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Agenda 09/13/2016 R Item #16A19 16.A.19 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve the release of three (3) code enforcement liens with a combined accrued value of $1,761,244.01 for payment of $744.01 in the code enforcement action entitled Board of County Commissioners v. Julio Iglesias, Code Enforcement Board Case Nos. CESD20100018711,CESD20100018717, and CENA20100018724 relating to property located at 985 Honeybee Drive,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three (3) code enforcement liens with an accrued value of$1,761,244.01 for payment of$744.01 in relation to the Code Enforcement Board Case Nos. CESD20100018711, CESD20100018717,and CENA20100018724. CONSIDERATIONS: As a result of various code violations at 985 Honeybee Drive, as reflected below, the Code Enforcement Board ordered the imposition of three liens against the property as follows (in chronological order based on lien recording date): The Code Enforcement Board ordered the imposition of a lien against Julio Iglesias, in Case No. CESD20100018711. The lien was recorded in the Official Records on November 8, 2011, O.R. Book 4734, Page 2509 (for several unpermitted structures on the property; a swimming pool with deck covered by a screen enclosure with no permits for all of it; a chickie hut with attached shed with a bathroom unpermitted; unpermitted small sheds on the east and south side of the property; a tree house with electricity unpermitted. All structures on the property besides the principal structure didn't have permits). The lien amount of$859,081.72 is based on a total of 1,718 days of accrued fines (at $500 per day from September 24, 2011 through June 6, 2016) plus $81.72 in operational costs. The property was brought into compliance on June 6,2016. The lien in Case No. CESD20100018717 was recorded in the Official Records on November 8, 2011, at O.R. Book 4734, Page 2511 (Bottom floor of split home - new rooms were added and new wall and doors, electrical work done without Collier County permits). The lien amount of$859,081.72 is based on a total of 1,718 days of accrued fines (at $500 per day from September 24, 2011 through June 6, 2016) plus$81.72 in operational costs. The property was brought into compliance on June 6,2016. The lien in Case No. CESD20100018724 was recorded in the Official Records on November 8, 2011, at O.R. Book 4734, Page 2513 (Litter consisting of, but not limited to, buckets, construction debris, oil containers, etc.). The lien amount of$43,080.57 is based on a total of 215 days of accrued fines (at $200 per day from June 26, 2011 through January 6, 2012) plus $80.57 in operational costs. The property was brought into compliance on January 26,2012. The property was acquired by Michael Weger and Norhapisah Weger,via special warranty deed on April 7,2014. 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 owner has paid $744.01. The new owner is requesting a waiver of$1,760,500 in accrued fines. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment Packet Pg. 597 16.A.19 09/13/2016 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 $744.01 in settlement of fines. The owner is requesting a waiver of$1,760,500 in accrued fines, see attached hardship letter as required. FISCAL IMPACT: Payment of $744.01 has been made, representing $500 in fines and $244.01 in operational costs. If approved by the Board,accrued fines in the amount of$1,760,500 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$1,760,500, accept payment amount of $744.01, 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(3) -KN signed(PDF) 2.Lien Orders (PDF) 3.Hardship letter (PDF) Packet Pg. 598 16.A.19 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19 Item Summary: Recommendation to approve the release of three (3) code enforcement liens with a combined accrued value of $1,761,244.01 for payment of $744.01 in the code enforcement action entitled Board of County Commissioners v. Julio Iglesias, Code Enforcement Board Case Nos. CESD20100018711, CESD20100018717, and CENA20100018724 relating to property located at 985 Honeybee Drive, Collier County,Florida. Meeting Date: 09/13/2016 Prepared by: Title:—Code Enforcement Name: Danny Blanco 07/27/2016 10:54 AM Submitted by: Title: Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 07/27/2016 10:54 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/27/2016 3:45 PM Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 07/27/2016 3:54 PM Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 08/10/2016 4:36 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/11/2016 2:47 PM County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 08/15/2016 8:34 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:45 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 4:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 9:25 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:06 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:55 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 599 6.A.1 9.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 Tir RELEASE AND SATISFACTION OF LIEN J 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: rz Julio Iglesias, Respondent Ts) The lien was recorded on November 8, 2011, in Official Records Book 4734, Page 2509, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight hundred fifty nine thousand and eighty one dollars and seventy two cents ($859,081.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property 0 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. 0 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. N .773 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA as0 N CTS By: By: 11) Deputy Clerk Donna Fiala, Chairman Date: Date: E co Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 600 16.A.19.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 N 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 andca personal property owned by: Julio Iglesias, Respondent rn The lien was recorded on November 8, 2011, in Official Records Book 4734, Page 2511, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight hundred fifty nine thousand and eighty one dollars and seventy two cents ($859,081.72), 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. 0 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. y 174 ATTEST BOARD OF COUNTY COMMISSIONERS `n DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA N By: By: Deputy Clerk Donna Fiala, Chairman Date: Date: E 0 t4 Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 601 16.A.19.a This Instrument Prepared By: Marlene Serrano Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 N 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: a) Julio Iglesias, Respondent "En' The lien was recorded on November 8, 2011, in Official Records Book 4734, Page 2513, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty ti three thousand and eighty dollars and fifty seven cents ($43,080.57), 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. 0 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. y ATTEST BOARD OF COUNTY COMMISSIONERS v DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA co (3) N CD f4 By: By: cc Deputy Clerk Donna Fiala, Chairman Date: Date: U R r-. Approved as to form and legality Kevin Noell Assistant County Attorney Packet Pg. 602 INSTR 4624527 OR 4734 PG 2509 RECORDED 11/8/2011 2:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.19.b REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20I00018711 vs. JULIO IGLESIAS, '77-) a) Respondent o a) N as a) ORDERIMPOS1N&-FTNFLIEN To THIS CAUSE came on for public-hearing efb�t -B�o'�ard May 26,2011,after due notice to cetti Respondent at which time the Board heardieltiniony under oath,received evidence,and issued its Findings of Fact cts and Conclusions of Law and thereupon fisted its oral Order which was reduced to writing on June 2,2011 and a) furnished to Respondent and was recorded ircthPublic Records of Collie~County,Florida at OR 4690,PG 261,on °' June 8,2011 and furnished to Respondent. " ` \ ' ; o An Affidavit of Non-Cornpiiajn�c 'cr7't ed,, 1115e to Cade Enforcement Official on ti October 13,2011,which Affidavi cert{fie unaerr oathth t e uir`ed corrective action has not been taken as y ordered. r^ 1� � ' r ` ' 1 t N 19 Accordingly,it having b I`i�6rbught to the Board's attention that Respondent has not complied with the Order dated June 2,2011,it is herey ,. )l / ,' ORDERED,that the Respon4etl't,Jt lio Iglesias,pay to Colhet,,.County fines in the amount of$17,000 1.1 (Order Item 1 and 2)for the period of$e teixtber 24,2011 through Qcltaber,27,2011(34 days)at$500 per day plus $81.72 operational costs incurred for the imp6siti. f fines,--for aiatal`of$17,081.72. a) `�-.. , --a.1,(,..., ,` E 0 IT IS FURTHER ORDERED that the fuses and operational costs shall continue to accrue until Respondent it conies 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 Respondents. DONE AND ORDERED this`�`�day of_1`' `' •,2011 at Collier County,Florida. cap-. ENFO: MENTB ARD Stalks C Fink)DA. .. f C h 0 DA 4�` `{ ?fr=Rf' 1 "?1ufm + ce-Char , R, 4A k X800 North li • s o-oc D ve orreCt �t7py o►'a' of Btit n #Ile in Naples,Flori; 3 t Board Mjnutgg 6Pd ec- orosi�i Gott dax ,£SS,rib61 n. . off'i t l J ,_.: 1 tlay,'pt :1,4. "All ,-.0 Packet Pg. 603 *** OR 4734 PG 2510 *** 16.A.19.b STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Pay foregoing instrument was acknowledged before me this of KAM\I . ,2011,by Robert Kaufman,Vice-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. r, :+NE TWENT£ NOTARY PUBLIC wary Public-State of Florida Ci ���'�` �� My commission expires: o r,` -1:;= m, Comm.Expires Jun 18.2015 m `t Commission•EE 87272 CERTIFICATE OF SERVICE N cts irrougn National Notary Assn. m I HEREBY and cora . op -,o is:ORDER has en sent by U.S.Mail to Julio Tv Iglesias,985 Honeybee Drive,Naples,Fl daa 4'1)0 7i ' k y of I4 .)U . ,2011. u J I --,,,t Ivf Jean`Rawson Esq r I fi , - ..,`r,- F .. $. i Florid. ,B No.750311 1 j I r)Atlotpe}�4br the lode Enforcement Board �� 375 . FamamiF3rail,Ste.208 ��.�_` Naplr 10 103 -ca !' - X239)2r.3-8206'7/ 15 \.',./L\ —I c o /. ------_, -- e' a> U co QY Packet Pg. 604 INSTR 4624528 OR 4734 PG 2511 RECORDED 11/8/2011 2:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.19.b REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100018717 vs. JULIO IGLESIAS, c a) Respondent J 1 o a) Co Ce a) ORDER IMPOS1K'rFINE/LTEN Tu THIS CAUSE came on for public heer og' re- e-Roard' i'May 26,2011,after due notice to N Respondent at which time the Board heard to fireony under oath,rec*ive evidence,and issued its Findings of Fact .N and Conclusions of Law and thereupon issued its oral Order which was;r used to writing on June 2,2011 and a) furnished to Respondent and was recordedinrthe-Public Recordsrof Collier County,Florida at OR 4693,PG 2130, i) on June 20,2011 and furnished to Kesptrnden£ ',, .� ' '`, ,1 ,- 1.----- An Affidavit ofNon-Cornpliat c a err e'iFw"t tie` var fsy the Code Enforcement Official on '' October 13,2011,which Affidavi cer(fiea under ga that the-, ieslutted 'irrective action has not been taken as ordered. r�-, \\,,, ;\—/:-I, \ '\— " —/ / ' ' w" 3 E Accordingly,it having been-brought to the Board's atfcption that Resporident has not complied with the O Order dated June 2,2011,it is hereby \ ., ' _ ORDERED,that the Resporiden�t,`Julio Iglesias,pay to Collier Coun'ti fines in the amount of$17,000 (Order Item 1 and 2)for the period of Seept tjber 24,2011 through Qctobcr,27,20I 1(34 days)at$500 per day plus $81.72 operational costs incurred for the irdpdsit`yi ref fines-for'i;�zgwtahaf"$17,081.72. CD J 1-I r r'(V '1, , -' IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent as comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Q 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 Respondents. DONE AND ORDERED this(- '`'qday of CO V. ,2011 at Collier County,Florida. CO M •ix•' EMENT OARD `�,,, p '• • ORIDA you rtty of CAW , %r $. ',V` .,T Ail � � �s ,�. �iui%�." Vice Chair 40 i N ERE1 Y CER3'i '1 A #11151 1, '`2800 No - o "eshc" Drive correct cony 0t. `tt ttt 4rue In p 'hoard hlinutes.`.BRd GOtlkr Naples, ri* 04 ivxriyEss my (la * ',,` j 1 iMhtlif C{�1 Oayt. ► t Packet Pg. 605 *** OR 4734 PG 2512 *** 16.A.19.b STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this P day of OD\-) - ,2011,by Robert Kaufman,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or /who has produced a Florida Driver's License as identification. ;�::Ls,, KRl$lic TWENTE of NOTARY PUBLIC y,,,,,,,.,-,,---,,,\--i(\.„,.._,._,..___ ____ c ;'}' `1% Notary Public••State of Florida ii `-My Comm.Expires Jun 18,2015 My commission expires: 3 -.;%,..c,...,. el Commission N EE 87272 d ;0.,,i' u, ',..,04 Bonded Through National Notary Assn ca m I HEREBY CERTIFY that a true and corret1 o. .o 's ORDER has been sent by U.S.Mail to Julio Iglesias,985 Honeybee Drive,Naples,Florio S4‘2b t ' .. -7 t 1/431y,of )...- -.,,v , ,2011. cli- �' . _OM1 Jean wsott Esq. I �-� '., c---Fior'i • �o.7/ 0311 rte. 1 ' } Atic nev or the Code Enforcement Board If J , r t'''''',--1N s'Z75'1 IamiamiTrail,Ste.208 I2 ' L ti ;\,.\`---...--\`-'4\\s-.Y f r- H Naple tori 4103 12 \ ;;239)263-820'1"`! O / _.....---',.*<\:// c C /' �_. .'< t. E a .0 U co Q Packet Pg. 606 INSTR 4624529 OR 4734 PG 2513 RECORDED 11/8/2011 2:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.19.b REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CENA20100018724 vs. JULIO IGLESIAS, c a) Respondent ,J / 6 d U) a) ORDER.IMP ST Q-FINFJLIEN Tii . i (t ) -.- cc - THIS CAUSE came on for publicore' di i ay 26,2011,after due notice to v Respondent at which time the Board heard t t trt'any under oath,rete vet vidence,and issued its Findings of Fact •- ./.k_ and Conclusions of Law and thereupo ssits oral Order which was'reduc d..to writing on June 2,2011 and a) furnished to Respondent and was rerprdettir 'tl'te-PutJlic_E p. ,af Colliet<,Courty,Florida at OR 4693,PG 2132, a' on June 20,2011 and furnished to Resapident" _ \; � o An Affidavit of Non-Conlpli cC m ___,k,---(--) f14e 1 . e «•arcl b/the Code Enforcement Official on October 13,2011,which Affidavi cert ie4u d rr th that q:_q iii I orrective1action has not been taken as a) ordered. -, ti s --• w 12 Accordingly,it having be tV6rought to the Board's attention that Rirsf J1ent has not complied with the O Order dated June 2,2011,it is hereb , 1, �'/ � 1 ,� ORDERED,that the Respon"..n4 ulio Iglesias,pay to Col ter Cowl�fines in the amount of$24,800 Zi (Order Item I and 2)for the period of J e C;`2 l Ithrough Octobers' ;"4 011(124 days)at$200 per day plus c $80.57 operational costs incurred for the imm ii�of-lines,-ftir'a-totj1 f$24,880.57. °' IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent ca comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Q 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 Respondents. DONE AND ORDERED thi LC day of ;1\rd'id V • ,2011 at Collier County,Florida. _ ...,-.1.7,,w.,-;-:CJD. " , S - -., BOARD Stah3 ti fl,jd J)A -i✓. k,i0P1 :r,0 LIER .fl S" DA 'aunty of t.W''�ya ` c , - `AVy4 B ._ i:RE; Y CERTIFY THAT-Pis ht"9 Ro, I{.. di. vies t hair ^rrr'ct CCQy 01,111.60C' Urtllan3 64 flies in 2800 No arses r YC rrl t1k.nt ter, arid.ReCt1 t3"l;'Cruller GiXinitr Naples,Flori .4 „_,..4„...,---4,4r-s rrlu a .rva-ei Cl#f 'it vl G�Y 6-''. .. ' Packet Pg. 607 *** OR 4734 PG 2514 *** 16.A.19.b STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) LX The foregoing instrument was acknowledged before me this r7 day of 1O\J _,2011,by Robert Kaufman,Vice-Chair allthe Code Enforcement Board of Collier County,Florida,who is personally known to me or _who has produced a Florida Driver's License as identifications ...AS.. K€1+511NE_— 1� W�g ) -A,A.Z1b-t-,,:.ea t_{..L r.-, C NOTARY PUBLIC Zi riot Public-State of Florida i ,:,•I- . *. y My commission expires: o r •. ':'•iy Caron,Expires Jun 18,2015 �s \4;' Commission #EE 87272a) :;,, CERTIFICATE OF SERVICE 0 Pc led Tnrough National Notary Assn. ea I HEREBY CERTIFFY that true and cls i pyo is.ORDER has been sent by U.S.Mail to Julio a' Iglesias,985 Honeybee Drive,Naples,Flo a i4, tietk-- I�` of t,)c'\V ,2011. cri I-I :o.7103 1 i rte'. (-----c rs, �o e r e Cotte Enforcement Board j 751.dam mi "rail,Ste.208 N �r, -:Naples orid4103 '� 39)2 3-82'0' 1 p \`7 lC.; . / a) l fry r _• � � ------.--v ,fir' a) U co a • Packet Pg. 608 16.A.19.c IfY Bur•osiliana i From: michaelweger28@aol.com l V Sent: Tuesday, June 21, 2016 9:34 AM To: Burgoslliana;WaiverOfFinesRequests Subject: Re: Need Detailed Hardship Letter FW: Reduction of fines -985 Hone ee Dr To Ms Burgos and the Collier County Board of Commissioners Please accept this letter as my Detailed Hardship Letter requesting Reduction and Relief from Fines regarding my property at 985 Honeybee Drive Naples, FL . Prior to my closing on this property I was made aware that there were prior violations and fine resulting from same. I called Collier Co. Building department and was told that the prior violations had to be removed . Since my plan was to remodel the structure, I asked if by remolding and therein getting rid of all prior violations , with submitted and approved building permits, would satisfy necessary corrections of c violations and was told YES ! I proceeded to immediately hire an architech to start on the changes. m We went back and forth with my desires and his design until six months went by when I finally approved and asked him to ° start producing working drawings to submit to vii the building department for permits. Three months went by and I had not received anything from him so I started callinga only to find out one week later that he had serious health problems and had not worked for two and a half months. So I let l that go hoping that he would recover soon. Another four months went by and at that time my situation had changed vi resulting in my being presented with an opportunity that would take me out of the state, so I put the property on the market .7 for sale. C, ) When the property was under contract and title work was preparing for closing I was reminded that the violations had to be removed to get the liens off the property title, and contacted the Development Dept. Mr. Paul told me what had to be done and following an inspection to verify the same, I would request that the fines and liens be removed, because I had not created the violations, and that would take care of that. Not once through all of this time and contact with Collier Co. Building and Development Depts.was I informed either verbally and certainly not in writing that I was required to make the necessary violation corrections within thirty days after I le:- closed closed on the property , and that failing to do so would result in my being fined ! It wasn't until I made the corrections , had the inspection and then requested instructions on how to proceed with the request for relief from the fines was I informed that the thirty day requirement for correction was in = place.) had no idea that fines were being charged and accumulated. m The Hardship is not the approximately three thousand dollars paid for removal of the violations , or the operational costs, it 5 is the burden of fines , in excess of TEN TIMES the amount that I paid for the property without ever being told that that was happening ! THAT IS THE EXCESSIVE HARDSHIP WITHOUT DUE PROCESS ! I will supply you with proof of the removal costs, be willing to pay the Operational Costs , and a fee of$500.00 (five hundred)for the Board of Commissioners time in reviewing this request for Reduction of Fines if this is acceptable as a settlement of All of these cases CENA20100018711, CENA20100018717 , and CENA20100018724 . Respectfully Submitted Michael R.Weger June 21, 2016 cc Jerry Pesick ,attn. Original Message From: Burgoslliana <IliianaBurgos@coiliergov.net> ratcliffchimney<ratcliffchimney@aol.com>; michaelweger28 <michaelweger28@aol.com> Cc: SerranoMarlene <MarleneSerrano@colliergov.net> It Packet Pg. 609 16.A.19.c Sent: Mon, Jun 13, 2016 3:10 pm Subject: Need Detailed Hardship Letter FW: Reduction of fines- 985 Honeybee Dr Good afternoon Mr. and Mrs. Weger, The open cases are now closed. Both cases have a compliance date of June 6,2016. In reference to case CESD201000018711,the current fine owed is$859,081.72.The fines are for the period of non- compliance for Order Items 1 and 2: 1,718 days (9/24/11—6/6/16) @ $500/day fine = $859,000.00 plus operational costs of$81.72, Deed was recorded on 4/28/14; 30 day allowance = May 28, 2014 Per the resolution, fines for current property owner:$370,081.72($500/day fine x 740 days (5/29/14—6/6/16) +$81.72 operational costs. In reference to case CESD201000018717,the current fine owed is$859,081.72.The fines are for the period of non- compliance for Order Items 1 and 2: 1,718 days (9/24/11—6/6/16) @ $500/day fine=$859,000.00 plus operational ,J costs of$81.72. o ca Deed was recorded on 4/28/14; 30 day allowance = May 28, 2014 Tij Per the resolution, fines for current property owner:$370,081.72 ($500/day fine x 740 days(5/29/14—6/6/16) +$81.72 operational costs. rn In reference to case CENA20100018724,the current fine owed is$43,080.57.The fines are for the period of non- compliance for Order Items 1 and 2: 215 days (6/26/11-1/26/12) @ $200/day fine=$43,000.00 plus$80.57 operational costs. a. The Deed was recorded on 4/28/14 and case is in compliance as of 1/6/12. U, cis Per the resolution, fines for current property owner: $80.57 a) Per the resolution, please forward a letter to waiveroffinesrequests@colliergov.net, detailing(copies of expenses, .c photos,etc.) any costs and circumstances that may have contributed to the delay in compliance and any documentation and/or details that show/explain that payment of the full lien amounts would impose a severe financial hardship. Also Q include an offer of settlement in the letter for consideration. Please note that any costs incurred by the County are not eligible for reductions. Please contact me if you have any questions. Sincerely, (liana Burgos Operations Supervisor Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-6865 Packet Pg. 610 • 16.A.19.c "HOW ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY: https://wvvw.surveymonkey.com/r/Code2016 We appreciate your feedback! Code Enforcement Mission Statement: "To protect the health,safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" From: Burgoslliana Sent:Tuesday,June 07, 2016 10:40 AM To: 'ratcliffchimney@aol.com'<ratcliffchimney@iaol.com>; 'michaelweger28@aol.com'<michaelweger28@aol.com> Cc:SerranoMarlene<MarleneSerrano@colliergov.net> Subject: Reduction of fines-985 Honeybee Dr m Good morning Mr. and Mrs. Weger, 0 a) The investigator, Mike Odom, is waiting for the issuance of the Certificate of Occupancy/Completion for the permit in order to close the cases. Once he confirms that the violation has been abated the cases will be closed. Then you may forward a detailed letter requesting a reduction of fines at your earliest convenience. ca Please see the attached Resolution. Fines that accrued prior to transfer of title and thirty days following transfer a of title can be considered for waiver. If fines accrued after your 31'day of ownership that would cause a severe financial hardship to pay, then include the details of the hardship and any circumstances that may have caused delays and/or expenses (documented with receipts, invoices, etc.) that you wish to be considered along with an offer of settlement. Please note that costs incurred by the county are not reduced. Once the request is received it will be reviewed within 2 weeks and a response will be submitted. a. -a Sincerely, Iliane Burgos cp Operations Supervisor ;✓ Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-6865 "HOW/ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY: https://www.surveymonkey•com/r/Code2016 We appreciate your feedback! Code Enforcement Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" 3 Packet Pg. 611 • 16.A.19.c My name is Michael R. Weger, and l, along with my wife Norhapisah; purchased the property located at 985 Honeybe which at the time had prior non-permitted uses and violations , along with fines and liens resulting from those prior vi with Renald Paul with Code Violations at Collier Co. to find out what has to be done to correct those violations and h corrections as per his instructions_ Please find attached hereto the inspector's report as of this date of June 3, 2016 , indicating that all violations and non-conforming uses have been removed and therei those corrections. As per Mr. Paul's direction, 1 am writing this Formal Letter of Request for a Waiver of all prior fines and liens that wen to this property, which were there when we bought the property and were not as a result of anything we did since pure! existence of those prior liens and fines create an extreme burden and render the property unusable. Please acknowledge this Formal Request for Waiver of Fines and Liens and the final determinations at your earliest ct would like to proceed as soon as possible with improvements to the property. Respectfully submitted Michael and Norhapisah Wager . a) Original Message— 7 From: as<ratcfiffchimney@_aal.com> To: michaelweger28 <michaelweger28(d?.aol.com> Sent: Fri, Jun 3, 2016 10:03 am Subject: inspection tri cn a) Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity Instead,contact this office by telephone or in writing n a) w a) tz U, 12 cC S a) E .z U a-' w 4 Packet Pg. 612