Agenda 10/10/2017 Item #16A1010/10/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$21,600 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. ORI & BHNV LLC, Code Enforcement Board Case No. CEPM20150018950
relating to property located at 4201 Rose Avenue, 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 $21,600 for payment of $1,000 in relation to the Code Enforcement Board
Case No. CEPM20150018950.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against ORI & BHNV LLC, in Case No. CEPM20150018950 for code violations at
4201 Rose Avenue, consisting of a hole in roof, soffit in disrepair. The lien was recorded in the Official
Records on February 12, 2016, at O.R. Book 5241, Page 3222. The lien amount of $23,830.36 is based
on 226 days of accrued fines, for order item B ($100 per day from January 5, 2016 through August 17,
2016) plus operational costs in the amount of $230.36. $1,000 in fines and $230.26 operational costs
were previously paid. The property was brought into compliance on August 17, 2016. The property was
acquired by Jose O Sanchez Molina and Cruz Sanchez, via Warranty Deed, recorded on March 9, 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 $1,000 has been paid in
settlement of fines. The owner is requesting a waiver of $20,600 in accrued fines. There are currently no
known violations.
FISCAL IMPACT: Payment of $1,000 in settlement of fines has been made. If approved by the Board,
accrued fines in the amount of $20,600 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 $20,600, accept 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
ATTACHMENT(S)
1. Lien (PDF)
2. Signed Release of Lien (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 3736
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $21,600 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. ORI & BHNV LLC, Code Enforcement Board Case No. CEPM20150018950 relating
to property located at 4201 Rose Avenue, Collier County, Florida.
Meeting Date: 10/10/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
09/01/2017 10:52 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
09/01/2017 10:52 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/19/2017 2:56 PM
Code Enforcement Jeanne Marcella Additional Reviewer Skipped 09/26/2017 2:00 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 09/26/2017 2:01 PM
Growth Management Department James French Deputy Department Head Review Completed 09/26/2017 2:02 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/27/2017 8:28 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 09/27/2017 11:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2017 4:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 8:38 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:09 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 8:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
INSTR 5227854 OR 5241 PG 3222 RECORDED 2/12/2016 1:13 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.--CEPM20150018950
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
ORI & BHNV LLC,
Respondent.
THIS CAUSE came betMT.
for Imposition of Fines/Liens n F
respective to all appropriate
Magistrate, as follows: 7C)
1. On December 4, 2015, Resp �"! as
and Ordinances, Chapter 22, A
disrepair, which violation occurre
Folio #67493320000 (Legal Descriptio
76).
pari g upon the Petitioner's Motion
having heard argument
f t and Order of the Special
�agjstrate,
~
found guilty aha n of Collier County Code of Laws
31 c) for a hole in the roof and soffit in
ed at 4201 Rose Avenue, Naples, FL,
Description P iEW VILLAS BLK B LOT 34 OR 2031 PG
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before January 4, 2016, or a fine of $100.00 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 5226,
PG 591).
3. Operational costs of $115.48 incurred by the County in the prosecution of this case were ordered
to be 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.
*** OR 5241 PG 3223 ***
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 $100.00 per day are assessed against Respondent for 32 days for the period from
January 5, 2016 to February 5, 2016, for a total amount of fines of $3,200.00.
C. Respondent shall pay the previously assessed operational costs in the amount of $115.48.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.88.
E. Respondent is ordered to pay fines and costs in the total amount of $3,430.36 or be subject to
Notice of Assessment of Lien against all pnqpqntics owned by Respondent in Collier County,
Florida. J
�F. C0UfF. The daily fine of $100.00 sh to accrue unti a nt has been confirmed by a Collier
County Code Enforcemen n
tor.
DONE AND ORDERED this TQ� !KOWq l o� � Collier County, Florida.
R C"T DE ENFORCEMENT
SPE MA its E
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 Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or www.colliergov.net. 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 -ORI & BHNV LLC
Collier Co. Code Enforcement Division
,ate of Florida
County of COLLIER
I HEREBY CERTIPY T i {His is a true 'V7
correct copy c a toupet on file in
Board [,,I I nu le er"-' ;et�ds C Collier C0�mly
W 5 my ;;
� iaI se;
SS
of
DWIGHT E. BROCK. CLERIC OF COURTS
D.C.
INSTR 5209245 OR 5226 PG 591 RECORDED 12/22/2015 9:11 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. —CEPM20150018950
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
ORI & BHNV LLC,
Respondent.
THIS CAUSE came on or
the Special Magistrate, havin h
respective to all appropriate att
Magistrate, as follows:
Respondent, ORI &
tte on December 4, 2015, and
idence and heard argument
:t and Order of the Special
4GS OF T L
C
owner of th property.
2. Respondent was notified of the da �4rC ified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the public hearing.
4. The real property located at 4201 Rose Avenue, Naples, Florida, Folio #67493320000 (Legal
Description: PINE VIEW VILLAS BLK B LOT 34 OR 2031 PG 76 ), is in violation of Collier
County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c), in the
following particulars:
Hole in roof, soffit in disrepair.
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. 07-44, as amended, it is hereby
ORDERED:
*** OR 5226 PG 592 ***
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22-231(12)(c).
B. Respondent must abate the violation by repairing any holes and all other damage to the roof and
soffit and obtain all required Collier County Building Permits, inspections, and Certificate of
Completion/Occupancy to repair the roof and soffit on or before January 4, 2016 or a fine of
$100.00 per day will be imposed for each day the violation remains thereafter.
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, the
County may request the services of the Collier County Sheriff s Office for the purpose of
accessing the property for abatement. All costs of abatement shall be assessed against the
property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$115.48 on or before January 4,2016._----_
E. Respondent shall notify the C �crR ftp
abatement or compliance so nal inspection i
DONE AND ORDERED this
Steve Athey, within 24 hours of
hprmed to confirm compliance.
County, Florida.
GARRETSON
ENFORCEMENT
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 Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or www.colliergov.net. 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) — ORI & BHNV LLC,
Collier Co. Code Enforcement Division
County of CuLUER
I HERESY CER`i'.FY THAT this iia tr�3R�3d
c4�r�c' cc„.°j cf a ;.-r..ort on rice ;n 4, r
E._,,t l �;::.; ,� _ and =:c• d, of 0ollie�qpunty
S ;-�y enc r o°I Bial g,�a1 titin
pay
ofQ�
DWI BROCK. CLERK QF C009%S :s
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:
ORI & BJNV LLC,
Respondent
The lien was recorded on February 12, 2016, in Official Records Book 5241, Page 3222, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty
one thousand six hundred dollars ($21,600), 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
go
Deputy Clerk
Date:
Approved as to form and legality
Kevin No -ell
Assistant County Attorney
[17 -CED -01276/1362511/1]
in
Date:
Penny Taylor, Chairman