relation to the Code Enforcement Board Case No. CESD20120017981. CONSIDERATIONS: As a result of a code violation at 3030 39th Street SW,consisting of a demolition and remodel in progress without Building Permits, the Code Enforcement Board ordered the imposition of a lien against Cassia Poviones, in Case No. CESD20120017981. The lien was recorded in the Official Records on October 9, 2013, at O.R. Book 4973, Page 2094, and it encumbers all real and personal property owned by Cassia Poviones. The lien amount of$180,681.15 is based on a total of 903 days of accrued fines (at $200 per day from June 25, 2013 through December 14, 2015) plus $81.15 in operational costs. The property was brought into compliance on December 14,2015. After a Foreclosure (Case No. 2013-CA-0267), the property was acquired by Lakeview Loan Servicing LLC c/o M&T Bank,via amended certificate of title which was recorded on July 13, 2015. M&T Bank accrued fines for 124 additional days, while bringing property into compliance. The proper demolition permit was obtained and the certificate of completion. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. The property is being actively maintained and the new owner has paid $3,000 in settlement for the additional accrued fines. The new owner is requesting a waiver of$177,681.15 in accrued fines. FISCAL IMPACT: Payment of$3,000 has been made, representing $2,918.85 in fmes and $81.15 in operational costs. If approved by the Board, accrued fmes in the amount of $177,681.15 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 fmes in the amount of$177,681.15, accept payment 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: Michael Ossorio,Director,Code Enforcement Director,Growth Management Department Attachments: 1)Release and Satisfaction of Lien 2)Lien Order [16-CED-01130/1257655/1] Packet Page-730- 6/28/2016 16.A.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.15. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$180,681.15 for payment of$3,000, in the code enforcement action entitled Board of County Commissioners v. Cassia Poviones, Code Enforcement Board Case No. CESD20120017981relating to property located at 3030 39th Street SW, Collier County, Florida. Meeting Date: 6/28/2016 Prepared By Name: BuchillonHelen Title: Customer Service Specialist,Code Enforcement 5/20/2016 9:46:10 AM Approved By Name: OssorioMichael Title:Division Director-Code Enforcement,Code Enforcement Date: 5/23/2016 9:19:01 AM Name: SerranoMarlene Title: Manager-Code Enforcement Operations,Code Enforcement Date: 5/23/2016 11:10:24 AM Name: FrenchJames Title: Deputy Department Head-GMD,Growth Management Department Date: 5/26/2016 4:24:15 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 5/27/2016 4:49:24 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 5/27/2016 4:50:13 PM Name:NoellKevin Title:Assistant County Attorney,CAO General Services Packet Page-731- 6/28/2016 16.A.15. Date: 5/31/2016 11:56:18 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 6/1/2016 11:06:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/3/2016 8:38:51 AM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 6/15/2016 10:36:02 AM Name: CasalanguidaNick Title:Deputy County Manager,County Managers Office Date: 6/16/2016 11:10:29 AM Packet Page-732- 6/28/2016 16.A.15. 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: Cassia Poviones, Respondent The lien was recorded on October 9, 2013, in Official Records Book 4973, Page 2094, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eighteen thousand eight hundred eighty-one dollars and fifteen cents ($18,881.15), 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 -70/i Kevin Noell Assistant County Attorney CESD20120017981 Packet Page -733- ' INSTR 4900113 OR 4973 PG 2094 RECORDED 10/9/2013 8:44 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.A.15. REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120017981 vs. CASSIA POVIONES, Respondent 7,41.4R EdiIIPII�G NTHIS CAUSE came on for pug before the Board o 5,2013,after due notice to Respondent at which time the Board ar• timony under oath,receive vide.ce,and issued its Findings of Fact and Conclusions of Law and thereup n is e• • .1 • . • • as red ed t, writing on May 1,2013,and furnished to Respondent and was re ord.• in the Pu r i •' -•••rds of• oilier C un Florida at OR 4917,PG 3032, et.seq.on May 8,2013,covering t e re. • ,•.i • . e• . -1t - ., S.W. Naples,Florida 34117,Folio 38054880002,more particularly descri• d .. •o 151 Al- - .1 G eLDEN GATE ESTATES UNIT NO.28,according to the Plat there, .- ec• •:• ' . s•• c Page• ' an• p, 'ublic Records of Collier County,Florida . An Affidavit of Non-Comp . •- 'as been filed with th4._. • b la••de Enforcement Official on June 25,2013,which Affidavit certified un•-i a• that the required correc ' a I . has not been taken as ordered. Accordingly,it having been brou a oard's atte .:• �7 ' t spondent has not complied with the � Order dated May 1,2013,it is hereby 7' ORDERED,that the Respondent,Cassia Povi. - , •. to Collier County fines in the amount of$18,800.00 (Order Items 1 &2)at a rate of$200.00/day for the period of June 25,2013 through September 26,2013(94 days), plus operational costs of$81.15,for a total of$18,881.15. IT IS FURTHER ORDERED that the fines 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 �aystay the Board's Order. DONE AND ORDERED this 3 day of�* ,d.�-''`013 at Collier County,Florida. ••DE ENFOR EMENT BOARD State of Florida COLLIER C• TY F e 'IDA County of COLLIER _ � �� TIFY THAT.tiis• a a true and B •4:�/./It....r I HEREBY CEf� .�' •._ ;�.,ert Kau toTIFir correct copytol a document onfftle iq28 0 Non e Drive Board Minutes and.Reoords`ot Collier County hand and p1 iCS seat his ► .pies,Flori•: 104 W NESS roy a Qt s _ .�day of -t :,, DWIGHTBROCK:CLER :OF...COURTS 4.1.0s(s,, ,,,N.,, :ta.C. (7 Packet Page -734- .*** oR 4973 PG 2095 *** 6/28/2016 16.A.15. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Ll The foregoing instrument was acknowledged before me this J day of�1 C.k>Gr*, 201,3)y4obert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has roduce. . . '.a Driver's License as identification. '1°i' 1 A NOT Y PUBLIC II My commission expires: .,944;•‘,.. KAREN G BAILEY • '„-: •`: MY COMMISSION#EE875121 CERTIFICATE OF SERVICE ,•c''''"`,` EXPIRES February 14.2017 a07) •• 34l53 Flo.ideNces Se.iee.tem I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Cassia Poviones,3030 39th Street S.W.,Naples,Florida • w ��► • y of (2013. \ v\1 , 9044 40.1 - (..)0M.Je•t9'awsol :`.. ' Florida Bar No.7 i 11 .: ... •'e Road .,St .210 / • .p s Flori•a 3401. Clr:.ii 8.i' 1 E-2 4, .. , v :,,, 4:kj 0 'ft\N--------''' 94' SIE CG Packet Page-735- INSTR 4835682 OR 4917 PG 3032 RECORDED 5/8/2013 12:34 PM PAGES 2 6/28/2016 16.A.15. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120017981 vs. CASSIA POVIONES, Respondent F Pi . QQ51:4; ►y- IONS O• � , , � ORDER 0 .-F-71g • • THIS CAUSE came on for public ' arin: • : • .• :oard on A.ril 25,s 013,and the Board,having heard testimony under oath,received e •$enc ,an, ..•re • ctiv • 11 appro•ri -matters,thereupon issues its Findings of Fact,Conclusions of .w, , •n•er • e :: • •w ' 1. That Cassia Poviones is e• ;r of a ub ec • • , 2. That the Code Enforcem :•and has jurisdiction o • e pe •n o 'espondent and that the Respondent,having been duly no ailed to appear at the •• ic • • • rson. • 3. That the Respondent was no, $ed,. the date of hearing by ••i -'a mail and by posting. 4. That the real property located at :'0 '" rr „tti, Florida 34117,Folio 38054880002,more particularly described as the South 150 feet o :# ‘f ar s GATE ESTATES UNIT NO.28, ACCORDING TO THE Plat thereof,as recorded in Plat Book 7,Pages 19 and 20,Public Records of Collier County,Florida,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(BXI)(a) in the following particulars: Demolition and remodel in progress without Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(June 24,2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 24,2013, then there will be a fine of$200 per day for each day until the violation is abated. Packet Page -736- I ,- **= OR 4917 PG 3033 *** 6/28/2016 16.A.15. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. 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. DONE AND ORDERED this \ day of C ,2013 at Collier County,Florida. 4:z. y•�- .RCEMENT BOARD , '' �i;i�1TY,FLO' uA . .'e rt Kaufm �r ‘1011111111141.1 ,rthH.:+ Drive STATE OF FLORIDA ) C)SS: �,COUNTY OF COLLIER) ^ ��V The foregoing instrument was ac'L' um .ged before me this y_,.. I f li, J 2013,)3/Robert Kaufman,Chair o'iii e.de Enforcement Bo.7,s, t offi.unty, lorida,who is personally known to me or .•o has pr,•uced a . '• 01:'s License as identification. ,iie l - KAREN G BAILEY +.�' 1�`�1C ' _40* 1'I 1 c �' MY COMMISSION#EEB75121 • A:' .�144 ,▪�f EXPIRES February 14,2017 My commission expires: 00'13964163 FIadallotary9.•vlm.corn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE' .as been sent by U.S.Mail to Cassia Poviones,3030 391h Street S.W.,Naples,Florida 34117 this ` day of Si 1 . 2013. /1/7M. Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 State of Florida Naples,Florida 34102 Countyxi.f..:CaC LtER (239)263-8206 I:HERE8 ' JF>(' ,,j this is a true and correct 'r . f . CT`;GIO. .I .I -tft9In Bata CEMinuA I ro5c1.C, ,,„9.r County V2',a. ixr . - .- -SS:, daP offx Seal this ayeOt , O' - �7 B pick •• 1+iph pF COl1RT r► 1 ��,1�.�Oell...;,,:• � `�./ Packet Page -737-