Agenda 02/14/2017 Item #16A 302/14/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$315,831.72 for payment of $7,149.92 in the code enforcement actions entitled Board of County
Commissioners v. Silvano O. Delgado and Jorge Chavez. Code Enforcement Board Case No.
CESD20090010558 relating to property located at 2556 Randall Blvd., 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 $315,831.72 for payment of $7,149.92 in relation to Code
Enforcement Board Case No. CESD20090010558.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Silvano O.
Delgado and Jorge Chavez, in Case No. CESD20090010558 for code violations at 2556 Randall Blvd.,
consisting of a partially built structure on the property with canceled and voided permits. The lien was
recorded in the Official Records on April 8, 2011, at O.R. Book 4670, Page 154. The lien amount of
$315,831.72 is based on 2,105 days of accrued fines ($150 per day from February 17, 2011, through
November 21, 2016), $315,750, plus operational costs in the amount of $81.72. The property was
brought into compliance on November 21, 2016.
The property was acquired by 815 K N LLC., via Tax Deed recorded on August 31, 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, with fines that accrued prior to transfer of the title and
thirty days following, compliance has been achieved, and payment would cause a severe hardship on the
new owner. Mr. Kajy, representing 815 K N 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 bring the property into compliance. The property is being actively maintained and
$7,149.92 has been paid in settlement of fines. The owner is requesting a waive r of $308,681.80 in
accrued fines, (see attached settlement letter). There are currently no known violations.
FISCAL IMPACT: Payment of $7,149.92 has been made, representing $7,068.20 in fines, plus $81.72
in operational costs. If approved by the Board, accrued fines in the amount of $308,681.80 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 $308,681.80, accept payment in the
amount of $7,149.72, 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(11) (PDF)
16.A.3
Packet Pg. 417
02/14/2017
2. Lien Order (PDF)
3. Settlement Letter (PDF)
16.A.3
Packet Pg. 418
02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $315,831.72 for payment of $7,149.92 in the code enforcement actions entitled Board of
County Commissioners v. Silvano O. Delgado and Jorge Chavez. Code Enforcement Board Case No.
CESD20090010558 relating to property located at 2556 Randall Blvd., Collier County, Florida.
Meeting Date: 02/14/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
12/21/2016 3:22 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
12/21/2016 3:22 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 12/22/2016 9:12 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/22/2016 12:36 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/22/2016 2:47 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 12/22/2016 2:52 PM
Growth Management Department James French Additional Reviewer Completed 12/27/2016 6:30 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/09/2017 8:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2017 10:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/13/2017 8:42 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/13/2017 10:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/25/2017 12:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.A.3
Packet Pg. 419
16.A.3.a
Packet Pg. 420 Attachment: Release and Satisfaction - KN signed(11) (2514 : Delgado and Chavez, Release of Lien)
rNsrR 450L484 0R 4629 PG 290
DWIGHT E. BROCK, COLLIER COUNTY
REc
_$18.
50
RECoRDED l2/2/2O].O 2i59 PM PAGES
CLERK OF THE CIRCUIT COURT
CODE ENFORCEMENT BOARD
COLLIER COLINTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNry, FLORIDA,
Petitioner,
vs.
SILVANO O. DELGADO AND
JORGE CHAVEZ,
Respondents
q,D
CASE NO,: CESD200900l 0558
li 20l0, and the Board, havin
i{te mgtters, thereupon issuer
l,*,
/ia*y',op"n .
ffiespondents and that the
THIS CAUSE came on for public
testimony under oath, received
Findings ofFact, Conclusions of
l.
2.
That Silvano O. Delgado
That the Code
Respondents, haying been duly
are the
has jurisdiction of
at the public
il))70 *",, and by posting.3.
4.
That the Respondents werc
That the realproperty located at 2556 Randall Blvd., Naples, FL 34120, Folio 40233560005, more
particularly described as The East 75 feet ofthe East 150 feet ofTract 33, COLDEN GATE ESTATES, LNITNo.
69, according to th€ plat thereof, recorded in Plat Book 7, Page 65, ofthe Public Records of Collier County, Florida
is in violalion ofcollier county code ofLaws, chapter 22, Article II, Florida Building code, Section 22-
26(bX I04.5.1.4.4) in the following particulars:
Partially built structure on property with canceled and voided permits.
ORDER OF THE BOARD
Based upon the foregoing Findings ofFact and Conclusions ofLaw and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDEREti:
That the violations of collier county code ofLaws, Chapret 22, Anicle ll, Florida Building code,
Section 22-26(b)( 104.5.1.4.4) be corrected in the following manner:
l. By obtaining any and all building permits as required by Collier County, or by obtaining demolitionpermit and obtaining all required inspections and certificate ofcompletion within godays (F.t.rn io. ioitl.
That ifthe Respondents do-not comply with paragraph I ofthe Order of tire board by '
then there will be a fine of$ 150 per day for each day until the violation is abatcd.
16.A.3.b
Packet Pg. 421 Attachment: Lien Order (2514 : Delgado and Chavez, Release of Lien)
*** OR 4629 PG 291 ***
2010, by Kenneth Kelly, Chair oftl
t zt personally kttown to me or
ssr r rurttet
DcunudG0ltlE
I HEREBY cERllF' TtlATSb q! $rd
:onoct cooy ol a (x
goard Mlnutcr anrl
l{lI}ESS mvHL oey ol
3. That lhe Respondents are to notify Code Enforcement officials that the violation has been abated within
24 hours ofabatement and request the Investigalor to come out and perform a final inspection to confirm the
abatement.
4. That ifthe Respondents fail to abate the yiolation, the county may abate the violation and may use the
assistance ofthe Collier County Sherifls Office to enforce the provisions ofthis order and all costs ofabatement
shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operatioflal costs incurred in the prosecution of this
Case in the amount of $81.72 within 30 days.
Any aggrieved party may appeal a final order ofthe Board to the Circuit Court within thirty (30) days of
the execution ofthe Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
review ofthe record crealed within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED rhis \ry-duy of N\OV. , z0l0 at Collier Counry,
Florida.
STATE OF FLORIDA
COUNry OF COLLIER)
The foregoing instrument was before me this
)
)SS:F
5-
Board , Florida, who is
has produced a Florida License as identifi cation.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and conect copy of rhis ORDER has been sent by U. S. Mail to
Silvano O. Delgado and Jorge Chavez,2370 39'h Street S.W., Naples, FL 34t20 rhisZ2p')day of NO\J , , 2010.
N
My commission expires:
Attomey for the Code Enforcement Board
2375 N. Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
cwlGHr E
KRIS1INE HOTTON
MY CoMMlsstoN { DO 6S6se:
EXPIBESj June tg.201t
Bondod Irru irdaryplbrcUideM t
M. Je ary!-dwson, Esq.
Florida Bar No. 750311
*tr
16.A.3.b
Packet Pg. 422 Attachment: Lien Order (2514 : Delgado and Chavez, Release of Lien)
INSTR 4546829 oR 4670 PG L54 RECoRDED 4/8/2OLL 9:37 AM PAGES 2
DWIGHT E. 8ROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COLTNTY, FLORIDA,
Petitioner,CASE NO.: CESD200900 10558
vs.
SILVANO O. DELGADO AND
JORGE CHAVEZ,
Respondents
THIS CAUSE came on for public 18,2010, after due notice to
Respondents al rvhich time the Board
and Conclusions ofLaw and thereupon
and fumished to Respondents and rvas
290, et. seq. on December 2,2010 .
An Affi davit of Non-Compl Official on
March 9,201I, which Aflidavil
ordered.
has not been taken as
Accordingly, it having been
Order dated November 19,2010, it is
have not complied with the
ORDERED, thAt IhC
amount of$5,400 (Order Items I and 2) at a
24, 201 I (36 dayr, plus the operational costs
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents 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 ofthe Board to the Circuit Coun within thirty (30) days of
the execution ofthe Orderappealed. An appeal shall not be a heanng de novo,but shall be limited to appellate
revierv ofthe record created rvithin. FilinganAppeal shall notstaythe Board's Order.
This Order may be recorded and shall, pusuant io Section 162.09, Florida Statutes, constitute a lien
against the property as described and/or any other real or personal property owned by Respondens.
2800 North Horseshoe Drive
Naples, Florida 34104
DONE AND ORDEnf O *ris 30ha uy of/(]fti.-h .z0l I at Collier County, Florida .
Stal8 or FtrrRlOA
,bunty of @lllEf,
CODE ENFORCEMENT BOARD
17,201I through March
COLLIER
BY:
16.A.3.b
Packet Pg. 423 Attachment: Lien Order (2514 : Delgado and Chavez, Release of Lien)
*** oR 4670 PG 155 ***
STATEOFFLORIDA )
cotJNTY OF COLLIER) _rf^
The foregoing instmment rvas acknorvledged before me this 3C' aay ot{Y)a,,-<}'-"t,201l, by
Kenneth Kelly, Chair ofthe Code Enforcement Board ofCollier County, Florida, rvho is r' personally
knoim to me or _ rvho has produced a Florida Driver's License as idenlification.
Kn-;tr,,''t.- ttarrrr^..
NOTARY PUBLIC
My commission expires:
TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has bee! sent by U. S. Mail ro Silvano
O. Delgado and Jorge Chavez 2310 396 Streer S.W., Naples, FL 34120 this 3a\Y - ay of ..t)at<_L; ,201l.
HYCott!.lsstoN
'
DO 6865-c5
EXPIaES. Juie 1e.2011
D )-ed Ii.J tki1.y Fr::.. L'nda
Esq.
Enforcement Board
ia\i Tt
H4r0
16lt,
l\/,
16.A.3.b
Packet Pg. 424 Attachment: Lien Order (2514 : Delgado and Chavez, Release of Lien)
From:
Sent:
To;
Subject:
kknusa@aol.com
Friday, December 09, 2016 3:57 PM
WaiverOf FinesRequests
cESD20090010558
To whom it may concern, Board of County Commission-
l'nau" aCq,iireO parcel lD: 40233560d05 from Collier County Tax Deed Sale as shown in the attached certificate of
tifle. The surpius funds from the sale have been sent to Collier County building and development department. All issues
*itn tf," prod"rty have been taken care of and all violations have been abated. Please help with the dismissal of all
current leans.
Thank you for your help and consideration.
Sincerely,
Kent Kajy
Kyle Kajy
(239) 216-2701
kknusa@aol.com
16.A.3.c
Packet Pg. 425 Attachment: Settlement Letter (2514 : Delgado and Chavez, Release of Lien)