Agenda 09/26/2017 Item #16A4009/26/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$95,600 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Yislen De La O and Roesmel Rua, Code Enforcement Board Case Nos.
CESD20140005957 and CESD20140023123 relating to property located at 2883 50th Ter SW,
Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $95,600 for payment of $500 in relation to Code Enforcement Board Case
Nos. CESD20140005957 and CESD20140023123.
CONSIDERATIONS: As a result of the code violations, the Code Enforcement Board ordered the
imposition of a lien against Yislen De La O and Roesmel Rua., in Case Nos. CESD20140005957 and
CESD20140023123 for code violations at 2883 50th Ter SW, consisting of building a dock without the
proper Collier County permits and an expired permit for a chickee hut. The liens were recorded in the
Official Records on June 15, 2015, at O.R. Book 5163, Page 1323 (CESD20140005957) and on June 14,
2016, at O.R. Book 5283, Page 2690 (CESD20140023123). The lien amount of $62,200 is based on 311
days of accrued fines ($200 per day from October 19, 2014 through August 25, 2015) and $33,400 is
based on 334 days of accrued fines ($100 per day from May 2, 2016 through March 31, 2017). The
property was brought into compliance on August 31, 2015 and April 11, 2017.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount 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 pu rsued
abatement and compliance has been achieved. Ms. De La O is a single parent who is currently
unemployed, and the payment of the fines would cause her to lose the property. She has accessed every
possible financial resource in order to take care of these problems on her own. It took a substantial
amount of time and money to bring this property into compliance. The property is being actively
maintained and $500 has been paid in settlement of fines. The owner is requesting a waiver of $95,100 in
accrued fines, see attached hardship letter as required. There are no known violations.
FISCAL IMPACT: Payment of $500 has been made, representing $500 in fines. If approved by the
Board, accrued fines in the amount of $95,100 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 $95,100, accept payment amount of $500,
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
16.A.40
Packet Pg. 1015
09/26/2017
ATTACHMENT(S)
1. Releases - KN signed (PDF)
2. Lien CESD20140005957 (PDF)
3. Lien CESD20140023123 (PDF)
4. Hardship ltr (PDF)
16.A.40
Packet Pg. 1016
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.40
Doc ID: 3537
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $95,600 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Yislen De La O and Roesmel Rua, Code Enforcement Board Case Nos.
CESD20140005957 and CESD20140023123 relating to property located at 2883 50th Ter SW, Collier
County, Florida.
Meeting Date: 09/26/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
07/26/2017 3:08 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
07/26/2017 3:08 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/14/2017 3:45 PM
Growth Management Department Judy Puig Department Head Review Skipped 08/14/2017 3:42 PM
Growth Management Department James French Deputy Department Head Review Completed 08/14/2017 6:24 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 07/26/2017 3:47 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 07/31/2017 9:31 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 07/31/2017 4:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 1:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 3:08 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:41 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:17 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.40
Packet Pg. 1017
16.A.40.a
Packet Pg. 1018 Attachment: Releases - KN signed (3537 : De La O and Rua, Release of Lien)
16.A.40.a
Packet Pg. 1019 Attachment: Releases - KN signed (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1020 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1021 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1022 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1023 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1024 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1025 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.b
Packet Pg. 1026 Attachment: Lien CESD20140005957 (3537 : De La O and Rua, Release of Lien)
16.A.40.c
Packet Pg. 1027 Attachment: Lien CESD20140023123 (3537 : De La O and Rua, Release of Lien)
16.A.40.c
Packet Pg. 1028 Attachment: Lien CESD20140023123 (3537 : De La O and Rua, Release of Lien)
16.A.40.c
Packet Pg. 1029 Attachment: Lien CESD20140023123 (3537 : De La O and Rua, Release of Lien)
16.A.40.c
Packet Pg. 1030 Attachment: Lien CESD20140023123 (3537 : De La O and Rua, Release of Lien)
16.A.40.d
Packet Pg. 1031 Attachment: Hardship ltr (3537 : De La O and Rua, Release of Lien)
16.A.40.d
Packet Pg. 1032 Attachment: Hardship ltr (3537 : De La O and Rua, Release of Lien)
16.A.40.d
Packet Pg. 1033 Attachment: Hardship ltr (3537 : De La O and Rua, Release of Lien)