Agenda 12/12/2017 Item #16A 212/12/2017
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$46,662.91 for payment of $512.91 in the code enforcement action entitled Board of County
Commissioners v. Pedro A. Tur and Bexaida Carralero, Code Enforcement Board Case No.
CESD20160000728 relating to property located at 271 Leawood Circle, 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 $46,662.91 for payment of $512.91 in relation to Code Enforcement Board
Case No. CESD20160000728.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Pedro A. Tur and Bexaida Carralero, in Case No. CESD20160000728 for
code violations at 271 Leawood Circle, consisting of permit PRBD20120409082 expired without
obtaining a Certificate of Completion. The lien was recorded in the Official Records on March 6, 2017,
at O.R. Book 5368, Page 3387. The lien amount of $46,662.91 is based on 233 days of accrued fines
($200 per day from October 27, 2016 through June 16, 2017) $46,600 plus $62.91 in operational costs.
The property was brought into compliance on June 16, 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 pursued
abatement and compliance has been achieved. Mr. Tur and Ms. Carralero stated they had difficulty
understanding the Code Enforcement Board proceedings because of a language barrier. Ms. Carralero
states she misunderstood what needed to be done. However, Ms. Carralero was afforded an interpreter at
the hearing and at that time, there were no misunderstandings. Ms. Carralero is currently the only
occupant of this property, she is unemployed and is in extreme financial hardship. The payment of fines
would potentially cause her to lose the property. The property is being actively maintained and $512.91
has been paid in settlement of fines. The owner is requesting a waiver of $46,150 in accrued fines, see
attached hardship letter as required. There are no known violations.
FISCAL IMPACT: Payment of $512.91 in settlement of fines has been made, representing $450 in
fines and $62.91 in operational costs. If approved by the Board, accrued fines in the amount of $46,150
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 $46,150, accept payment amount of
$512.91, release the lien, and authorize the Chairman to sign the attached release a nd satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
12/12/2017
ATTACHMENT(S)
1. Release of Lien - KN signed(2) (PDF)
2. Lien Order (PDF)
3. Hardship ltr (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 3875
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $46,662.91 for payment of $512.91 in the code enforcement action entitled Board of
County Commissioners v. Pedro A. Tur and Bexaida Carralero, Code Enforcement Board Case No.
CESD20160000728 relating to property located at 271 Leawood Circle, Collier County, Florida.
Meeting Date: 12/12/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
10/03/2017 4:22 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
10/03/2017 4:22 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 10/04/2017 9:49 AM
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 11:15 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/04/2017 1:20 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/04/2017 3:29 PM
Growth Management Department James French Deputy Department Head Review Completed 11/01/2017 2:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2017 4:10 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/13/2017 11:34 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/13/2017 2:22 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/26/2017 2:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 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:
PEDRO A. TUR AND BEXAIDA CARRALERO,
Respondent
The lien was recorded on March 6, 2017, in Official Records Book 5368, Page 3387, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of forty six
thousand six hundred sixty two and ninety one cents ($46,662.91), 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
M
Date:
In
Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Date:
INSTR 5374593 OR 5368 PG 3387 RECORDED 3/6/2017 11:29 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. — CESD20160000728
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
PEDRO A. TUR and
BEXAIDA CARRALERO,
Respondent.
Co
THIS CAUSE came before' the
Fines/Liens on February 23, 2017, d
appropriate matters, hereupon is s it�,
r�.
ter's Motion for Imposition
argument respective to all
ement Board, as follows:
1. On July 28, 2016, Respon dts\were found guilty of v*0,w
r County Land Development Code
04-41, as amended, Sectt ? 02,06(B)(1)(a) due� I]120120409082 expired without
obtaining a Certificate of C�le ' n, which violationn the property located at 271 Leawood
Circle, Naples, FL, Folio # 546 Legal: LEAWSLOT 43).
2. An Order was entered by the Code Entirt �e&;e�rtng'Respondent to abate the violation on or
before October 26, 2016, or a fine of $200.00 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 5301, PG 953).
3. Operational costs of $65.01 incurred by the County in the prosecution of this case were ordered to be paid.
4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did 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.
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 $200.00 per day are assessed against the Respondents for 120 days for the period from
October 27, 2016 through February 23, 2017 for a total amount of fines of $ 24,000.00.
*** OR 5368 PG 3388 ***
C. Respondents shall pay operational costs for the Imposition of Fines hearing in the amount of $62.91.
D. Respondents are ordered to pay fines and costs in the total amount of $24,062.91 or be subject to Notice of
Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
The daily fines of $200.00 shall continue to accrue until abatement has been confirmed by a Collier County
Code Enforcement Investigator.
DONE AND ORDERED this 2a— day of, 2017 at Collier County, Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknow
2017 y Robert Kaufman, Chair of th
personally known to me or
0ann
Blailco
Comt+ss+l n # FPW
Expires: April 1, 7
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PAYMENT OF FINES: Any fin
Code Enforcement Department, 28 fY1
www.colliergov.net. Any release of 'd
obligations of this Order may also be c
ap s, Florida 3 4
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me this qJ
ement Board of lfet ur
uc a Florida 'v
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I to be paid pursue
Horseshoe Drive,
onfirmation of co:
;fat this location.
1.411
APPEAL: Any aggrieved party may appea fi er 10a6 the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal s 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 Board's
Order.
, Florida, who is
:nse as identification.
be paid at the Collier County
, Phone: (239) 252-2440, Website:
nation of the satisfaction of the
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDFR has been set by U. S. Mail to Pedro A. Tur
and Bexaida Carralero, 271 Leawood Circle, Naples, FL 34104 this day of 2017.
Co a nfor nt Official
Wale Ol rw;iJd
County of COLLIER
I HEREBY CERTFY rTHAT this is a true and
correct copy *(i document ori file in
Board hlingf6� 4 F MAg bt olfie[ County
WITNES�5;in� n2nd and offsrial seW fhis
day of 4� lC;77
DWIGHTLL RK OF RTS
r � f
INSTR 5297952 OR 5301 PG 953 RECORDED 8/5/2016 9:32 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 118.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. — CESD20160000728
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
PEDRO A. TUR and
BEXAIDA CARRALERO,
Respondent.
.1R C'
THIS CAUSE came on for pu is ng before the Code Enfo envard on July 28, 2016, and the Code
Enforcement Board, having heard sf n ,tin er v evide at heard argument respective to all
appropriate matters, hereupon issue its indin o ac Order f the C e E farcement Board, as follows:
1. Respondents, PEDRO A. X C LE ers of the subject property.
2. Respondents were notified ate of hearing by cc Mai sting and the Code Enforcement
Board has jurisdiction of this
3. Respondents, having been duly n - .aFtltY►k uicing.
4-" CA
d. The real property located at 271 Leawoodrhe; Napl , FL, Folio #54670001061 (Legal: LEAWOOD
LAKES LOT 43) is in violation of Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) in the following particulars:
Permit PRBD20120409082 expired without obtaining a Certificate of Completion.
5. The violation has not been abated as of the date of the 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.2007-44, as amended, it is hereby ORDERED:
A. Respondents are found guilty of violating Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a).
B. Respondents must abate the violation by obtaining all required Collier County Building Permit(s) or
Demolition Permit, inspections and Certificate of Completion/Occupancy on or before October 26, 2016, or
a fine of $200.00 per day will be imposed for each day the violation remains thereafter.
*** OR 5301 PG 954 ***
C. If Respondents fail 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 Sheriffs Office for the purpose of accessing the property for abatement. All
costs of abatement shall be assessed against the property.
D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $65.01
on or before August 27, 2016.
E. Respondents shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this day of 2016 at Collier County, Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acl
2016, by Robert Kaufman, Chair
✓
personally known tome i
TARP
My comm
PAYMENT OF FINES: Any fines orderl•th ursuai
Enforcement Department, 2800 North Hors
www.colliergov.net. Any release of lien or conti " (-
obligations of this Order may also be obtained at this location.
BOARD
'Florida, who is
:nse as identification.
p KERRYRDAm
* My COIt.'.!!S$M i FF f3R721
Eartledx IN Bodg mwy Se
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Wr may be paid at the Collier County Code
34104, Phone: (239) 252-2440, Website:
or confirmation of the satisfaction of the
APPEAL: 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 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 Board's
Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Pedro A. Tur
and Bexaida Carralero, 271 Leawood Circle, Naples, FL 34104 this /31 --day of lle9n� 2016.
Stj!e Gi 'r iui, id
County of COLLIER
I HEREBY CERTIFY Tl IAT this is a true and
cxrect cc;, of ,q ;- rt -a f :: in
fio rd r "Ij s alO t cov q ier County
WIThL"S�ittyhu 11 is
:)WI l ` ti B Q I:,.CL` f�#t54 COURT
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t,,l.
CdRe Enforcement Official
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July 11, 2017
Dear Board of County Commissioners:
Our names are Pedro A. Tur and Bexaida Carralero, the following letter is to ask for a pardon on a lien
that has been placed on our home 271 Leawood Cir Naples, FL 34104.
The following happened due to misunderstanding of the information that was presented to us in
English. We had gotten permits to do some home renovating on the exterior of our home. Then we
were told by the Association that we had to pause the construction until further notice. When this
occurred the permit was already paid and some work had already begun. After multiple attempts to
speak with the Association we had to discontinue the work unknowing that the permits needed to be
closed and cancelled with the County since the work was not completed.
We did not understand that everything had to be returned to the original state, even though we went to
the County multiple times in an attempt to finish and close everything on the now expired permits. The
County was telling us that the construction had to continue, while the Association said no construction
could be done for any reason. The back and forth resulted in the task at hand not being completed by
the imposed due date. The end result being a lien on our home. We want to make sure that it is
understood that we did not do this on purpose nor were we unwilling to finish what needed to be done
(after we paid all the permits), it was simply a miscommunication and misunderstanding that involved
multiple parties. In fact after the second hearing, when we were told exactly what was required by the
inspector, it was done the next day after the hearing. We were also told that a PARDON was possible if
we wrote to you and explained everything that occurred.
At this time we are unable to pay more than the already paid operational costs since we are going
through a difficult family matter which is adding to our severe financial hardship and we would sincerely
appreciate any financial assistance to the household.
We'd like to thank you in advance for your time and apologies for the misunderstanding.
Sincerely,
Bexaida Carralero
O-ttw
14 S70 •d 0
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.g 512.91