Agenda 07/11/2017 Item #16A 807/11/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $671,836.71 for
payment of $750 in the code enforcement action entitled Board of County Commissioners v.
Heriberto Perez, Code Enforcement Board Case No. CELU20090007827 relating to property
located at 2081 50th St 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 $671,836.71 for payment of $750 in relation to Code
Enforcement Board Case No. CELU20090007827.
CONSIDERATIONS: A code lien was recorded for a code violation at 2081 50th St SW. The violation
consisted of a single-family home converted to multi-family in an area designed for single-family use.
The lien was recorded in the Official Records on February 12, 2010, at O.R. Book 4537, Page 1083. The
lien amount of $671,836.71 is based on 2,687 days of accrued fines ($250 per day from November 22,
2009 through March 31, 2017) $671,750, plus operational costs in the amount of $86.71. The property
was acquired by Diana Chavez and Darryl Cohen via Warranty Deed recorded on March 1, 2017. The
new owners brought the property into compliance on March 31, 2017.
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. The new owner is actively maintaining the property and $750 has been paid in settlement
of fines. The owner is requesting a waiver of $671,086.71 in accrued fines. There are currently no
known violations.
FISCAL IMPACT: Payment of $750 in settlement of fines has been made, representing $663.29 in
fines, plus $86.71 in operational costs. If approved by the Board, accrued fines in the amount of
$671,086.71 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 $671,086.71, accept payment amount of
$750, 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
ATTACHMENT(S)
1. Release and Satisfaction - KN signed(2) (PDF)
2. Lien orders (PDF)
3. Hardship letter (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 3304
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $671,836.71 for payment of $750 in the code enforcement action entitled Board of County
Commissioners v. Heriberto Perez, Code Enforcement Board Case No. CELU20090007827 relating to
property located at 2081 50th St SW, Collier County, Florida.
Meeting Date: 07/11/2017
Prepared by:
Title: Manager - Code Enforcement Operations – Code Enforcement
Name: Marlene Serrano
06/02/2017 9:43 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
06/02/2017 9:43 AM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Completed 06/02/2017 10:09 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 06/02/2017 1:14 PM
Growth Management Department James French Additional Reviewer Completed 06/06/2017 11:05 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 06/20/2017 3:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 3:51 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 10:28 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2017 5:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 1:26 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
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:
HERIBERTO PEREZ,
Respondent
The lien was recorded on February 12, 2010, in Official Records Book 4537, Page 1083, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
seventeen thousand eighty six dollars and seventy one cents ($17,086.71), 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.
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
By: By:
Deputy Clerk Penny Taylor, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
INSTR 4394566 OR 4537 PG 1083 RECORDED 2/12/2010 3:04 PM PAGES 2
DWIGHT E. SROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
CELU20090007827
HERIBERTO PEREZ,
Respondent
ORDER IMPOSING, FINE/LIEN
THIS CAUSE came on for public hearing befoiie o oard on October 22, 2009, after due notice to
Respondents at which time the Board heard test'V evidence, and issued its Findings of Fact
and Conclusions of Lav and thereupon issu i s ced to writing on October 29, 2009 and
furnished to Respondents and was recor Q ublic Records o iunty, Florida at OR 4506, PG 2544,
et. seq. on November 5, 2009.
An Affidavit of Non -Comp tanc has led 'th the and by t e C e Enforcement Official on
November 24, 2009, which Affidav t cc ii der-�t`h� ecti e action has not been taken as
ordered.
Accordingly, it having be a1g k#h�( tt tion t s � nts have not complied with the
Order dated October 29, 2009, itis.
ORDERED, that the Respo ' criberto Perez, pay li r fines in the amount of $17,000
(Order Item 2) at a rate of $250/day fo iod of November 22, 2 o January 28, 2010 (68 days), plus
$86.71 operational costs, for a total of $ ,Q,
IT IS FURTHER ORDERED that the t o costs shall continue to accrue until Respondent
comes 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.
DONE AND ORDERED this y� day of 41 1".., 2010 at Collier County, Florida.
x ODE ENFORCEMENT BOARD
murm at Co
NIM!COLLIER COUNTY F
I -HERESY CERTIFYW Tp �s a t ie BY: .
:orrect eot?y et a � tN em°b �
alit erald Lefebvre hair
Boo;TMinutes a�.E,��018; Coutttp 2800 North Ho seshoe Dri
S mV 11 .Off�Cl 1i 1301 this Naples, Florida 34104
clay of
4WINT E. BRdc
*** OR 4537 PG 1084 ***
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 4 -/day of - , , 2010, by Gerald
Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to
moor ✓ who has produced a Florida Driver's License as identifcation.
Iai1511FtE HWOIV - 1 _ �4 Asi1-A —:9 `
MY COMMISSION 1 DD 686595 NOTARY PUBLIC s
EXPIRES, June 18, 2011 My commission expires:
T pf OWWWTAryMWIVPltbkUnftm*M
ERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDERhas ent by U. S. Mail to
Heriberto Perez, 20815& St. S.W., Naples, FL 34116 this � day of 2010.
rFlorida
b Esq.
750311
,1Code Enforcement Board
�tS., Ste. 300
To the attention of the
Board of Commissioners �L
Please accept this letter as a written settlement request for code enforcement case on 208150`h street
SW Naples, FI. 34116
1 am a single parent and full time caregiver of my 80 -year-old mother that was diagnosed with
Alzheimer's disease 10 years ago. I currently live in the Estates area which you may know is very far
from the city and nearby hospitals. I took interest in this property a few years ago when it fell into
foreclosure but my offers were turned down for being too low; the foreclosure bank would not take into
consideration the issues the property had.
After several failed attempts, I was finally able to get them an offer they would agree to approve. We
got the short sale approval, closed the deal and were able to avoid further foreclosure action.
This could not have come at a better time, my mother is now older and her disease has advanced.
Relocating her to this property will enable me to have easy access to all the city amenities including
emergency hospitals nearby in the event I should need to rush her there for medical attention.
However I am now facing yet another challenge in which I ask your assistance. The code violation fines
that have incurred due to the illegal addition are still pending. I would like to ask at this time for a
settlement approval of $750.00 to release the recorded lien. My financial circumstance does not allow
me the ability to make a higher offer.
Your consideration to the above request is greatly appreciated.
Thanking you in advance.
Sincerely,
Diana Chavez