Agenda 12/13/2016 Item #16A17 16.A.17
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$35,028.21 for payment of $328.21 in the code enforcement action entitled Board of County
Commissioners v. Daniela F. Suarez. Code Enforcement Board Case No. CEEX20130011469
relating to property located at 1031 19th Street SW,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 $35,028.21 for payment of $328.21 in relation to the Code
Enforcement Board Case No. CEEX20130011469.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Daniela F.
Suarez, (Case No. CEEX20130011469) for code violations at 1031 19th Street SW, for litter on the right-
of-way consisting of sheet rock. The lien was recorded in the Official Records on December 20, 2013, at
O.R. Book 4994, Page 1903. The lien amount of$35,028.21 is based on 347 days of accrued fines, for
order item B ($100 per day from September 21, 2013 through September 2, 2014) $34,700; order item E,
$250 previously assessed fine and operational/abatement costs in the amount of$78.21. The property
was brought into compliance on September 2,2014.
The property was acquired by Como Ventures, LLC, via General Warranty Deed recorded on August 30,
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. There are currently no known violations.
FISCAL IMPACT: Payment of$328.21 in settlement of fines has been made, representing $250 in a
previously assessed fine, $60 in operational costs and $18.21 in abatement costs. If approved by the
Board, accrued fines in the amount of$34,700 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$34,700, accept payment in the amount of
$328.21, 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(5) (PDF)
2. Lien Order (PDF)
Packet Pg. 596
16.A.17
12/13/2016
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $35,028.21 for payment of $328.21 in the code enforcement action entitled Board of
County Commissioners v. Daniela F. Suarez. Code Enforcement Board Case No. CEEX20130011469
relating to property located at 1031 19th Street SW, Collier County, Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
10/26/2016 8:49 AM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
10/26/2016 8:49 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/26/2016 9:25 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/26/2016 11:18 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/28/2016 8:29 AM
Growth Management Department James French Additional Reviewer Completed 10/31/2016 10:42 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:11 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/08/2016 9:24 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2016 10:15 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/09/2016 4:51 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2016 8:21 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg. 597
16.A.17.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 0
personal property owned by:
Daniela F. Suarez,
Respondent
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The lien was recorded on December 20, 2013, in Official Records Book 4994, Page 1903, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
thirty five thousand twenty eight dollars twenty one cents ($35,028.21), plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in Collier in
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.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA co
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By: By: c�
Deputy Clerk Donna Fiala, Chairman
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Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Packet Pg. 598
INSTR 4926846 OR 4994 PG 1903 RECORDED 12/20/2013 4:19 PM PAGES 2 16.A.17.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.PU4545-CEEX20130011469
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DANIELA F.SUAREZ,
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Respondent. 1.71
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ORDER : ,I FE" PE Ir ,STRATE
/ '.s it OSING FINES/L `1 tr
THIS CAUSE came befori thea tial Ma isfrate for ublip hearing upon the Petitioner's
Motion for Imposition of Fin's/Lier s--__ 3D .fi,- e SSecial Magistrate, having heard
argument respective to all ap rojatb r tefs,'th e u' is u j Findings of Fact and Order of the
Special Magistrate,as follows .) pI - N
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1. Csa
'mow FINDINGS OF'TCT f
1. On September 6,2013,R' ` ortdent was found guilty bf Qla'lion of Collier County Ordinance 0
'
2005-44,Section 6 and 7,for,19 9 Qn right of way con 'i�of sheet rock,which violation
occurred on the property located at' i.9 -_. aples,FL Folio#45907320000(Legal J
Description:Golden Gate Est Unit 494:1,47:70, i 50FT of TR 75). ..
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before September 20,2013,or a fine of$100.00 per day would be assessed for each day the -�
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 4966,PG 2072).
3. Operational costs of$55.00 incurred by the County in the prosecution of this case were ordered to
be paid.
4. Administrative fee of$5.00 was ordered to be paid.
5. The fine imposed by Collier County Ordinance of$250.00 was ordered to be paid.
6. 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.
7. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
8. The violation has not abated as of the date of the hearing.
Packet Pg. 599
*** OR 4994 PG 1904 ***
16.A.17.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.2010-04,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$100.00 per day are assessed against Respondent for 77 days for the period from
September 21,2013 to December 6,2013,for a total amount of fines of$7,700.00.
C. Respondent shall pay the previously assessed operational costs of$55.00.
D. Respondent shall pay the previously assessed administrative fee of$5.00.
E. Respondent shall pay the previously assessed fine of$250.00. a)
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F. Respondent is ordered to pay fines and..co is int-the,total amount of$8.010.00 or be subject to 6
Notice of Assessment of Lien a ai st; j11 ; o i� o ed by Respondent in Collier County, y
Florida. r.-...‘,...>--- _. \ tu
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G. The daily fine of$100.0 Yshal'continue,.to accrue until abatement has been confirmed by a hi'Collier County Public litilit es I.• ,- •at`OF---J%, \ \� I'
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ONE AND ORDERED this 'r rda\Yiti/it i�� i r,'$Itt C.11ier County,Florida. rn
State ol'Flori � i ;,,,, •, ••�
County of COLLIER ! i �"
4 , ' ,t "fi�•.._ t :•. R ODE ENFORCEMENT N
I HERE EgtrP( VAT this is a true and \'',...,,,\ SPEC ,MAGI,0 TE L
correEl Fogy of-,documunf on file in \✓. ` -Tsr- (rl,;,�,,f -°'a
Board Minutes and'l�ecoras of Collier County '\ .. \ • 7. tf
WI,t4ESS r<ty hand' ofl[ial seal this \,(}N. ' O
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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, fax#
(239) 252-2343. 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—Daniela F.Suarez
Collier Co.Code Enforcement Dept.
Packet Pg.;600
INSTR 4891661 OR 4966 PG 2072 RECORDED 9/18/2013 11:46 AM PAGES 2 16.A.17.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—PU4545-CEEX20I30011469
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs. c
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DANIELA F.SUAREZ, J
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Respondent. '•,, 0
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01,e)ER'llpF-T--#F,PECI AL MAGISTTE N
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THIS CAUSE camlion ttplibIic t e,c4 M istrate on September 6,2013, ca
and the Special Magistrate, vin dr m n Ires' ti to a n •ate ate matters,hereupon issues ,
its Findings of Fact and Orde of e 4pee 1 ais ate i" olw' }, 1
P"••4\ ::- \':.__� r :-", {4.rya. v
t'\:":4\j')\ FINDINGS OF',,,s-
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1. The citation was issued . Hier County Public y'-', 'e t"ivcstigator,Alberto Sanchez who 0
e fiarez,wasgiven proper notice,but =
has requested the hearing. R`S ndent,-DartiTel\'> p pc
did not appear at the public hears a'; ` .. ,. J
2. Respondent is charged with violating Collier County Code of Law&Ordinances 2005-44, aa)
Section 6 and 7,for litter on right of way consisting of sheet rock. E
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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. 2010-04, it is hereby
ORDERED:
A. Respondent is found guilty of violating Collier County Code of Law&Ordinances 2005-44,
Section 6 and 7.
B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the
amount of$55.00.
C. Respondent is ordered to pay the administrative fce incurred in prosecuting this case in the
amount of$5.00.
Packet Pg. 601
*** oR 4966 PG 2073 ***
16.A.17.b
D. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in the
amount of$250.00.
E. Respondent is ordered to pay in total$310.00 on or before September 20,2013.
F. Respondent is further ordered to abate the violation by removing all litter to a site intended
for final disposal on or before September 20,20I3,or a fine of$I00.00 per day will be
imposed for each day the violation remains thereafter.
DONE AND ORDERED this OLday of5(�1., ,2013 at Collier County,Florida.
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PAYMENT OF FINES: \4117s ordered to be p+afd..p to this order may be paid at the 'a
Collier County Code Enforcement. ertment, 2800 North,,i-tori;es ,e Drive,Naples, FL 34104, fax # 0
(239) 252-2343. Any release of lienor eor n..o.f.eo' iplA pe or confirmation of the satisfaction of m
the obligations of'this order mayalso be ob ai+'r
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APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit E
Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing c=i
de novo, but shall be limited to appellate review of the record created within the original hearing. It is f°
the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of ::-.I
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent—Daniela F.Suarez,
Collier Co.Code Enforcement Dept.
State of Florida
County of COWER
i HEREBY,L1Y.ff-f ,}ins is a true and
correct c6�y.of a rn>rit do ille in
9oard i+uits nd't� �dtd .of-potlier County
WITNESS`S myth' d andicia(�seai this
at:bay of r 2013
IVv'IG41T` .-QROC .CLE'ffi�OF COURTS
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