Agenda 10/25/2016 Item #16A21 16.A.21 ..
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$132,800.78 for payment of $2,550.78 in the code enforcement action entitled Board of County
Commissioners v. Bernard A. Losching, Est., Code Enforcement Board Case No.
CEPM20140022483 relating to property located at 13102 Pond Apple Drive West, 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$132,800.78 for payment of$2,550.78 in relation to the Code
Enforcement Board Case No. CEPM20140022483.
CONSIDERATIONS: As a result of a code violation at 13102 Pond Apple Drive West, consisting of a
vacant unsecured dwelling with pool water violation, roof damage, and ceiling damage on the lanai. The
Code Enforcement Board ordered the imposition of a lien against Bernard A. Losching Est., in Case No.
CEPM20140022483. The lien was recorded in the Official Records on July 15,2015, at O.R. Book 5174,
Page 3479. The lien amount of $132,800.78 is based on 521 days of accrued fines, for order item B
($250 per day from April 7, 2015 through September 8, 2016), plus $2,320.20 abatement costs and
$230.58 operational costs. The property was brought into compliance on September 8,2016.
The property was acquired by Chad Kocses,via special warranty deed on July 20,2016.
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
within 30 days. After purchasing the property,Mr. Kocses signed a contract with a demolition contractor
and obtained a permit as quickly as possible. He diligently worked to get the property into compliance.
There were scheduling conflicts with the homeowners association which delayed the project, and the
house was finally demolished on August 25"'- 31". It took substantial amounts of time and money with
extensive follow up,permit fees, and inspections to come into compliance. There are currently no known
violations.
FISCAL IMPACT: Payment of$2,550.78 in settlement of fines has been made, representing $2,320.20
in abatement costs and $230.58 in operational costs. If approved by the Board, accrued fines in the
amount of$130,250 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$130,250, accept payment in the amount
of$2,550.78, 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
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16.A.21
10/25/2016
ATTACHMENT(S)
1. Release and Satisfaction-KN signed(1) (PDF)
2.Lien Order (PDF)
3.Hardship letter (PDF)
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16.A.21
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of$132,800.78 for payment of$2,550.78 in the code enforcement action entitled Board of
County Commissioners v. Bernard A. Losching, Est., Code Enforcement Board Case No.
CEPM20140022483 relating to property located at 13102 Pond Apple Drive W,Collier County,Florida.
Meeting Date: 10/25/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
09/21/2016 12:57 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
09/21/2016 12:57 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/27/2016 3:17 PM
Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 4:08 PM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 4:39 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 09/27/2016 4:46 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/28/2016 4:08 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/29/2016 2:06 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 4:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/30/2016 8:49 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 1:27 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 1:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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16.A.21.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
personal property owned by:
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Bernard A. Losching, Est.,
Respondent
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The lien was recorded on July 15, 2015, in Official Records Book 5174, Page 3479, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
hundred thirty two thousand eight hundred dollars and seventy eight cents ($132,800.78), plus V
accrued interest and penalties, if any, and imposes certain obligations against real property
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 Y
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
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The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien 173
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS c'
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By: ce
Deputy Clerk Donna Fiala, Chairman
Date: Date: E
Y
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 5149025 OR 5174 PG 3479 RECORDED 7/15/2015 4:03 PM PAGES 2 16.A.21.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REL $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20140022483
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
BERNARD A.LOSCHING EST, m
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Respondent. -6
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ORDSTHE SPECIAL I HATE r
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OSING FINES/LIE
THIS CAUSE came b for the Spec ,NI tray for tblic\hearing upon the Petitioner's o
Motion for Imposition of Fines/ ier1• oar 4 5` , • s t' c\Mal$istrate,having heard argument o
respective to all appropriate attel , F ere p n ss s • t , nips pf Fact and Order of the Special
Magistrate,as follows: (\ _.) . •_ ', -. i;.-.,i c)
'\', ,\ FINDINGS OF I/y`�� -T ; /,,-„`:-I", `
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1. On March 6,2015,Respon t •.found guilty of vi �td'f Collier County Code of Laws and p`
Ordinances,Chapter 22, Articl l' i n..'231(12)(c),22-231(12)(p),and 22- m
242 for a vacant unsecured dwellin tqapea.0 r-violation,roof damage,and ceiling damage J
on the lanai,which violation occurred on the property located at 13102 Pond Apple Drive W,
Naples,FL,Folio#68641040005(Legal Description: QUAIL CREEK UNIT 2 SLK F LOT 13). m
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or cc)
before April 6,2015,or a fine of$250.00 per day would be assessed for each day the violations cts
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5134, Q
PG 1872).
3. Operational costs of$115.55 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
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*** OR 5174 PG 3480 ***
16.A.21.b
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No. 2007-44,as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 60 days for the period from
April 7,2015 to June 5,2015,for a total amount of fines of$15,000.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.55.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$115.03. c
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E. Respondent shall pay the pool abatement costs incurred by the County in the amount of o
$2,320.20.
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F. Respondent is ordered topayfi es ryia ts'irrth unt of$17,550.78 or be subject to ii
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Notice of Assessment of Lier gayii i all properties ow „1}iy'espondent in Collier County, ce
Florida. , .,°' _ �\ di
G. The daily fine of$250,0,0 sh0ll con 'nu atk-tic _ant I abateri\ent has been confirmed by a
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Collier County Code E fordnte,t tt a ? .`\ l V/ \ l
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Stateprl-!1 ONE AND ORDERED this e day of d�4''< ,2015 rfittyillier County,Florida. N
CountypfdOLLlER . , ,••' ',o')
I HEBY CERT lFl THaT Ibis is a true and
�\\(:),,,;:;7,, COLLIER C T`Y CODE ENFORCEMENT 0
• t�!n" Py of a document an file inO
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Bo r l inutes.and e orda:r3f Collier County ` ., :r c
wale:ss my h nd- ,'.otf+cial seales ~....'!,_......:_r
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.ECOURTSE
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DWIGHT E.BR%K, LER •0
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folALIA, D.C. :•ENDA C.GARRETSON °
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AYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone #
(239) 252-2440, or www.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent—Bernard A.Losching Est
Collier Co. Code Enforcement Division
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INSTR 5101319 OR 5134 PG 1872 RECORDED 3/31/2015 12:06 PM PAGES 3 16.A.21.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 527.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-CEPM20140022483
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
BERNARD A.LOSCIIING EST, _
Cl,
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Respondent, o
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ORDER CfirvI� ISTRATE
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THIS CAUSE came on fo 'iib hearing before the Sp i gistrate on March 6, 2015, and 6
the Special Magistrate, having lead! under Oath, ive evidence and heard argument c
respective to all appropriate nyatters, h i_esit'�1pinding l of-Fact and Order of the Special
Magistrate,as follows: i I �,--.- - 7A, � N
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1. Respondent,Bernard '40 hing Est,is the ownf tbe sjititet property. o
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2. Respondent was notified fie_ to of hearing by cerhnil and posting and the Special L
Magistrate has jurisdiction o l " er. ,r �,, r" 0
3. Respondent,having been duly notiett;i .not-appear at the public hearing. 71
ca.:
4. The real property located at 13102 Pond Apple Drive W,Naples,Florida,Folio#68641040005 a'
(Legal Description:QUAIL CREEK UNIT 2 BLK F LOT 13),is in violation of Collier County c
Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-231(15),22-231(12)(c),22- as
231(l2)(p)and 22-242,in the following particulars: 4
Vacant unsecured dwelling with pool water violation,roof damage,and ceiling damage on the lanai.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22,Article VI, Section 22-231 (15),22-231(12Xc),22-231(12)(p)and 22-242.
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OR 5134 PG 1873
16.A.21.b
B. Respondent is ordered to abate the violations by:
1. Chemically treating the pool water killing the algae growth and maintaining the
filtration system to keep the pool water clean,and provide bi-weekly treatments;OR
Chemically treating the pool water,killing the algae growth and covering the pool to
prevent safety hazards,insect infestations,and the intrusion of rain water.
2. Obtaining all required Collier County Building Permits or Demolition Permit,
inspections,and Certificate of Completion/Occupancy for the repair of the damaged roof
and ceiling.
3. Securing all exterior doors and windows to prevent unauthorized entry to the structure.
C. If Respondent fails to comply with this Order on or before April 6,2015,a fine of$250.00 per
day will be imposed for each day the violation remains thereafter.
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D. In the event Respondent fails to comply with the entirety of this Order,the Collier County Code
Enforcement Department may partially or fully abate the violation using any method to bring the o
violation into compliance. If necessary.,,tlac-eountyjpay request the services of the Collier N
County Sheriff's Office for theItilfilies l roperty for abatement. All costs of aro,
abatement shall be assessed a Property. �.4?Nit1 IS
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E. Respondent is ordered to y�osts for Ileprosc,ut oto of this case in the amount of c
$115.55 on or before A,kril ,2015?---%. \ \ a
F. Respondent shall noti the o ei fo cnt h'1 � r tb{ Jdhn(onnettai. ,within 24 hours of —J
abatement or complian a a it c r4�maye rued to confirm compliance.
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DONE AND ORDERED this ' day of ,2015,hi$lullier County,Florida.
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104,phone#
(239) 252-2440, or www.colliergov.net. Any release of lien or confirmation of compliance or
confirmation of the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party.may appeal a final order of the Special Magistrate 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 the original hearing. It is the
responsibility of-the appealing,party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing-an Appeal will nottautomatically stay the Special Magistrate's Order.
cc. ReSiOndent(s)-Bernard A.Losching Est
Collier Co.Code Enforcement Dept.
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16.A.21.b
*** OR 5134 PG 1874 ***
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16.A.21.c
September 8,2016
Collier County Board of Commissioners
3299 Tamiaxni Trail East,Suite 303
Naples,FL 34112
Re: 13102 Pond Apple,Naples,Florida 34119
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Dear Collier County Board of Commissioners:
J
I recently purchased the property located at 13102 Pond Apple,Naples, Florida 34119 on July N
18, 2016. I understand that there were code violations relating to the property caused by the prior
owner. On the same day I purchased the property, I immediately signed a contract for demolition of
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the existing structure on July 18,2016.
My demolition contractor submitted for a demolition permit on July 29, 2016. All of this
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occurred within thirty(30)days of my closing on the property. I used diligent efforts to obtain a permit
for demolition as quickly as possible after I closed on the house. The demolition permit was issued
by Collier County on August 10, 2016. Once the demolition permit was issued, my contractor
coordinated demolition of the home with the homeowner's association at the earliest date possible on
their schedule. The house was demolished on August 25th-31'and the County conducted the final
inspection on September 8,2016.
• I believe it would be a hardship to penalize me when I worked as quickly as I could to sign a
contract with the demolition contractor, obtain the permit and demolish the house to cure any
violation& I did not cause the violations to occur and worked as quickly as possible to correct the
problems by demolishing the house.
E
Due to the facts described above, l believe it is fair and equitable that I only pay the hard costs
incurred by the County equal to $2,550.78, and am not penalized by being required to pay a per day Q
penalty for the prior homeowner's failures.
Since
Kocses
23 , V-C' -11C,L
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