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Agenda 09/27/2016 Item #16A12 16.A.12 09/27/2016 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $12,450 for payment of $450 in the code enforcement action entitled Board of County Commissioners v. Pierino and Loreta Pensenti, Code Enforcement Board Case No. CEROW20100017549 relating to property located at 4110 3rd Avenue 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 $12,450 for payment of $450 in relation to the Code Enforcement Board Case No. CEROW20100017549. CONSIDERATIONS: As a result of a code violation at 4110 3rd Avenue SW, consisting of an unpermitted temporary second driveway for the property that has been partially placed on neighboring property. The Code Enforcement Board ordered the imposition of a lien against Pierino and Loreta Pensenti, in Case No. CEROW20100017549. The lien was recorded in the Official Records on March 1, 2011, at O.R. Book 4656, Page 2153. The lien amount of S12,450 is based on 83 days of accrued fines, for order item 1 and 2 ($150 per day from December 18, 2010 through March 11, 2011). The property was brought into compliance on March 11, 2011. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The property is being actively maintained and the owner has paid $450 in settlement of fines. The owner is requesting a waiver of$12,000 in accrued fines, see attached hardship letter as required. FISCAL IMPACT: Payment in the amount of$450 has been made. If approved by the Board, accrued fines in the amount of$12,000 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$12,000, accept payment amount of$450, 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 Division, Growth Management Department ATTACHMENT(S) 1.Release and Satisfaction-KN signed (PDF) 2.Lien Order (PDF) 3.Hardship Letter(PDF) Packet Pg. 580 16.A.12 09/27/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$12,450 for payment of$450 in the code enforcement action entitled Board of County Commissioners v. Pierino and Loreta Pensenti, Code Enforcement Board Case No. CEROW20100017549 relating to property located at 4110 3rd Avenue SW, Collier County, Florida. Meeting Date: 09/27/2016 Prepared by: Title:—Code Enforcement Name: Danny Blanco 08/11/2016 10:35 AM Submitted by: Title: Division Director- Code Enforcement—Code Enforcement Name: Michael Ossorio 08/11/2016 10:35 AM Approved By: Review: Code Enforcement Michael Ossorio Level 1 Sim. Reviewer 1-8 Completed 08/11/2016 12:57 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/11/2016 4:17 PM Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 08/19/2016 8:35 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/23/2016 4:24 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/30/2016 11:47 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/06/2016 12:50 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2016 1:26 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/06/2016 2:17 PM Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 2:51 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:10 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM Packet Pg. 581 6.A.1 2.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN a) 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: a) Pierino and Loreta Pensenti, Respondent U, The lien was recorded on March 1, 2011, in Official Records Book 4656, Page 2153, in the a Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve thousand four hundred fifty dollars ($12,450), 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 • r 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 a d By: By: a Deputy Clerk Donna Fiala, Chairman ce Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pa. 582 Ktl.ukoLD j/1/2011 4:21 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.12.b REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CEROW20100017549 vs. PIERINO AND LORETA PENSENTI, Respondents ,r o to ORDER IMPOSING FINE/LIEN ami THIS CAUSE came on for public hearing°be elle 13arrl,an Ngernber 18,2010,after due notice tocc Respondent at which time the Board heard testii t �y-tt er oath reeety� r , q#f�.ti's{lence,and issued its Findings of Fact and Conclusions of Law and thereupon issued t,.offal Order which was 3 e udeil{o writing on November 19,2010, N and furnished to Respondents and was reeor‘ded in the Public Records of Collier County,Florida at OR 4629,PG 237,et,seq. on December 2,2010. ----, � �, a An Affidavit of �13a Non-Compliance (certified C. '� a> t}todetEnforcement Official on 01;December 20,2010,which Affidavit erti ed n o th'ha eg �wird c'grective action has not been taken as ordered. , I I Accordingly, it having been br ugIit to the Board's attent`i a that Respondents have not complied with the 0 Order dated November 19,2010, it is here.1‘\ c ORDERED, that the Respondent.' ler no and Loreta Pensentr`Pay t �C',o�llier County fines in the amount of $10,200(Order Items 1 and 2)at the rate,of$U50!day for the period of December 18,2010 through February 24,2011 (68 days),plus the operational costs`of 80229-1 r total pt$1.0,280.29. E IT IS FURTHER ORDERED that the fines'andoperat onal costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a Iien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this c9 day of -,...k 1.—,,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER CO ► r ORIDA • atN o: ;kWh BY: unrw Of COWER Kenneth Kelly,Chair hL�Y2800 North Horseshoe Drive aE THAY-the i' a true Naples,Florida 34104 rrect cocim.-$nootinientof.fife in lard EJl inutel ?Did R+ectiros ol'.Co Mei TS 00.11MsZt_set ttlit Packet Pg. 583 vn -w.JV ry L 1J.9r """ 16.A.12.b STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of `--1 ,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. Tri 11;;;;:.:.; tt XFt^ lit-,I n -rJvl.'.rv't lift 40,4. Via LS/ RECORDED 12/2/2010 2:59 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 16.A.12.b REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CEROW20100017549 vs. Ins a) PIERINO AND LORETA PENSENTI, :i (5 Respondents N / a`) a> 4 FINI SIN 5© FACT CONc1 1,1 EONS 5 OF'I A? 'AND ORDER OF THE BOARD N / c a) THIS CAUSE came on for public hearing be g E6ar cin November 1-8,, 2019,and the Board,having heard r.. testimony under oath,received evit(enc ;a,nd and 0 x Ceike_to alt p 'a Ate Matters,thereupon issues its cNt Findings of Fact,Conclusions of aw, Ad r off Nt, a'[I'i s `ol o�#�,ss// I ii tit 03 E j 1. That Pierino and Loreta PFrm 'fir a� Qe �rr5,6f thq, ubje ro erty-J -8 d. /Zt:! O 2. That the Code Enforcemen o d has jurisdiction of th d; rso' of1he Respondents and that the c Respondents,having been duly noti e filed to appear at the put'frc l Tog.',/ a' 3. That the Respondents were nota iedd €�'thedate of hearing o'?tifled mail and by posting. aci E 4. That the real property located at 4110 3.-AVz uefS.Wl;Napies,FL 34119, Folio 36616480004,more c�i particularly described as The East 150 of Tract No. 92,GOLDEN GATE ESTATES,Unit No. 1,according to the c°, plat thereof,recorded in Plat Book 4, Pages 73-74,of the Public Records of Collier County, Florida is in violation Q of Collier County Code of Laws and Ordinances,Chapter 110,Article II,Section 110-31(a)in the following particulars: Unpermitted temporary 2nd driveway for the property that has been partially placed on neighboring property. 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 Collier County Code of Laws and Ordinances,Chapter 110,Article II,Section 110- 31(a)be corrected in the following manner: 1. By removing temporary driveway and restoring right-of-way to a permitted state within 30 days (December 18,2010). 2. That if the Respondents do not comply with paragraph l of the Order of the Board by December 18, 2010,then there will be a fine of$150 per day for each day until the violation is abated. Packet Pg. 585 ve. -rvc ry c.)o --- 16.A.12.b 3. That the Respondents are 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 Respondents fail to abate the violation,the county may abate the violation 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 Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of n the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate _w review of the record created within. Filing an Appeal shall not stay the Board's Order. -� o DONE AND ORDERED this \L1 day of ...,)c) . ,2010 at Collier County, Florida. m �,,,,.,-- "isS E' CEMENT BOARD cc o R (r7 t►• a►- e •IDA _- ! 1...: BBY: \ '' �'' N �7� P,ti -, Kenneth Kelly, pair\— aa) a. / / •'4---- --.8110` 1oroh Horse hoe plrive STATE OF FLORIDA ) j ( . ^t;' ,, -. Tes_F4tid,af',04 \ co )S S: i t� 1 I '� 10 '.l 1 i i I t ;rY-^-- t J L COUNTY OF COLLIER) t :'�•.�,J i '1:; c> The foregoing instrument was ackn�'fir e ed before me this lq y oOp-kleAA- CLC, O 2010, y Kenneth Kelly,Chair of th&CG' e nforcement Board of ` fileruttfy,Florida,who is J personally known to me or \\ w i$ has produced a Florida nrisCer'-License as identification. \\, --?,. ' ,,, \,<\A../b/ c 'y� KRISTINE HOLTON EE as ` ;,` MYCOMMISSION d DD 685596 NOTA ,--IBL -- ' = EXPIRES:June 18,2011 My commission expires: ';',7,';'p';'.74'.'` .. Bonded Thru Noary Puhifc Under+:eters Q - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER.has been sent by U. S.Mail to Pierino and Loreta Pensenti,4110 3rd Avenue S.W.,Naples,FL 34119 this 22=d day of 1.10 V ,2010. /77 ! 62,:-.--/..---c..c../"-A '�--, M.lea awson,Esq. Flori'a Bar No. 750311 5t3t�t F u.+ � ----- ---- _• Attorney for the Code Enforcement Board tatil Of (:��:� 2375 N.Tamiami Trail, Ste. 208 ;minty Naples,Florida 34103 (239)263-8206 1 NERVY CERTIFY T{ig th!IS a Vat. tra•a t, :orreCt copy of,a,00cument. ift'##ie.Etta Board Minutes atsd.RieRrq$-,cit C*0 Mar COuitt I Ess tri ;na Ma, r/), thl$01 _. oay of DWIGHT E. BRO ,CL OF Packet Pg. 586 1 6.A.1 2.c Financial Hardship Letter From: Donato& Pierino Pensenti April, 28, 2016 Re: Case No. CEROW20100017549 Location:4110 3rd. Ave S.W., Naples, Florida 34109 Att:Code Enforcement/ Board of County Commissioners With reference to the above case regarding a temporary driveway which was in fact originally permitted as a temporary drive, I had this work done by an independent contractor who had apparently on my neighbor's property when he initially did the installation. When I received the initial -� code enforcement notice via mail in November of 2010 which was a year or so after the work had ° m initially been permitted and completed , this is when I became aware that the placement was infringing on my neighbor's property. At this point I had proceeded to apply for a permit to make the driveway TD permanent. I acquired the permit and I proceeded to remove the existing driveway and relocated it as ; noted in the documents provided in the permit documents. I had moved the driveway east away from the neighbor's property as requested and over towards the primary existing drive on our property. I had a completed the reinstall to the point of 90%and contacted the building inspector who was assigned to •• do a field inspection of the work on several occasions by phone and left messages each time I called. co After a couple of weeks and no response I proceeded to replace the sod which had not been completed. Several days after completing the replacement of the sod I had received a phone call from the inspector advising me that the replacement of the driveway/drain culvert was not acceptable. His reasoning was that the flare on the east side of the culvert was too close to the existing flare on the west side of the preliminary driveway culvert? In order to move the components off of the neighbor's property I had no 2 choice but to place it as I had done so. At this point, having been frustrated with the code violation and = the delayed response from the inspector I had received a second notification by mail regarding the code violation. I had chosen to appear before what I believe was the Board of County Commissioners to discuss what I needed to do to resolve this issue. During my appearance at the county facility being }vm somewhat frustrated I had asked them if I were to remove the additional driveway all together if this would be satisfactory, keeping in mind that I had obtained a permit for the temporary drive initially and then a permit to fix and make it permanent.They agreed that this would be satisfactory.Subsequently, several thousands of dollars later and within the next 30 days I had the installation removed and restored to it's original state including new sod. I would never had allowed the initial installation to be installed on my neighbor's property. My question was, since I had obtained a permit for a temporary access drive would it not have been brought to my attention that something was not correct if a county inspector had been on site to inspect the installation?While this was all transpiring you will see in your county records that I had initially installed the service drive and I was in the process of getting permits for a renovation remodel to the existing house and conversion of the detached garage to a guest house. I believe this information is available in your county records. Due to a pending severe economic Packet Pg. 587 1 6.A.12.c downturn during this same time period I was forced to abandon the work to the dwellings on the property and never started the work. Shortly after I was forced to close my construction related business as a result of the economy and severe financial distress. I am currently dealing with visual health issues which I have been contending with for the past 8-9 years and have gotten progressively worse. During the economic downturn I had all but completely lost my source of income. I have currently obtained employment in the last year in the retail industry at a pay cut of 65%less than what I was earning before the recession. I am in no financial position to pay the fines attached to the code violation in question. In an effort to try and ease the financial burden, I have decided to attempt to short sell our home of over 20 years. I have not been able to make the mortgage payments for the last six months and will be at risk of foreclosure if I cannot have any pending liens removed from the property. It is for this purpose that I am sending you this correspondence. I currently have the potential for a short sale if I can get a lien release with reference to this code violation as noted above. It c is not my best case scenario, but my current options are limited. Since time is of the essence with regard to further action from my bank please review the enclosed information as soon as possible. My hope is a) that based on the enclosed information and circumstances you will find it justifiable to erase the fines ca ca and provide a lien release so that a new owner can acquire the property and make the necessary improvements to increase the value of the property and properties in the area. a) to a, a Respectfully, Donato V. Pensenti E mail: dvpensenti@gmail.com a Cell: 239-825-6330 t a Note: Please contact me at the above referenced e mail or phone#as we have had to move out of the above referenced property and are staying with friends. . ns .,r Packet Pg. 588