Agenda 12/13/2016 Item #16A22 16.A.22
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$137,564.43 for payment of $1,000 in the code enforcement action entitled the Board of County
Commissioners v. Robert M. Griffin, Code Enforcement Board Case No. CESD20100002858,
relating to property located at 591 10th Avenue NW, 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$137,564.43 for payment in the amount of$1,000 in relation to
Code Enforcement Board Case No. CESD20100002858.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Robert M.
Griffin, Case No. CESD20100002858, for code violations at 591 10th Avenue NW, consisting of an
owner/builder single family home with an expired permit,No. 2002102777. The lien was recorded in the
Official Records on March 7, 2014, at O.R. Book 5014, Page 2191 and it encumbers all real property
owned by Mr. Griffin. The lien amount of$137,564.43 is based on 550 days of accrued fines, for order
items 1 and 2 ($250 per day from November 23, 2013 through May 26, 2015) plus $64.43 in unpaid
operational costs. The property was brought into compliance on May 26, 2015.
Mr. Griffin is a retired East Naples Fire Inspector. In discussing his hardship concerns with him, he
brought to our attention that he could not financially complete the house due to the downturn in the
economy. He further stated that the house was never occupied before there was a Certificate of
Occupancy. He fully recognizes that the Code Enforcement Board gave him many extensions, but was
unable to complete the project due to the economy and the financial crisis.
The official recorded Lien encumbers all real property owned by Mr. Griffin. On August 30, 2013, Mr.
Griffin's daughter, Lauren Blagg acquired an estate zoned residential lot from Mr. Griffin, located at 541
10th Avenue NW. Mrs. Blagg learned that there was a lien on the property she had acquired when she
was in the process of closing on a construction loan. Due to the lien she was unable to start the building
process and close on her loan. Mrs. Blagg has paid bills out of pocket that were to be included in her
construction loan(for environmental technicians in order to get the Florida DEP permits.)
Given the nature of the violations, Mr. Griffin worked diligently to resolve them. It took substantial
amounts of time and money with extensive follow up, permit fees, inspections, and re-inspections to
come into compliance. There are currently no known violations on any of the properties owned by the
respondent.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of a code enforcement lien 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. Mr. Griffin has been actively maintaining the
property and has paid $1,000 as a good faith settlement payment. Mr. Griffin is requesting the waiver of
$136,564.43 in accrued fines. See attached hardship letters(including Lauren Blagg's).
FISCAL IMPACT: Payment of$1,000 in the settlement of fines has been made, representing $935.57
in fines and $64.43 in operational costs. If approved by the Board, accrued fines in the amount of
$136,564.43 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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16.A.22
12/13/2016
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 $136,564.43, accept payment in the
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
ATTACHMENT(S)
1. Release and Satisfaction of Lien -KN signed (PDF)
2. Lien Order (PDF)
3. Hardship Letters (PDF)
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16.A.22
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $137,564.43 for payment of $1,000 in the code enforcement action entitled Board of
County Commissioners v. Robert M. Griffin, Code Enforcement Board Case No. CESD20100002858
relating to property located at 591 10th Avenue NW, Collier County,Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
11/08/2016 2:07 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
11/08/2016 2:07 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 11/08/2016 3:12 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 11/09/2016 8:57 AM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/09/2016 4:12 PM
Growth Management Department James French Additional Reviewer Completed 11/09/2016 5:20 PM
County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 11/10/2016 9:26 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/14/2016 5:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2016 7:59 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/16/2016 3:32 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2016 8:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/28/2016 9:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.A.22.a
--J
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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Robert M. Griffin, 47.
Respondent ca
The lien was recorded on March 7, 2014, in Official Records Book 5014, Page 2191, in the N
Official Records of Collier County, State of Florida. The lien secures the principal sum one
hundred thirty seven thousand five hundred sixty four dollars and forty three cents
($137,564.43), 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. o
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien 0
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
N
ATTEST BOARD OF COUNTY COMMISSIONERS cn
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
CTS
By: By:
Deputy Clerk Donna Fiala, Chairman cc
4-
Date: Date:
Approved as to form and legality
Kevin NoeII
Assistant County Attorney
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INSTR 4952482 OR 5014 PG 2191 RECORDED 3/7/2014 9:25 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.22.b
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.: CESD20100002858
vs.
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ROBERT GRIFFIN,
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Respondent
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THIS CAUSE came on for . b1,icXearing before the Boardo a"k; 19,2012,after due notice to
Respondent at which time the Boar l heayd t; trtrrony,under oath,,,_receivaevidence,and issued its Findings of Fact
and Conclusions of Law and thereppon1issu6t-its oral O,7s er wFitct\was reduced"to writing on January 24,2012
and furnished to Respondent and'vas recon in, . ler County, Florida at OR 4760,PG
536 on January 31,2012. The Ofrder rectsife a p pet loda5 . j 9 l0'`Avenue N.W.,Naples, FL
34120, Folio 37543240002, more parte ul rly sc ib td Ch est ':0 eet gf Tract 37,GOLDEN GATE
ESTATES, UNIT NO. 19,accordii to t th reWled in t4 o 'S�i`„ 'a e 78 of the Public Records of
S,,�. IS
Collier County, Florida.
An Affidavit of Non-Contrli e has been filed with tE'Boardtk ,Code Enforcement Official on
December 18,2013,which Affidavit\e'rif i under oath that the ire trrredcot<rective action has not been taken as
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ordered. { p , ,
Accordingly, it having been brought,.to i i i~3ogr -s tt rtt cin.thai Respondent has not complied with the
Order dated January 24,2012, it is hereby
ORDERED,that the Respondent,Robert Griffin,pay to Collier County fines in the amount of$15,250.00 `t
(Order Item I and 2)for the period of November 23,2013 through January 23,2014(61 days)at$250.00 per day
plus$64.43 operational costs incurred for the imposition of fines, for a total of$15,314.43. The previously
incurred operational costs have been paid.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
come 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 Respondent.
Packet Pg. 652
*** OR 5014 PG 2192 ***
16.A.22.b
DONE AND ORDERED this cj day of 1. _., i, ,2014 at Collier County, Florida .
•RCEMENT BOARD
COLLIER Cr•UNTY IDA
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/'f 28t H No rs= .hoe Drive
' :ples tori•- J4104
STATE OF FLORIDA )
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COUNTY OF COLLIER) Zi
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The foregoing instrument was acknowledged before me this 5 day of il i , ,2014,by Robert y
Kaufman,Chair of the Code Enforcement Board of Collier County, Florida,wh. i " onally known to aii
me or who has produced a Florida Driv fer-s`I:Fce.+tse ntif4ation. m
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I HEREBY CERTIFY that a; e and for tko#y of h bo N
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Griffin,591 10 Avenue N.W.,Napie ,3 1 i 1 cry of 0044 Le, ,2014.
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16.A.22.c
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Robert M. Griffin
591 10°'Ave.N.W.
Naples,FL 34120
239-465-9746
rgriffin2323@gmail.com
Growth Management Division
Attn: Danny Blanco
2800 N. Horseshoe Drive
Naples, FL 34104
239-252-6865
DannyBlanco@colliergov.net
September 6,2016CtS
C,
Ref. 591 10h Ave. N.W.
CESD20100002858
Hardship Letter/Reduction of fine process
^ Dear Mr.. Blanco,
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I am writing this letter to ask if we can come to.some amicable agreement to settle and
permanently resolve the lien amount of$137,564.43 that has been imposed. I do not have the
funds to pay this amount. This project incurred many inspection and permit fees and revisions. I
have spent just under$300,000.00 on this project between materials,contractors, and county O.
permit fees.
Through the discoveryprocess it has been brought toattention that all my =
g gmy properties
have been affected. Currently the property at 541 le Ave.N.W. is under construction with a a
licensed contractor/builder to have a single family residence constructed by and for my step-
daughter and son-in-law, Lauren and Garett Blagg. This issue has caused delays in construction
and proposes damages and fines through contract. 1 am respectfully asking that the
lien/judgment be released from this property as soon as possible in order to help move this
project forward.
I am unsure of the next step in this process,as my background is not in law, My offer to
bring this matter to a close is the lump sum of$1,000.00. I can be reached via telephone or
email. I will also make myself available at your earliest convenience to help bring this matter to
a reasonable conclusion. Thank you in advance for your attention and consideration,
Sincerely,
Robert M. Griffin
• Packet Pg. 654
16.A.22.c
October 24, 2016
Re:Garette and Lauren Blagg
541 10th AVE N.W.
Naples, Fl 34120
To whom it may Concern:
In July of 2013 we acquired the property listed at the above address from Robert Griffin, stepfather of
Lauren Blagg. We signed a contract to start construction on the property address listed above for a
single family home in February 2016,with a contractor located in Naples.At the time of signing the m
contract,we gave the contractor a down payment to start all required plans, and environmental services
needed due to the property being deemed wetlands by Florida DEP.A title company was hired in July
2016 to close the construction loan,and this is when we were notified that there was a lien placed on
our property due to code enforcement fines that occurred on another property owned by Robert Griffin a'
(591 10th AVE N.W.)that dated back to 2012.The fees were enforced on all of Robert Griffins property,
including the property we owned at 541 10th Ave N.W., in December 2013.We were notified that the
fines for the property owned by Robert Griffin were in excess of$100,000. We both are employed, but �?
by no means have the money to pay these fines in order to lift the lien so that we are able to continue to
build our home.As we are unable to start the building process and close on our loan,we have had to
pay other bills out of pocket that were to be included in the loan for environmental technicians in order `
to get the Florida DEP permits.
J
Sincerely
Garette and Lauren Blagg
a)
to
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