Agenda 11/15/2016 Item #16A15 16.A.15
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$358,881.43 for payment of $1,814.43 in the code enforcement action entitled Board of County
Commissioners v. Bruce Lamchick, Tr., Code Enforcement Board Case No. CESD20100022396
relating to property located at 4320 62'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 $358,881.43 for payment of $1,814.43 in relation to Code
Enforcement Board Case No. CESD20100022396.
CONSIDERATIONS: As a result of a code violation at 4320 62T'd Avenue, NE, consisting of an
incomplete single family home with an expired building permit, #2005092527. The Code Enforcement
Board ordered the imposition of a lien against Bruce Lamchick, Tr., in Case No. CESD20100022396.
The lien was recorded in the Official Records on November 8, 2011, at O.R. Book 4734, Page 2515. The
lien amount of$358,881.43 is based on 1,794 days of accrued fines, for order item 1 and 2 ($200 per day
from September 25, 2011 through August 22, 2016) plus $81.43 in operational costs. The property was
brought into compliance on August 22,2016.
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.
Ms. Dayana Cordova took title to this property with uncorrected code violation,via general warranty deed
on September 25, 2015. Ms. Cordova immediately re-applied for construction permits; unfortunately, she
was not able to finish within the 30 day time frame. There were many obstacles; the electrical had to be
replaced, the plumbing had to be re-done,the air conditioning units had to be replaced, and the efficiency
calculations had to be recalculated in order to be up-to-date with County Code. It took extensive amounts
of time and money with extended follow up, permit fees, inspections, and re-inspections to come into
compliance. There are currently no known violations. See attached hardship letter as required.
FISCAL IMPACT: Payment of$1,814.43 in settlement of fines has been made, representing $1,733 in
fines and $81.43 in operational costs. If approved by the Board,accrued fines in the amount of$357,067
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$357,067, accept payment in the amount
of$1,814.43, 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(3) (PDF)
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16.A.15
11/15/2016
2.Lien Order (PDF)
3.Hardship ltr (PDF)
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16.A.15
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of$358,881.43 for payment of$1,814.43 in the code enforcement action entitled Board of
County Commissioners v. Bruce Lamchick, Tr., Code Enforcement Board Case No. CESD20100022396
relating to property located at 4320 62nd Avenue,NE,Collier County,Florida.
Meeting Date: 11/15/2016
Prepared by:
Title:Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
10/10/2016 2:16 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
10/10/2016 2:16 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/10/2016 2:22 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/10/2016 3:44 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 4:00 PM
Growth Management Department James French Additional Reviewer Completed 10/13/2016 5:26 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 3:56 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/28/2016 1:36 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2016 2:18 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/28/2016 3:08 PM
Budget and Management Office Mark lsackson Additional Reviewer Completed 10/31/2016 11:35 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.A.15.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
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KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS v
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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Bruce Lamchick, Tr.,
Respondent
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The lien was recorded on November 8, 2011, in Official Records Book 4734, Page 2515, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of three
hundred fifty eight thousand eight hundred eighty one dollars and forty three cents
($358,881.43), plus 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 z
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
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
::IGHT
E. BROCK, Clerk COLLIER COUNTY, FLORIDA c
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By:
Deputy Clerk Donna Fiala, Chairman
Date: Date: E
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Approved as to form and legality
•>1/7/
Kevin Noell
Assistant County Attorney
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INSTR 4624530 OR 4734 PG 2515 RECORDED 11/8/2011 2:37 PM PAGES 2 16.A.15.b
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, CESD20100022396
vs.
BRUCE LAMCHICK,TR.
Respondent
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ORDER IMPOSING FINFJLIEN C
THIS CAUSE came on for public hearing beforetlae_Board on August 25,2011,after due notice to a>
Respondent at which time the Board heard testimsf.T 1 ii l e :• peeeived evidence,and issued its Findings of Fact too
and Conclusions of Law and thereupon iss td' ttto .r 'Ki r w. 4��''t,',duced to writing on August 29,2011 and
furnished to Respondent and was record4(p e-Public Records of anr7rcounty,Florida at OR 47I8,PG 2043, re
on September 13,2011 and furnishedxo ndent. \• \ Y
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An Affidavit of Non-Com tan h,,.:"-_1---btrdwitlttl 1�ioard b the ode Enforcement Official on IE
October 13,2011,which Affidavit, erti ted unde ,ths3�thc req rred cor1ective action has not been taken as E
ordered. ; ? '~�4� fr 4 s� `f ' J
Accordingly,it having been btpu ltt to eiBtsarc'l at`ts{erttion, a e onilent has not complied with the
Order dated August 29,2011,it is terelSy' -. \,..:',2..../ ,' ti
ORDERED,that the Resp lltc t,Bruce Lamchick,TR: ay to'Coliie ounty fines in the amount of
$6,600(Order Item 1 and 2)for the of September 25,2011'1osig1},(ctober 27,2011(33 days)at$200 per L
day plus$81.43 operational costs incuior,the imposition of fines',-f$t'�tQt�l of$6,681.43.
IT IS FURTHER ORDERED that fiife , o .�•(aJis shall continue to accrue until Respondent =
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comes into compliance or until Judgment is rendtredit ~foreclose on a lien filed pursuant to Section 162.09 `
Florida Statutes. ;s
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Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of m
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate c
review of the record created within. Filing an Appeal shall not stay the Board's Order. Li'
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against Q
the property as described and/or any other real or personal property owned by Respondents.
DONE AND ORDERED this..2.1)v) day of tic)v • ,2011 at Collier County,Florida.
C0 : •' ENTtOARD
COLLI ' 0l ,FL e' DA
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*** OR 4734 PG 2516 *** 16.A.15.b
STATE OF FLORIDA )
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COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 2.1-1)dayof 10UJellA6 ,2011,by Robert
Kaufman,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally
known to me or /who has rode ed a Florida Driver's Lice se as identification.
�,,,,,., KRISTINE TWENTE v,,A. 1.i�:.f'll."Ciw
+D, °�r t Notary Public•State of Florida NOTARY PUBLIC
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I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Bruce J
Lamchick TR,9200 S.Dadeland Blvd.,Ste.518,Miami,FL 33156 this 2`''-, day of Dov . ,2011. c
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INSTR 4605975 OR 4718 PG 2043 RECORDED 9/13/2011 2:09 PM PAGES 2 16.A.15.b
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, CESD20100022396
vs.
BRUCE LAMCHICK,TR.
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Respondent •
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OF ORDER OF T :i, • ,
THIS CAUSE came on for public heating fore the B06rsLatl_Augu,st 25,2 11,a id the Board,having heard
testimony under oath,received evide(ce, d hti-r pectiv,ey�to all proprta(e mItters,thereupon issues its
Findings of Fact,Conclusions of Law,an atrc a fel ,1 t • <a
I. That Bruce Lamchick,TR.E s th�ji`o.�ti rrer_ t14 stibj c 'eiperty
2. That the Code Enforcement o has jurisdiction of the rsonf the R yondent and that the
Respondent,having been duly notifie a 'd to appear at the pub* am gy/,-y i
3. That the Respondent was notife of,,the4ate of hearing by ce.i ted rtteil and by posting. p
4. That the real property located at 4320152"a1A(f yfN.F; ,34IeS,-FL 34120,Folio 38726920009,more
particularly described as West 180'of Tract 87,GOLDEN-GAT-E'ESTATES UNIT NO.40,according to the plat
thereof as recorded in Plat Book 7,Page 25,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 E
particulars:
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An incomplete single family home with expired permit#2005092527.
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 a Collier County Boarding Certificate prior to obtaining Collier County Building
Permit(s)or a Collier County Demolition permit.request all required inspections and obtain a Certificate of
Occupancy for structure within 30 days(September 24,2011).
2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 24,
•
2011,then there will be a fine of$200 per day for each day until the violation is abated.
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*** OR 4718 PG 2044 *** 16.A.15.b
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.
4. That if the Respondent fails 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 Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of 581.43 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. 0_
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DONE AND ORDERED this OC1`l1 day of a 1 •,2011 at Collier County,Florida. 6
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COUNTY OF COLLIER) r'`j �P 1 i t i I`--f r
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The foregoing instrument was acknot ; hd before me this( -1' •` if f i. rt.: •
2011,hy Kenneth Kelly,Chair of the d'bdb forcement Board of :10 •ttep"A Florida,who is
/ personally known to me or wbp'has produced a Florida Orbe ' icense as identification.
.• — _ KRISTINE TWENTE ` f " ct _
;p`��•t` Notary Public•State of Florida .T A t" # 3 L �� O
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I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Bruceco
Lamchick TR,9200 S.Dadeland Blvd.,Ste.518,Miami,FL 33156 this ?C.ida 7 of (�LtcL> -k ,2011. Q
M.Jean son,Esq. tl
Florida Bar No.750311
2375 North Tamiami Trail,Ste.208
Naples,Florida 34013 '
Stam 0: ;t.,i.i'tti)A (239)263 8206
:ounty of COW kk
I HEREBY CERTIFY THAT this Is a true any
:arrect,copy'or ao,o66tifitais on fire rn
Board Nr-intrtenti ros1 -Cplllet Counts
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�W T,,E.BRAIcK,CLERK Of COURTS
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1 6.A.1 5.c
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Dayana Cordova
2640 DeSoto Blvd. North
Naples FL 34120
(239) 455-2204 home
(239) 601-3757
daya0822@yahoo.com
September 27, 2016
CD
Collier County Board of Directors
Honorable Director of Code Enforcement Division
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Collier County, Florida a�
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RE: Code Enforced Lien on Property located at
4320 62nd Avenue NE
Naples FL 34120
My name is Dayana Cordova, and I am the current owner of the property referenced above. I a.
purchased this property on September 23, 2015. At the time I made this purchase the property
was in violation of Collier County building ordinances, and had a lien imposed for said violations.
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I immediately renewed the construction permits and started working on it, trying to finish the
house as soon as possible, and making it my primary residence.
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Unfortunately I was not able to finish within the time frame given, which was 30 days after I
acquired title on September 25, 2015. That was just 30 days to complete an abandoned
construction that needed lots of work, and that is an understatement! But in the process of
finishing this construction as new owner I had all my permits up to date, and complied with all
county inspections.
Unfortunately I encountered many obstacles and delays to finish this project. The hole house
existing electrical wiring had to be pulled out and re-done. Had to hire an electric company for
this job to be done. The air conditioning units had to be replaced, also had to hire
air-conditioning technicians for the installation of the new units.The efficiency calculations had
to be recalculated in order to be up to date with new County code. The plumbing also had to be
re-done. The septic tank had to be raised also to meet new County codes. A plumbing company
had to come out and do this.
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16.A.15.c
Dayana Cordova
Page 2
The weather was also not on our side. There were more rainy days than sunny days. This was
also a delay for the workers to finish their jobs. It was very hard for the plumbers to finish their
job raising the septic tank when what they had to work in was a big puddle of water. Even for
the ROW permit this was an issue.The rain kept coming down and the ditches were overflowing
with water. Also the roof had to be tiled, the rain was a delaying factor in completing this step.
This was all very time consuming. When you involve other people to finish or to do things for
you is not guaranteed that they'll do it in a timely fashion. Also these were not simple jobs! We
are not talking about replacing a hose or installing a fan! These jobs took time and lots of
money. Not to mention all the inside jobs, the tiling of the whole house, the kitchen, the
bathrooms, all the details, it was a big expense. Monetary speaking I spent more than I had . All
these complications put a strain on my budget, I had to ask friends and family for loans in order
to complete this project. I am in debt with them.
U
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A certificate of Occupancy was finally issued on August 22, 2016. This property is now officially
done. It is a Collier County tax paying property and is a beautiful finished home. This property is ,,
also my Homestead property. N
Please accept this letter as my humble petition in accordance with Resolution 2012-46,to waive a
and/or settle the code enforcement liens placed upon my property. I am aware of the fines that I LE
incurred as new owner and also of the fines that existed. As new owner of said property I find
that I complied with what was asked to be completed to the best of my abilities considering the
condition of the property and my budget. I am willing to pay operational costs incurred by the
county in the handling of this case and or any costs or payments made to inspectors, county E
employees and all involved.
I have been asked to make an offer to resolve this case, which after what I've spent (all my
savings) to bring this property to compliance seems not reasonable. This property was an
abandoned construction that was going to be demolished if I had not purchased it. I made it into
a tax paying property in a short amount of time. I am just not able to pay the complete amount
owed.
Per Resolution 2012-46, the fines for the current property owner is as follows: $60.481.43
[10/26/15 — 8/22/16 (302 days) x $200/day + $81.43 (operational cost)]. Being that I have to
make an offer, my offer is 3%of the fees I incurred as new owner, and that is$1,814.43.
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Dayana Cordova
Page 3
Thank you in advance for your attention to this matter. Hoping that this matter can be settled
and resolved as soon as possible. Please take into consideration all the information I've given
you when making your decision. I have been a Collier County resident since 2005.
If you needed additional information for the resolution of this case please contact me
immediately at the numbers and or email listed above.
S cerely
fi17)-)741
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�ayana Cor•:ca
Property Owner
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