Agenda 11/14/2017 Item #16A1211/14/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of code enforcement liens with an accrued value of
$233,050 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Dusan Petric. Code Enforcement Board Case No. CESD20100004782 relating to
property located at 3122 Santa Barbara Blvd, 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 $233,050 for payment of $500 in relation to Code Enforcement Board Case
No. CESD20100004782.
CONSIDERATIONS: As a result of code violations at 3122 Santa Barbara Blvd, consisting of an
unpermitted shed. The liens were recorded in the Official Records on February 1, 2011, at O.R. Book
4647, Page 2992. The lien amount of $233,612.20 is based on 2,335 days of accrued fines ($100 per day
from November 16, 2010 through April 7, 2017) $233,500 plus operational costs in the amount of
$112.20. An additional $450 in fines and $112.20 operational costs were previously paid. The property
was acquired by Luis Chavarriaga via Certificate of Title recorded on February 14, 2017. The new owner
brought the property into compliance on April 7, 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 new property owner. Luis
Chavarriaga took title to this property with uncorrected code violations. The new owner purchased t his
property at the Collier County Auction. He was unaware of any violations on the property. 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
$232,550 in accrued fines, see attached hardship letter as required. There are currently 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 $232,550 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 $232,550, 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
ATTACHMENT(S)
1. Release of Lien - KN signed(1) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 3881
Item Summary: Recommendation to approve the release of code enforcement liens with an
accrued value of $233,050 for payment of $500 in the code enforcement actions entitled Board of County
Commissioners v. Dusan Petric. Code Enforcement Board Case No. CESD20100004782 relating to
property located at 3122 Santa Barbara Blvd, Collier County, Florida.
Meeting Date: 11/14/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
10/03/2017 5:11 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
10/03/2017 5:11 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 10/04/2017 10:16 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/04/2017 11:39 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/05/2017 9:59 AM
Growth Management Department James French Deputy Department Head Review Completed 10/05/2017 10:05 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/05/2017 10:37 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/05/2017 1:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/09/2017 4:39 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2017 2:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/24/2017 9:15 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/01/2017 11:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 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:
DUSAN PETRIC,
Respondent
The lien was recorded on February 1, 2011, in Official Records Book 4647, Page 2992, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of two
hundred thirty three thousand six hundred twelve and twenty cents ($233,612.20), 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
13
Date:
in
Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality
Z --
Kevin Noell
Assistant County Attorney
Date:
INSTR 4521583 OR 4647 PG 2992 RECORDED 2/1/2011 9:53 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. — CESD — 2010-0004782
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DUSAN PETRIC,
Respondent.
co
THIS CAUSE came Vefa* th cial Mag'tz
Motion for Imposition of Figes/I_ j1j
r 2
argument respective to all a roll a t, h u
Special Magistrate, as follow
1. On October 15, 2010, Respdnten vas found guilty
Edition, Chapter 1 Permits, Sccti hkj6� ,I. or shed wi
property located at 3122 Santa Barbara tiBivtt
for �ublie hearing upon the Petitioner's
e S ecial Magistrate, having heard
Fin ings of Fact and Order of the
J
f�
ajtO� f the Florida Building Code, 2007
Nm6it. which violation occurred on the
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 15, 2010, or a fine of 5100.00 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 4621, PG 2412).
3. Operational costs of $112.20 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 0744 has been timely filed.
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.07-44, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
*** OR 4647 PG 2993 +**
B. Daily fines of S100.00 per day are assessed against Respondent for 60 days for the period from
November 16, 2010 to January 14, 2011 for a total amount of fines of S6,000.00.
C. Respondent shall pay the previously assessed operational costs of $112.20.
D. Respondent is ordered to pay fines and costs in the total amount of $6,112.20 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida.
E. The daily fine of S 100.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this A day of Jv'%U6W 2011 at Collier County, Florida.
c QUA
COLLIER L'E
.---. SPECIAL MA
CODE ENFORCEMENT
ATE
PAYMENT OF FINES: Any fia` f— d to be paidpurW4h4 tt7 this order may be paid at the Collier
County Code Enforcement Department-28t�iY'M�itbyr Drive, Naples, FL 34104, fax #(239) 252-
2343. Any release of lien or confirmatio-n ae or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
APPEAL RIGHTS: 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) — Dusan Petric
Collier Co. Code Enforcement Dept.
stave at
:ovnty of COLti®t�-
I HEREBY CERTIFY THAT #Its h ! 1AM ilii
.orrect copy of a oocutnem 4a1W IA
Board Minutes and Recom odf CopNr Ooa*-
Afar SS my n a V..Vw
aav of57r
:DWIGHT L SMI, CLERK CW D0tlR1i
INSTR 4493353 OR 4621 PG 2412 RECORDED 11/8/2010 9:58 AM PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CESD-2010-0004782
1
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
DUSAN PETRIC,
THIS CAUSE came on
the Special Magistrate, having
respective to all appropriate m`
of the Special Magistrate, as f
1. Respondent, Dusan
Respondent.
1
DER OF TRIVIOIJC"-__i
� V
Flo hearing before the
/es Aestivnenv under cal
v'
2. Respondent was notified o
Magistrate has jurisdiction of this m
3- Respondent, having been duly
�• 1 a - a r��. C
owner of the subj , r+rt v
of hearing by
istratc on October 15, 2010, and
evidence, and heard argument
Conclusions of Law, and Order
posting and the Special
.W-kn"`',
r at the hearing.
4. The real property located at 3122 Santa Barbara Blvd., Naples, Florida, Folio #36459080001, is in
violation of Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1, in the following
particulars:
Shed -no permits.
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.0744, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Florida Building Code, 2007 Edition, Chapter 1
Permits, Section 105.1.
B. Respondent must abate the violation by applying for and obtaining valid Collier County Permits
to repair the shed and all required inspections and Certificate of Occupancy/Completion or by obtaining a
OR 4621 PG 2413
Collier County Demolition Permit to remove the shed and all required inspections and Certificate of
Completion on or before November 15, 2010 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 violations. 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
$112.20 on or before November 15, 2010.
E. Respondent shall notify the Code Enforcement Investigator, Carmelo Gomez, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this
County, Florida.
CODE ENFORCEMENT
ATE
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order maybe paid at the Collier
County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #(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. 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'ta" °' ' L':Fttt)A
;ounty of CCLL10
cc: Respondents — Dusan Petric Y L '
Collier Co. Code Enforcement Dept. + HER>r�Y CERTI...TKAT� is o tNsn�
orrect coor19€.a itnc eti:.onJiiete IR
ivard!rl �nu�(�F dnR RECoi bt Trotiisr 4'WJ*
IVI'MESS ;rn+ 'nan6 end offloia- wl this
-)WIGHT E.' B". GLE3 iK VF COU
*** OR 4621 PG 2414 ***
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Board Of Collier County Commissioners
and /or
Iliana Burgos
Operations Supervisor.
Growth Management Department
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
239-252-6865
Attention: Board Of Collier County Commissioners
I Luis F Chavarriaga, purchased property 3122 Santa Barbara Blvd Naples FL at the Collier
County Auction and received title on February 16th 2017.
When I purchased the house I was not aware of any County violations on the property.
A couple of weeks from the time I received title, I received a visit from Mr.
Boris Molina, (a member of the Collier county Code Enforcement Division).
Nor. Molina informed me that there was a County violation on the property;
the very next day I corrected the violation and proceeded to inform Mr. Molina.
Called Mr. Molina on 4/6/2017, 4/7/2017 and again on 4/7/2017
and informed him that the correction had been taken care.
The above mentioned property is the very first property I buy at the Collier County
Court House and unfortunately I did not know how bad the property was and I did not
anticipate the large amount of money required to fix it.
I used all my savings and acquired some large loans to fix the house,
at this moment I am struggling to pay back the loans and
if I have to pay the $2200. in fines for violations I did not commit, I am afraid I will be in
jeopardy of falling behind on my loans and possibly loosing my house.
I would kindly ask for you to consider my case and understand the hardship this
fines will impose on me.
will greatly appreciate if you would consider waiving the fines or at least reduce it
substantially. at this moment the max amount I am able to pay for the
fines is $500.
1 really appreciate your help.
Thank you
Luis F Chavarriaga
5911 Star Grass Ln
Naples FI 34116
239 200 3848
digflorida@yahoo.com