Agenda 12/13/2016 Item #16A23 16.A.23
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a combined accrued value
of $126,715.33 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. MBLS Ventures LLC, Code Enforcement Board Case No. CEPM20120008938,
relating to property located at 1810 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 $126,715.33 for payment of $1,000 in relation to the Code
Enforcement Board Case No. CEPM20120008938.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against MBLS
Ventures LLC., (Case No. CEPM 20120008938)for code violations at 1810 19th Street, SW, consisting of
an unsecured residential structure in need of repair and maintenance including exterior walls, interior
walls, roof, ceilings, windows, doors, and other areas throughout the structure. The lien was recorded in
the Official Records on July 15, 2015, at O.R. Book 5174, Page 3471. The lien amount of$126,715.33 is
based on 633 days of accrued fines, ($200 per day from January 4, 2015 through September 27, 2016)
$126,600 for accrued fines plus operational costs in the amount of$115.33. The property was brought
into compliance on September 27,2016.
The property was acquired by MWC Holdings, LLC, via Warranty Deed recorded on October 19, 2015.
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 with fines that accrued prior to transfer
of title and 30 days following. Compliance has been achieved, MWC Holdings, LLC, took title to this
property with uncorrected code violations. It took substantial amounts of time and money with extensive
follow up, permit fees, and inspections to come into compliance. The owner is experiencing financial
hardship caused by the increased costs and time to complete. There are currently no known violations.
See hardship letter as required.
FISCAL IMPACT: Payment of $1,000 has been made, representing $884.67 in fines and $115.33 in
operational costs. If approved by the Board, accrued fines in the amount of $125,715.33 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$125,715.33, accept the 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
ATTACHMENT(S)
1. Release and Satisfaction-KN signed(7) (PDF)
2.Lien Order (PDF)
Packet Pg. 656
16..23
12/13/2016
3. Hardship letter (PDF) _.
Packet Pg. 657
16.A.23
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.23 1
Item Summary: Recommendation to approve the release of a code enforcement lien with a
combined accrued value of$126,715.33 for payment of $1,000 in the code enforcement action entitled
Board of County Commissioners v. MBLS Ventures LLC, Code Enforcement Board Case No.
CEPM20120008938,relating to property located at 1810 19th Street SW, Collier County, Florida.
Meeting Date: 12/13/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
11/01/2016 2:37 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
11/01/2016 2:37 PM
Approved By:
�-. Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 11/01/2016 3:33 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 11/01/2016 4:48 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/02/2016 10:23 AM
Growth Management Department James French Additional Reviewer Completed 11/03/2016 4:07 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/04/2016 4:28 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 11/08/2016 9:27 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/08/2016 10:16 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/10/2016 11:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2016 8:23 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:55 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg.658
16.A.23.a'
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440 a
4-
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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
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personal property owned by:
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MBLS Ventures LLC,
Respondent
The lien was recorded on July 15, 2015, in Official Records Book 5174, Page 3471, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of One cc
hundred twenty six thousand seven hundred fifteen dollars and thirty-three cents ($126,715.33),
plus accrued interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida. a
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.
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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. o
ATTEST BOARD OF COUNTY COMMISSIONERS
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DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By:
Deputy Clerk Donna Fiala, Chairman
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Date: Date:
Approved as to form and legality
Kevin oell
Assistant County Attorney
Packet Pg. 659
INSTR 5149021 OR 5174 PG 3471 RECORDED 7/15/2015 4:03 PM PAGES 2 16.A.23.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120008938
/.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. a)
J
MBLS VENTURES LLC, m
Respondent. m
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ORDE a4^TMSPECIAL P. • - TE
t'OSING FINES/LIE
THIS CAUSE came b for• the Spec •a•istrat. for • the hearing upon the Petitioner's
Motion for Imposition of Fines'+ ie •o , t'- T al istrate, having heard argument
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respective to all appropriate att- s, ere p fss • j i"`ii ' ►f :et and Order of the Special
Magistrate,as follows: ('1 tititi...111
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FINDINGS OF --4-T o
1. On June 7,2013,Respondent rid guilty of vio : s o) oilier County Code of Laws and `
Ordinances,Chapter 22,Articl , * ( ''-.ugh(20)and Section 22-242 for an
unsecure residential structure in nee. •:$ ai .a1i'. tenance,including exterior walls, interior p`
walls,roof,ceilings,windows,doors,and other areas throughout structure,which violation
occurred on the property located at 1810 19th Street SW, Naples,FL,Folio#45967680007
(Legal Description:GOLDEN GATE EST UNIT 195 N 105FT OF TR 90).
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 7,2013,or a fine of$200.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at ca
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OR 4937,PG 145).On October 3,2014,an extension of time to comply was granted.(A copy of `t
the Order is recorded at OR 5092,PG 1874).
3. Operational costs of$341.86 incurred by the County in the prosecution of this case have been
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.
Packet Pg. 660
*** OR 5174 PG 3472 *** 16.A.23.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$200.00 per day are assessed against Respondent for 153 days for the period from
January 4,2015 to June 5,2015,for a total amount of fines of$30,600.00.
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C. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of a)
$115.33. J
46
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D. Respondent is ordered to pay fines and costs in the total amount of S30.715.33 or be subject to co
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Notice of Assessment of Lien against all properties owned by Respondent in Collier County, m
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Florida. re
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E. The daily fine of$200.00 shall •. i .- c �( I :.., been confirmed-ment has bd by a Collier
County Code Enforcement 414.*:_.tor. Co
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DONE AND ORDERED this ' , i f ` .j1,A- 201 t C tier County,Florida. >
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Division, 2800 North Iorseshoe Drive, Naples, FL 34104, phone # ;;
(239) 252-2440, or www.coiliergov.net. Any release of lien or confirmation of compliance or a0s
confirmation of the satisfaction of the obligations of this order may also be obtained at this location. E
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APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court ..,
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, Q
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent—MBLS Ventures LLC irJ[ of riouoa
Collier Co.Code Enforcement Division County of COLLIER
I HEREBY CERTIFY THAT tklis fs 'ti+u'b•and
correct copy of a documeg$on+•file in "
Board Minutes .,nd R2 1rds 1ft r C
Vp.j. ESS my h of:i a it=ig y`'
.1=day day of•.,1 t,� a
DWIGHT E.BROCK CLE►Q,k•Q bOLIRTS
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Packet Pg.661
INSTR 5101314 OR 5134 PG 1858 RECORDED 3/31/2015 12:06 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A:23.b
REC $7.8.50
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE I
Case No.—CEPM20120008938
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
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vs. "-
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MELS VENTURES LLC, ca
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Respondent.
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ORDS 1'H E SPECIAL11 r iA I4§ 'RATE
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THIS CAUSE came b fore lthe�ial-�iagistale, for bli hearing upon the Petitioner's u)
Motion for Imposition of Fine iyh o el�- ., I ± S cial Magistrate, having heard co
argument respective to all app roprat `mea er , eici • i‘s es j�ind!ngs of Fact and Order of the
Special Magistrate,as follows:! ( ( \ (I 1 )
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k FINDINGS OF PACT i '/ -7 a)
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1. On June 7,2013,Res and found guiltyof violati� "A 0
p qf-(jollier County Code of Laws and
Ordinances,Chapter 22,Artm\l „)' ' &ction 22-231(.1 t (20)and Section 22-242 for an d
unsecure residential structure inti ed?o . 1 a ru :.1in lance including exterior walls, interior
walls, roof,ceilings,windows,doors, ...• : ' . =s iroughout the structure, which violation
occurred on the property located at 1810 19th St SW, Naples, FL,Folio#45967680007(Legal E
Description:GOLDEN GATE EST UNIT 195 N 105FT OF TR 90).
1.
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or Q
before October 7,2013, or a fine of$200.00 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 4937,PG 145).On March 7, 2014,a Continuance was granted.(A copy of the Order is
recorded at OR 5018, PG 3904). On October 3, 2014,an Extension of Time to Comply was
granted.(A copy of the Order is recorded at OR 5092, PG 1874).
3. Operational costs of$226.53 incurred by the County in the prosecution of this case have been
paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,was
represented by Octavio Sarmiento Jr at the hearing,though 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.
Packet Pg. 662
*** OR 5134 PG 1859 ***
16.A.23.b
6. The violation has not been abated as of the date of the hearing.
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. The Special Magistrate has granted a continuance of this case until May 6,2015.
B. All parties shall be re-noticed for the subsequent hearing date. S
C. Respondent is ordered to pay operational cogs in the amount of$11533 on or before March 6, o
2015. N
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DONE AND ORDERED thi47 411 day of Aartit ,2015 at Collier County,Florida. a:
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PAYMENT OF FINES:. (fines ordered to be d r ti t o this order may be paid at the -a
Collier County Code Enforcement t .. . Tent, 2800 North HI sl iDrive,Naples, FL 34104, phone# 0
(239) 252-2440, or www.collierg .iit.,, y release 9f kit,A:ii confirmation of compliance or a
confirmation of the satisfaction of the o t,Ioer'ia1'also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court E
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, u
but shall be limited to appellate review of the record created within the original hearing. It is the coQ
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent—MBLS Ventures LLC
Collier Co. Code Enforcement Dept.
Stale ci r tui uud
County of COLLIER
I HERESY, AT tnii*a tr Je and
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$oatt141'liit at,�d ordspf Colker,County
WIT'-3S thy iiA,d and-,ofkct !Seal is
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DC Packet Pg. 663
INS-FR 5049515 OR 5092 PG 1874 RECORDED 11/6/2014 3:42 PM PAGES 2 16.A.23.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20I20008938
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
J
MBLS VENTURES LLC,
Respondent.
ORD' '42I{E SPECIAL e ' •TE u,
v/
THIS CAUSE came efo / _ ; .te for .ublic hearing upon the Petitioner's °
Motion for Imposition of Fie ens on e, .1- 3,.201•, and e pecial Magistrate, having heard
argument respective to alt apro = t s "'- Findings of Fact and Order of the rn
Special Magistrate,as follow : t J
C' FIND! GS 0 AC
1. On June 7,2013,Respo vas found guilty o !ii, /ollier County Code of Laws and N
Ordinances,Chapter 22, +it Sections 22-231 .t twr gh(20)and Section 22-242 for an L
unsecure residential structu - e-. . •. • nRa�i - ance,including exterior walls,interior -
walls,roof,ceilings,windows, ••,•-ta o(,F'e - - roughout structure,which violation p
occurred on the property located at 1811 treet SW, Naples,FL,Folio#45967680007
(Legal Description:GOLDEN GATE EST UNIT 195 N 105FT OF TR 90). 1.71
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or a,
before October 7,2013,or a fine of$200.00 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 4937,PG 145).On March 7,2014,a Continuance was granted.(A copy of the Order is w
recorded at OR 5018 PG 3904).
3. Operational costs of$112.73 incurred by the County in the prosecution of this case have been
paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,was
represented by Octavio Sarmiento at the public hearing,though 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.
Packet Pg. 664
***>oR 5092 PG 1875 *** 16.A.23.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. Respondents'Request/Motion for Extension of Time to Comply is granted.
B. The time for which Respondent is to comply has been extended for ninety days.
C. No daily fines shall accrue during the extension period.
11
D. Respondent shall pay operational costs for the Motion for Extension of Time in the amount of
5113.130 on or before November 3,2014. O
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DONE AND ORDERED this 34 day of C' 1 2014 at Collier County,Florida. ce
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PAYMENT OF FINES: *c.fines ordered to • ,,:='d •u•• to this order may be paid at the c,
Collier County Code Enforcemet artment,2E00 Nort .• .' Drive,Naples, FL 34104,phone# N
(239)252 -2440 or Colliergov.net. ease of lien or co, 'Kia .n of compliance or confirmation of
the satisfaction of the obligations of r • , i 1 , 4 at this location. F.
APPEAL: Any aggrieved party may appeal a ma order of the Special Magistrate to the Circuit Court e
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, J
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 c
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. E
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cc: Respondent MBLS Ventures LLC f6
Collier Co.Code Enforcement Dept. Q
State 01 Fforlda
County of COLLIER
I HEREBY CERTIFY_T�fAtthisfs.a rue and-
correct copy of a'document.on din:r,
Board Minutes.anii Rerrirt3s of Collier County
p�VE�SS my, an aP�'ofi ' 1 se t `
(L�'' ` day of � J14,1
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DWIGHT E.BROG L-EliK OF COURTS
Packet Pg. 665
INSTR 4958396 OR 5018 PG 3904 RECORDED 3/21/2014 10:21 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.A.23.b'
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.–CEPM20120008938
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA, ' -
Petitioner, :
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a)
vs. _i
0
MBLS VENTURES LLC, N
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a)
Respondent. 71)
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ORDER > PEC AL SO RATE y
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r''CPOSING FINES/LI +' �Si-'\ _
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THIS CAUSE carte b ford 5peCiaarIvlagilate for ubl1 hearing upon the Petitioner's >
Motion for Imposition of Fides 'ie ' I ' t 4,;.n. th Sp ial Magistrate, having heard
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argument respective to all a pro ',i e - eii I i)`,fie•.i .ind gs of Fact and Order of the
Special Magistrate,as follow Fi \,,„,,,..,.
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t`.,r',, FINDINGS GS OF`FACT i /'-'%';rcv
I. On June 7,2013,Respot ✓as found guilty of va`n�n'pt Allier County Code of Laws 'a
and Ordinances,Chapter 2 , '. 'else VI, Section 22-2]`,( . tIrtie►ugh(20)and Section 22-242 C)
for an unsecured residential ' including exterior 0
walls,interior walls,roof,ceilings,-ty t wsidt§isi-aueother areas throughout the structure, -'
which violation occurred on the property-leeetedit 1810 19th Street SW,Naples,FL Folio
#45967680007(Legal Description: GOLDEN GATE EST UNIT 195 N 105FT OF TR 90).
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3. An Order was entered by the Special Magistrate ordering Respondent to abate the violation 2
on or before October 7,2013,or a fine of$200.00 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 4937,PG 145).
3. Operational costs of$112.73 incurred by the County in the prosecution of this case have been
paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,was
represented by Hector Garcia at the public hearing,though no legal defense to the Motion was
presented.
A—, 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.
Packet Pg. 666
*** OR 5018 PG 3905 ***
16.A.23.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. The Special Magistrate has granted a Continuance of this case for six months.
B. All parties shall be re-noticed for a subsequent hearing date. _
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DONE AND ORDERED this day of ,2014 at Collier County,Florida. Ti
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PAYMENT OF FINES: \\'''",,A mes ordered to be par upth /to this order may be paid at the L
Collier County Code Enforcemepj ttment, 2800 North.• �e 'oe Drive, Naples, FL 34104, fax # 0
(239) 252-2343. Any release of li'n'c{r` tion of iratac yor confirmation of the satisfaction of m
the obligations of this order may also be okt at thil kdati '!" -J
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
de novo, but shall be limited to appellate review of the record created within the original hearing. It is os
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—MBLS Ventures LLC btate of honoa
Collier Co.Code Enforcement Dept. County of COLLIER
I HEREBYCi'f OM'Tl'tigiis is a true and
correct gpif.a docpnt.oftfile in ,
Board t i tps arliiRe. ors it oder.County
TN Sg my h dalyd ti ttfiiciai_'seal this
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DWIGI-E",DRQ. . CL. (0..F COURTS
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Packet Pg. 667
INSTR 4857672 OR 4937 PG 145 RECORDED 6/25/2013 5:40 PM PAGES 3 16.A.23.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20120008938
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
•
BENJAMIN SCHULZ AND SYLVIA SCHULZ,
Respondents, m
1-23
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ORDER !J_ i� :+�� ;�� ISTRATE
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THIS CAUSE came on f . c hearing before the S.'6ia1 agistrate on June 7,2013,and the
Special Magistrate,having hea test' . • 1 a. re ived e 'de e and heard argument respective
to all appropriate matters, he po is '" Fi • gs of act an. 0 •er of the Special Magistrate, as a=i
follows: C PFAY
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1. Respondents,Benjami\u1z and Sylvia Schulzre t e1 of the subject property.
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2. Respondents were notifi-s . t date of hearing by c . ail and posting and the Special
Magistrate has jurisdiction •
3. Respondents,having been duly nota t ., ppear at the public hearing. a
4. The real property located at 1810 19th Street SW,Naples,Florida,Folio#45967680007(Legal '1
Description:GOLDEN GATE EST UNIT 195 N 10SFT OF TR 90),is in violation of Collier
County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations,Article E
VI Property Maintenance Code,Section 22-231(1)through(20)and Article VI Chapter 22
Section 22-242,in the following particulars: ea
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Unsecure residential structure in need of repair and maintenance,including exterior walls,interior
walls,roof,ceilings,windows,doors,and other areas throughout structure.
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. 2010-04, it is
hereby ORDERED:
Packet Pg. 668
ba 4937 PG 146 16.A.23.b
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22 Buildings and Building Regulations,Article VI Property Maintenance Code,Section 22-
231(1)through(20)and Article VI Chapter 22 Section 22-242.
B. Respondent must abate the violation by obtaining all required Collier County Building or
Demolition Permits,inspections,and Certificates of Completion/Occupancy,and either restore
the structure to a permitted condition consistent with the Collier County Property Maintenance
Code,or remove the structure on or before October 7,2013,or a fine of S200.00 per day will
be imposed for each day the violation remains thereafter. c
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C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violation using any method to bring the violation into compliance.If necessary,theIS
County may request the services of the Collier County Sheriff's Office for the purpose of u)
accessing the property for abatement. All costs of abatement shall be assessed against the a)
property. TO
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D. Respondent is ordered to pay o t..ti ecution of this case in the amount of
SII2.73 on or before July f��� *?: —i
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E. Respondent shall notify a .dEnforcement stigato 3i Davis,within 24 hours of
abatement or complian so hat I ins.: tion m:y be o ed to confirm compliance. y
DONE AND ORDERED this 1 ,41111P, I 10 ; 1 C 4,tier County,Florida.
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. COLLIMC• % ODE ENFORCEMENT
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the s
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Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # a
(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(s)—Benjamin Schulz and Sylvia Schulz
Collier Co.Code Enforcement Dept.
Packet Pg. 669
OR 4937 PG 147 ***
16.A.23.b
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16.A.23.c
MARC F. OATES, P.A.
Attorneys at Law
5515 Bryson Drive,Suite 502
Naples, FL 34109
Telephone (239) 5984136/ Facsimile(239) 598-4272
Website Address: www.MarcOatesLaw.com
E-Mail Address: Marc@MarcOatesLaw.com
September 28,2016
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To: Collier County Board of County Commissioners
Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples,Florida a
ccRE: Case No.: CEPM20120008938
Matter: Request for Reduction of Outstanding Fines
Property Address: 1810 196 ST SW,Naples 34117
Property Owner: MWC Holdings,LLC
Permit No.: PRBD2015123947701
To Whom It May Concern: m^
Please know that this law office represents MWC Holdings, LLC as the property owner
in connection with the above described matter, please allow this letter to serve as our formal
request for relief in the form of a reduction of fines for the following reasons:
1. Prior Owner: Our client purchased the property in October 16, 2015 from a
previous owner who was the recipient of the initial violation and fine. It is my understanding
that the fines that accrued prior to the transfer of title and thirty days following transfer of title 17)
can be considered for waiver;
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2. Extensive Damage: I understand that the property was damaged by a fire which
caused extensive damage throughout the entire the residential structure, and that the initial L
violation was a result of this fire damage.
3. Diligently Pursuing Compliance: Our client has diligently pursued compliance
with this violation that it inherited as evidenced by the immediate hiring of a general contractor
and architect, and then by filing for a permit on December 22, 2015 for which a permit was
issued on January 29, 2016. From the receipt of the initial permit, our client has also worked
diligently to make improvements and repairs to the property, and has recently received a
Certificate of Completion with an issued date of September 27, 2016. Given the extensive fire
damage the time to repair caused delays and additional time then initially considered.
Packet Pg. 671
16.A.23.c=
4. Construction Work Details: It is my understanding that the construction work
performed to repair the property that was damaged to the extensive fire damage, included the
following improvements, but not limited to, flooring, kitchen, bathrooms, painting, countertops,
cabinets, appliances, doors, baseboards, pool finishing, landscaping, plumbing, electrical,
HVAC, exterior window shutters, and sliding glass doors.
S. Considerable Expense: Our client advised that they have spent considerable
expense to repair the property in the amount of approximately Seventy Thousand Dollars
($70,000.00). Due to the extensive fire damage the cost to repair far exceeded the budget for the
repairs.
6. Severe Hardship: Considering the excessive costs to repair, our client is a
experiencing financial hardship caused by the increased costs and time to complete. Zi
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7. Settlement Offer: Our client respectfully requests that the amount of the fine be t
reduced to the amount of the administrative costs and expenses incurred by the county. 63
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Respectfully Submitted,
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Packet Pg. 672
16.A.23.c
Gadoury & Gadoury & Associates, Inc.
State of Florida Certified General Contractor
State License CGC019309
P. 0. Box 60854
Ft. Myers, FL 33906
Phone: (239)-321-3945 i Email: fadedglory69(a,aol.com
27 September 2016
0
RE: Outstanding Fines at 1810 19th ST SW,Naples 34117 y
Greetings: cc
This letter shall serve as a formal request for the reduction of the fees at the above-cited
property. The owner retained a new General Contractor shortly after acquiring the
property on 16 October 2015.The General Contractor then retained an architect,new
contract documents were produced, a Building Permit was applied for on 22 December,
2015, approved on 29 January, 2016 and repairs began at once. The code violations hadcn
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already begun under the auspices of the previous owner and his contractor and what little
remained was dealt with initially. Code Enforcement was called, and unfortunately,the a
new owner seemingly misunderstood the response he received to his call,thinking that
with a permit now in place, the fine accrual would cease. Alas,such was not the case. N
Additionally, the damage caused to the property by a substantial fire prior to the owner a;
taking title was more extensive than originally thought, and a great deal of restorative
work needed to be completed,not the least of which included the building of a new
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electrical service and subsequent inspections enabling FPL to finally restore power to the
72
home>Prior to such time,the owner provided generators so that work could proceed. i
Many inspections by the Collier County Building Department ensued and a Certificate of
Occupancy was finally obtained on 27 September,2016.
E
To summarize, the owner, in consort with his new General Contractor did all that could
possibly be done to restore the home to habitable status and has nowhere near the funds
with which to pay the fines as they currently exist. This letter thus serves as more of a
plea for mercy than a request as such! Thank you in advance for your consideration and
cooperation.
Sincerely,
Packet Pg. 673