Agenda 09/13/2016 R Item #16A20 16.A.20
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$75,198.10 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. Jose Pineda, Code Enforcement Board Case No. 2006070815 relating to property
located at 3585 33rd 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 $75,198.10 for payment of $1,000 in relation to the Code
Enforcement Board Case No. 2006070815.
CONSIDERATIONS: As a result of a code violation at 3585 33' Avenue NE, consisting of vegetation
removed on an undeveloped property without obtaining the proper required Collier County permits, the
Code Enforcement Board ordered the imposition of a lien against Jose Pineda, in Case No. 2006070815.
The lien was recorded in the Official Records on May 30, 2008, at O.R. Book 4365, Page 1502. The lien
amount of$75,198.10 is based on 196 days of accrued fines, for order item 1 and 4 ($200 per day from
March 15, 2008 through September 27, 2008) and 178 days of accrued fines, for order item 2 and 5 ($200
per day from March 31, 2008 through September 25, 2008) plus $398.10 in operational costs. The
property was brought into compliance on September 27,2008.
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 $1,000 in settlement of fines. The owner is requesting a waiver of$74,198.10 in accrued fines,
see attached hardship letter as required.
FISCAL IMPACT: Payment of$1,000 in settlement of fines has been made, representing $601.90 in
fines and $398.10 operational costs. If approved by the Board, accrued fines in the amount of$74,198.10
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$74,198.10, accept payment amount of
$1,000, 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 Division, Growth Management
Department
[16-CED-01154/1270802/1]
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16.A.20
09/13/2016
ATTACHMENT(S)
1.Release and Satisfaction-KN signed (PDF)
2.Lien Order (PDF)
3.Hardship Letter(PDF)
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16.A.20
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $75,198.10 for payment of $1,000 in the code enforcement action entitled Board of
County Commissioners v. Jose Pineda, Code Enforcement Board Case No. 2006070815 relating to
property located at 3585 33rd Avenue NE, Collier County,Florida.
Meeting Date: 09/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
07/22/2016 2:36 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
07/22/2016 2:36 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/27/2016 3:16 PM
Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 08/10/2016 4:39 PM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 08/10/2016 4:41 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/11/2016 2:41 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/15/2016 8:32 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:45 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:54 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 9:20 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 10:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.20.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
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 N
personal property owned by:
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Jose Pineda,
Respondent 0
The lien was recorded on May 30, 2008, in Official Records Book 4365, Page 1502, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventy five thousand one hundred ninety eight dollars and ten cents ($75,198.10), plus :°
accrued interest and penalties, if any, and imposes certain obligations against real property -p
situated in Collier County, Florida.
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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. Q
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.
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ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA N
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By: By:
Deputy Clerk Donna Fiala, Chairman
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Date: Date:
Approved as to form and legality
7/ 7/2)
Kevin Noell
Assistant County Attorney
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411114U OR: 4jb5 PG: 16 A 20.b
RECORDED in OFFICIAL RECORDS of COLLIER t.uuni,, It,
05/30/2008 at 09:42AM DWIGHT E. BROCK, CLERK
RIC FEE 18
CODE ENFORCEMENT BOARD Retn:
COLLIER COUNTY, FLORIDA COLLIER COUNTY CODE EIfFORCElIBA
BENDISA KARKU OPER COORDINATOR
INTEROFFICE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2006070815
\s.
JOSE PINEDA,
Respondent
ORDER IMPOSING FINE/LIEN
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THIS CAUSE came on for public hearing before the Board on February 28,2008,after due notice to
3
Respondent at which time the Board heard testimony- wl9r— tft;..Teeei,ved evidence, and issued its Findings of Fact ai
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and Conclusions of Law and thereupon !sweet:gra Order which'waskreiuccd to writing on March 4,2008 and 13
furnished to Respondent and was recopied its the-Pubhis.Records of Collier'Co untycs
, Florida at OR 4336, PG 2740. cis
et. seq.on March 7,2008. 1 / \---Th
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An Affidavit of Non-Complian 1e h s been le wil t oar ay ttte Code Enforcement Official on April a
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28, 2008,which Affidavit certified updtryath that the required caRectivelactidri a:;not been taken as ordered. L
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Accordingly, it having been br rr g to the Board's attent A'qh t D'es'pondent has not complied with the p
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Order dated March 4, 2008, it is hereby ..v f "vo
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ORDERED,that the Respondent, Jose Pined � _t 1 �iIrt:`r Count fines in the amount of$6,800 for the
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period of March 15, 2008 through April 18, 2008(34 days)at a rate of$200 per day(Order Item#1 and#4),plus u
S3,600 for the period of March 31, 2008 through April 18,2008(18 days)at a rate of$200 per day(Order Item#2 Q
and#5).plus S398.10 for the operational costs incurred in the prosecution of this case for a total of$10,798.10.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
1•lorida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de nova,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
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*** OR. 4365 PG: 15( 16.A.20.b
This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this L,,'`' uay of (Awl, 2008 at Collier County, Florida .
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY: ;At �...c /
Gerald Lefebvre, air ��
2800 North Horseshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
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COUNTY OF COLLIER) m
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The foregoing instrument was acknowleke� ,b,�fo -�1 Ys day of ' — f 2008,by Gerald a>
Lefebvre,C it of the Code Enforcement Bps d ler i ,I rt who is
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me or who has produced a Florida Sr;Jel License as idents scat
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I HEREBY CERTIFY thaty rf and correct copy of th" ,ORD R has'$e n sent by U. S. Mail to L
Jose A, Pineda,3730 7th Avenue N. F 4ples, FL 34120 this ay6 , 2008. m
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M.Jea awson,Esq. E
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300 Q
Naples, Florida 34102
(239) 263-8206
Burs of FLORWA
Lainsy ct COLLIER
I HEREBY CERTI^t THAT this Is a true an.
lorreat copy of a Coc ument*Vile in
Beard Minutes and Wim'et Cather County
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16.A.20.c
RATER LAW FIRM P,A
Fitzgerald A.Frater Admitted in Florida,New York&New Jersey
2375 Tamiami Trail North,Suite 210
Naples,Florida 34103
Telephone(239)649-0595 •Fax(239)261-7908
June 2, 2016
Via Regular U.S. Mail and Email
Lliana Burgos
Operations Supervisor
Collier County Growth Management Dept.
Code Enforcement Division
2800 N. Horseshoe Dr.
Naples, Florida 34104
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Re: CCBCC v. Pineda a
Case No.: CEB2006070815
Folio No.: 40010800001
Property: 3585 33rd Ave.,NE,Naples, FL
Dear Ms. Burgos:
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On March 4, 2008, and pursuant to findings of fact, conclusions of law and order of the Board,
the Code Enforcement Board of Collier County, Florida found certain violations to have
occurred on the above referenced real property. A copy of the Findings of Fact, Conclusions of
Law and Order of the Board is enclosed as Exhibit "1". The March 4, 2008 order mandated Mr.
Pineda as owner of the property to correct the violations as per the order. In the event compliance
was not achieved by the pertinent dates set forth in the order, fines as specified in the order
would be imposed from stated dates until abatement. s
On May 28, 2008, an order imposing fine/lien was entered against Mr. Pineda in the matter. A
copy of the order in enclosed as Exhibit "2". Mr. Pineda, since on or about September 27, 2008 f
corrected/abated the violation which had resulted in the fine/lien. Please see affidavit of
compliance dated May 31, 2011 by Ms. Jen Baker, Code Enforcement Official for the Code
Enforcement Board of Collier County enclosed as Exhibit"3".
As of April 25, 2016, it is understood the Board's lien amount totals $75,198.10. Please see data
sheet provided by Shelley England enclosed as Exhibit"4".
Mr. Pineda is respectfully requesting a reduction of the fine and hereby offers to immediately
pay the sum of$1,000.00 to the Collier County Board of County Commissioners ("CCBCC") to
satisfy the lien. Mr. Pineda requests the reduction of the fine because it would be a severe
hardship for him to pay $75,198.00. Mr. Pineda is gainfully employed as a roofer with Pineda
Bros of Collier Inc., however, he presently does not have adequate funds to absorb the fine. Mr.
Pineda currently receives a base weekly wage of $400.00 plus a further $1,000 to $1,200 per
week if revenue flow permits. See attached Exhibit "5". Mr. Pineda is the main income earner
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16.A.20.c
Letter to Ms.Burgos
June 2,2016
P a g c (2
for his family and has obligations including, monthly home mortgage payment of approximately
$3,150, and monthly utilities and maintenance of approximately$700.00.
Mr. Pineda's proposed payment to the CCBCC exceeds the County's operational costs of
$398.10 thereby ensuring that the tax payers of Collier County do not suffer any loss in this
matter. Importantly also, Mr. Pineda fully corrected the violation. Approximately $6,610.90 was
expended to procure materials and the assistance of qualified environmental expert(s) to effect
the required corrective actions. Please see the enclosed invoices and cancelled checks attached as
Composite Exhibit "6".
Mr. Pineda's failure to pay the fine before now resulted from oversight and misunderstanding.
Mr. Pineda apparently believed that by correcting the violation, the fine(s) would be eliminated
without further action. That was unfortunate. Mr. Pineda does not have a history of violations
and very much wants to have this matter closed. As stated above, Mr. Pineda is prepared to pay
the offered sum ($1,000.00) immediately to satisfy the lien upon approval of the reduction by the
CCBCC. Mr. Pineda desires to bring this matter to a close as soon as possible.
On behalf of Mr. Pineda, I thank you kindly for your consideration of his request for a reduction
of the fine. Please note that I will make any necessary arrangements to appear before the Board
of Commissioners or such other duly constituted body at the earliest possible date with respect to ti
this matter. I will, however, be unavailable throughout August and September 2016 due to prior
commitments both in and out of state. L-
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Respectfully, E
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Fitzgerald A. Frater
For the Firm
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FAF/nb
Enclosures
Cc: Jose Pineda
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