Agenda 09/27/2016 Item #16A14 16.A.14
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$17,330.86 for payment of $450 in the code enforcement action entitled Board of County
Commissioners v. Martha Mendez-Cruz, Code Enforcement Board Case No. CESD20110014160
relating to property located at 3525 47th Avenue NE, 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 $17,330.86 for payment of $450 in relation to the Code
Enforcement Board Case No. CESD20110014160.
CONSIDERATIONS: As a result of a code violation at 3525 47th Avenue NE, consisting of an expired
Permit No. 2009020960, with no Certificate of Compliance/Occupancy. The Code Enforcement Board
ordered the imposition of a lien against Martha Mendez-Cruz, in Case No. CESD20110014160. The lien
was recorded in the Official Records on March 20, 2014, at O.R. Book 5018, Page 2265. The lien
amount of$17,250 is based on 69 days of accrued fines, for order item 2 ($250 per day from November
21, 2013 through January 28, 2014) plus $80.86 previously paid operational costs. The property was
brought into compliance on January 28,2014.
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. Ms. Mendez-Cruz had severe delays due to medical
reasons. The fines would be financially burdening, as the accumulating fines could be detrimental to her
keeping the property and forcing her to go into foreclosure. The property is being actively maintained
and the owner has paid $450 in settlement of fines. The owner is requesting a waiver of $16,800 in
accrued fines, see attached hardship letter as required.
FISCAL IMPACT: Payment of$450 in settlement of fines has been made. If approved by the Board,
accrued fines in the amount of$16,800 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$16,800, 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, Code Enforcement Division Director, Growth Management Department
ATTACHMENT(S)
1. Lien Order (PDF)
2.Hardship Letter(PDF)
3. Release and Satisfaction-KN signed (PDF)
I Packet Pg. 609
16.A.14
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $17,330.86 for payment of $450 in the code enforcement action entitled Board of
County Commissioners v. Martha Mendez-Cruz, Code Enforcement Board Case No. CESD20110014160
relating to property located at 3525 47th Avenue NE, Collier County, Florida.
Meeting Date: 09/27/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name:Nancy CardinaleLower
08/24/2016 8:36 AM
Submitted by:
Title: Division Director - Code Enforcement—Code Enforcement
Name: Michael Ossorio
08/24/2016 8:36 AM
Approved By:
Review:
Code Enforcement Marlene Serrano Level 1 Sim. Reviewer 1-8 Completed 09/07/2016 3:56 PM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/07/2016 3:58 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/07/2016 4:49 PM
County Attorney's Office Kevin Noel! Level 2 Attorney Review Completed 09/08/2016 8:25 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/08/2016 8:41 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/09/2016 1:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/09/2016 4:30 PM
Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 3:01 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2016 9:47 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:36 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg.610 I
INSTR 4957772 OR 5018 PG 2265 RECORDED 3/20/2014 10:31 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA I16.A.14.a I
REC $18.50
CODE ENFORCEMENT BOARD
COLDER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.: CESD20110014160
vs.
c
MARTHA MENDEZ-CRUZ, °)
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Respondent
in
' P +MOSING' • :r Tice
3 THIS CAUSE came on for public be�arin_tefore-rite Board upon the Petition' 's Motion for Imposition
Fines/Liens on February 27,20141and i e Board,altavm: teartl`a gurnent\espe live to all appropriate matters U
thereupon issues its Findings of Fact acid • d r.`[fr,.:w . ‘ (\ \ N
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1. On February23,201 j ""
$, spondent was found to t in vic�(atigtro}>}rdinance 04,as amended,the fo
Collier County Land Developmen'iC Section 10.02.06(8)(j),4tlhich. l'ation covered the real property w
located at 3525 47th Avenue N.E.,l I s FL,Folio 397780000_,�t ar�ricular(y described as the East 75 feet of `m
the West 180 feet of Tract 65,GOLDEN p?t-TE ESTATES,Unit f2!ar; ord ng to the map or plat thereof,as
recorded in Plat Book 5,Page 87 of the Piiti}fe cords Lalli i`, o my;Florida. 0
2. An Order was entered on February 221.01?,WW-was-recorded in the Public Records of Collier 0
County,Florida at OR 4772,PG 1323,et.seq.on`Marclr&;?012-. �_
3. An Affidavit of Compliance was filed with the Board by the Code Enforcement Official on February
3,20)4,which Affidavit certified under oath that the required corrective action has been taken as ordered. c
4. The violation has been abated as of the date of the hearing,but the previously assessed operational
costs have not been paid. E
ORDER
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Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter
Statutes,and Collier County Ordinance No.2010-04,it is hereby ORDERED: ter 162,Florida Q
1. Petitioner's Motion for Imposition of Fines/Liens is granted.
2. Daily fines of$250.00 per day are assessed against the Respondent for 69 days for the period from
November 21,2013 to January 28,2014 for a total amount of tines of$17,250.00.
3. The previously assessed operational costs of$80.86 have not been paid.
4. Respondent is ordered to pay fines and costs in the total amount of$17,330.86 or be subject to Notice
of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
I Packet Pg. 611 I
' *** OR 5018 PG 2266 *** 16.A.14.a
DONE AND ORDERED this t t day of(vtQgrt!'`2014 at Collier County,Florida.
Co: ENFOR MENT BOARD
OLLIER CO r, Y,FLoR1t•.
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Nap 's,F *fie .,4104
STATE OF FLORIDA )
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COUNTY OF COLLIER) :3
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The foreg 'rf'instrument was acknowledged before me this I\ day of kr{k,„ , m
2014, obert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is ea
personally known to me or who-Iris used arida Driver'. icense as identification. a)
: : KAREN G BAILEY - Ct _ -. , ce
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MY COMMISSION it EEBi57?k'. h RY`IIBLIC N
'� EXPIRES Fetxuary 14,2l)})
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PAYMENT OF FINES: Any fres r _74 . .fit pu uaat t� It Src r may be paid at the Collier County13
Code Enforcement Department, 800 o h 'rs.sh e riveL}''ta s, )/34104 fax#(239)252-2343. Any
release of lien or confirmation o co li. ce . cenf t o the ti fact)on f the obligations of this Order
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may also be obtained at this Ina ion: _ `' ,z ,.; i:a
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APPEAL: Any aggrieved party rnaypeal a final order of ihear5 to,tf circuit Court within thirty(30)days
of the execution of the Order appeallte ,tin appeal shall not be a ea. ng''dc*;npva,but shall be limited to appellate
review of the record created within th �r,git qI hearing. It is the resp,a sibiIi y of the appealing party to obtain a
transcribed record of the hearing from E r of.CLourts. EiIintan'94ppoal will not automatically stay the p`
Board's Order. ;� '_-- aa)
CERTIFICATE OF SERVICE J
I HEREBY CERTIFY that a true and correct copy of this OR has been sent by U.S.Mail to Martha d
Mendez-Cruz,740 19th Street S.W.,Naples,FL 34117 this(t day o I"`R t2'/L20l4. E
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M.Je'Rawson,Esq. Q
Florida Bar No.750311
681 Goodlene Road N.,Ste.210
Naples,Florida 34012
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t,F' (239)263-8206
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State� lon . . ... y
County of caLIER, r,,
I HEFEBY,CERTIi T iAT his is a`true and
correct copy of a doo`irtlent:on Pe in
Bor:rtf Minutes 24rw6ur6 of Coffer County
VA OS my t t .arc '~facial"seal this
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DWIGHT .BROOK,CLERK OF COURTS
Packet Pg.612
IISTR 4666318 OR 4772 PG 1323 RECORDED 3/8/2012 12:03 PM PAGES 2 16,A 14.a
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, CESD20110014160
vs.
MARTHA MENDEZ-CRUZ,
J
Respondent
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to
cal
FINDINGS-3 ,y TiO SIONS m
OF LAW-AND s• s Ft-C:7,HB f O,RD
THIS CAUSE came on for public hearigg bcf c the Board on February'21,2072,and the Board,having heard
testimony under oath,received evidence,and beard-respective to altapproptiate matters,thereupon issues its V
Findings of Fact,Conclusions of Law/,andibrcierttfthelasfollows: `
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1. That Martha Mendez-Cruz/is te the 7b.redt`1
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2. That the Code Enforcemen I( lq l ,ar rctio 3'h�d
respondent and that the
Respondent,having been duly notilid;Tdjled to appear at the public hearing./' r oo
ca
3. That the Respondent was notifi f the date of hearing by ee ti ied.rt atland by posting.
4. That the real property located at 355' 7" venue 1V.E., a 1e1 FL;Folio 39778000002,more 0
particularly described as The East 75 feet of the/ 'ess l; ,leefn?f, ct,d,Y"GOLDEN GATE ESTATES,Unit 62,
according to the map or plat thereof,as recorded n�P a oo'�5,I'age•87 of the Public Records of Collier County,
Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,Section
10.02.06(B)(1)(a)in the following particulars:
Permit No.2009020960 expired with no Certificate of Completion/Occupancy.
• 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,the Collier County Land Development Code,as amended,Section
10.02.06(B)(1)(a)be corrected in the following manner:
1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting
all required inspections through certificate of occupancy/completion within 180 days(August 21,2012).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 21,
2012,then there will be a fine of$250 per day for each day until the violation is abated.
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.
Packet Pg.613
*•'* on 4772 PG 1324 *** 16.A.14.a
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$80.86 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`��CJ day of �� a)
' ,2012 at Collier County,Florida.
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CODE—EN •i"CEMENT BOARD 6
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The foregoing instrument was ackn wfiedged. br .,nth ,._,d }'� ' "i
2012,by Robert Kaufman,Vice Cha e Code Enforcement Bpard oflColile 4iuniy,Florida,who's Co
personally known to me or ,who has produced a Florida_Dr�ver's iVense as identifi ation.
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r,t;', CHRISTINA W1541449'44\, 'MARY, 1'LUBI.,IC ... '�, / O
_ 1 k1Y COMMISSION!EE 142134 ;— :5,.r
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EXPIRES:Navarnber?2.2015 }C Coit n sto e\ it` , N
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CERTIFICATE OF SERVICE c
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I HEREBY CERTIFY that a true and correct copy of I}3is ORDER has been sent by U.S.Mail to Marthao
Mendez-Cruz,740 19th Street S.W.,Naples,FL 34117 this day of`..--•"...t Y•+ , ,2012. to
Q
M.Jean 'son,F,sq.
Florida Bar No.750311
2375 North Tamiami Trail,Ste.208
Staril or FIJ: <IDA ,h,t�Naples,Florida 34013
:aunty of COLLIERr.4(239)263-8206
I HEREBY CERTIFY THAT this is s true S
:orroct copy of a,aacument on file In
Board Minutes'.aiid'Recciros of Collier County
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WI HI E MCA, CL RX9F COURTS
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Packet Pg.614
I6.A.14.b
From: VERONICA FERNANDEZ [mailto:veroniquesinteriors@gmail.corn]
Sent: Friday, April 17, 2015 11:15 AM
To: SerranoMarlene
Subject: 3525 47th ave ne naples, fl
Marlene
I am writing this email in referenced to the above mentioned property
In 2011, my mother Martha Mendez-Cruz,took out an owner builder permit to completed her
home at this address when the general contractor she had left town. The house was completed
but the culverts were not since we have two entrances on the property and it costs over$8000 to
complete them, code enforcement somehow became involved and I went before the county
commissioners four times in order to get extensions to finally complete the home. My mother is
78 years of age and my father passed on the day I received the CO in 2014 I tried to help my
mother financially, but my husband was diagnosed with three brain tumors and could not work. -�
We paid all the operational costs, but apparently one of our checks were returned and we were
not aware of that and fines in the amount of$17000 were imposed on the property. We never
received any notification or we would of taken care of this as I did before. We were only away of
this when I searched the property and found that a lien had been placed on it, if not I would of
never known anything was wrong.
At this time I am requesting that the fines incurred on the property be removed.. I will be able to �?
pay the $80 of the returned check and any fees incurred for the bad check, a
As I stated before my mother is elderly and she can not pay these fines, she has a small
retirement check that she lives on I assure you this was just an oversight.
Should you have any questions please feel free to contact me at 239-687-0858
Thank you for your kind attention given to this matter. co
Sincerely, L
Veronica Fernandez :'
for: Martha Mendez-Cruz
.y
Qct
Packet Pg. 615
1 6.A.1 4.c
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:
N
Martha Mendez-Cruz,
Respondent
The lien was recorded on March 20, 2014, in Official Records Book 5018, Page 2265, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventeen thousand three hundred thirty dollars and eighty six cents ($17,330.86), plus accrued
interest and penalties, if any, and imposes certain obligations against real property situated in co
Collier County, Florida. -0
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.
c
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. (15
co
:i+
ATTEST BOARD OF COUNTY COMMISSIONERS cn
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c
d
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
co
Approved as to form and legality Q
Kevin Noel!
Assistant County Attorney
I Parkaf Pn 11R I