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Agenda 01/27/2015 Item #16A 8 1/27/2015 16.A.8. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $206,586.43, for payment of $536.43, in the code enforcement action entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No. 2006081159, relating to property located at 2864 10th Ave SE,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code enforcement lien with an accrued value of$206,586.43, for payment of$536.43, in relation to Code Enforcement Board Case No. 2006081159. CONSIDERATIONS: As a result of a code violation at 2864 10th Ave SE, which consisted of clearing of the property, in excess of an acre, without the required Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Frank Paz in Case No. 2006081159. The lien was recorded in the Official Public Records on May 5, 2009, at O.R. Book 4449, Page 2338, and it encumbers all real and personal property owned by Frank Paz. The lien amount of $206,586.43 is based on 2,065 days of accrued fines (January 30, 2009 through September 25, 2014)at$100 per day plus $86.43 in operational costs. The code case was opened in 2006 and Mr. Paz was unable to comply with the order due to his financial hardships as evidenced in the attached letter. In the letter he states that the prospective buyers at the time, now new owners, were the ones who, at their own risk, spent a great deal of time and costs associated in bringing this property into compliance before they purchased it. The property was brought into compliance by the then prospective buyers on September 25, 2014. A warranty deed was recorded on December 3, 2014 in favor of Ramon and Teresita Barroso. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of a code enforcement lien 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. The new owners have been actively maintaining the property and have paid $536.43. The new owners are requesting the waiver of$206,050 in accrued fines. FISCAL IMPACT: Payment of the $536.43 fine has been made representing $450 in fines and $86.43 in operational costs. If approved by the Board, accrued fines in the amount of$206,050 would be waived. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. 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 [14-CED-00976/1 1 41 33 3/1] Packet Page-191- 1/27/2015 16.A.8. RECOMMENDATION: That the Board of County Commissioners waive the fines in the amount of $206,050, accept payment amount of $536.43, 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: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachments: 1)Release and Satisfaction of Lien 2)Lien Order 3)Hardship Letter [14-CED-00976/1141333/1] Packet Page-192- 1/27/2015 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$206,586.43,for payment of$536.43, in the code enforcement action entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No. 2006081159, relating to property located at 2864 10th Ave SE, Collier County, Florida. Meeting Date: 1/27/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator,Code Enforcement 12/17/2014 10:47:05 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/6/2015 1:19:21 PM Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 1/7/2015 1:19:29 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 1/7/2015 1:46:24 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 1/14/2015 10:02:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2015 1:55:47 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Packet Page-193- 1/27/2015 16.A.8. Date: 1/15/2015 9:08:18 AM Name: FinnEd Title:Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 1/20/2015 8:55:27 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/20/2015 10:21:05 AM Packet Page-194- 1/27/2015 16.A.8. This Instrument Prepared By: Jeff Wright Code Enforcement Department 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: Frank Paz Respondent The lien was recorded on May 5, 2009, in Official Records Book 4449, Page 2338, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight thousand four hundred eighty-six dollars and forty-three cents ($8,486.43), 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 Tom Henning, Chairman Approved as to form and legality Kevin Noel! Assistant County Attorney Packet Page-195- Beta: 4291040 OR: 4449 PG: 2338 1/27/2015 16.A.8. CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RIC FEE 18.50 INTEROFFICE 05/05/2009 at 10:51AX DWIGHT B. BROCR, CLERK ATTN: JEN WALDRON CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006081159 vs. FRANK PAZ, Respondent / ORDER IMPOSING FINE/LIEN THIS CAUSE having come be Ro11 Tom.`' Code Enforcement Board at public hearing on April 23,2009, on Co . : otion for Imp* i Fines/Liens,and the Board having heard the matter and be, g • • , :• ' -d in the 'remis- • an WHEREAS,this matt r w: heard - ode a force ent oard on October 31,2008, after due notice to Respond- tat 3TFP!tt'mo y un der oath received evidence,and issued its Findi ,8 thOrder which was reduced to ) on November 6, s d ' hed to Respondent and was recorded in the Public Records o O r County, Florida a •'1407, PG 1775, et. seq.on November 13,2008;and WHEREAS, IHE c, -� an Affidavit of Non-Corn • e as been filed with the Board by the Code Enforcement Official,which Affidavit certified under oath that the required corrective action has not been taken as ordered; and WHEREAS,it having been brought to the Board's attention that Respondent has not complied with the Order dated November 6,2008, it is hereby ORDERED that the Respondent, Frank Paz,pay to Collier County fines in the amount of $8,400 for the period of January 30,2009 through April 23,2009(84 days) at a rate of$100 per I day,plus$86.43 for the operational costs incurred in the prosecution of this case for a total of $8,486.43. IT IS FURTHER ORDERED that the fines and operational 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. Packet Page-196- 1/27/2015 16.A.8. * OR: 4449 PG: 2339 *** 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 nova, 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 ft day of April,2009 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ,its.:.✓F /t p, ;g•! ,�,ebvr,, Chair f i; �'r'' rseshoe Drive Naples, - 4104 STATE OF FLORIDA ) - COUNTY OF COLLIER) (-) (IC W &- The foregoing ins• . as acknow edged ' fore e t ' "" 1--day of April,2009,by Gerald Lefebvre,Chair of the = Enforcement Bo. ; r.l `-� •unty, Florida,who is personally known to `'.< who has prof - •' ,,trrida Driver's License as identification. �� WANDA RODRIG . j J 21,2011 NOTARY PUBLI • 4 Bm6dltru Troy Flirt ran:ea.Tl6 % My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD R as been sent by U. S. Mail to Frank Paz,2864 10'x'Avenue SE,Naples,Florida 34117 this ( ay of April,2009. u: r■.,UrtiLiA minty of COLLIER kCjit C HEREBY CERTIFY e1,111110 Ashton-Cicko,Esq. )sect copy of d qatime4iso Florida Bar No. 966770 oard Minutes an Ri{t olas-t OW Attorney for the Code Enforcement Board /1 T, SS my nagin atit Qua! Office of the County Attorne L day of Q`� Zc •- Y Y w 3301 East Tamiami Trail, Bldg. F BM* .'' • f!P COURTS Naples,Florida 34112 _. 0 (239)252-8400 Packet Page-197- 1/27/2015 16.A.8. Naples October 9,2014 COLLIER COUNTY CODE ENFORCEMENT COWER COUNTY BOARD OF COMMISSIONERS Reference: Frank Paz- Case#:20006081159 2864 10th Av SE Naples Ft.34117 Dear Sirs. I am writing this letter to let you know that I do not have any money or funds to pay the fine originated for the violation to the code enforcement rules.My hardship is real and let me explain you the chain of events that take me to this position.lam a truck driver;in 2009 I lost my job with Express Trucking. Around the same time I started to have marital difficulties and I separated from my wife,the mother of my two daughters.She started a legal process to get child support and finally we got to an amicable agreement but,I am still paying for child support.I have had to stop the payment of the mortgage and since that time rye been fighting for a loan modification but never was granted due to my lack of steady income.In 2011 I got a DUI in the State of Alabama and my Commercial Driver License was suspended. Being without work on a continuous basis and only doing some on call jobs just to have enough to survive;there's been times I've gone without nothing to eat.In August 2014 I got another DUI in Collier County and my Driver License Privileges were revoked indefinitely.With no income to pay any of these any fines at all and I am taking the risk to be sent to jail due to not being able to pay the court's fines caused by the DUI. In order to avoid the Foreclosure I have applied to participate in a Federal Program called HAFA,(Home Avoiding Foreclosure Alternatives).The property is under HAFA short sale process since June 2014 and the sale has been approved by the Bank owner of the loan,Select Portfolio Service.According to the bank,the property is in very bad conditions and unlivable.The bank valuated in$90,000.00 due to the repairs that must be done and are hoping to receive the funds before Nov 14th,2014.Then the property will be repaired and will look nice in the neighborhood,saving another property of foreclosure and abandon. Also let you know that in order to remedy the violation,the prospect buyer of the property pay for the trees that have been planted and for the labor done.I didn't have the money and the buyer did it under his own risk. This is the reality of my situation. Please,I request the fine to be waived in order to release the lien and sale the house without any profit for me,only a relocation incentive of$3,000.00 to relocate and start over with my life. Sincerely, V/r/7/4 Frank Paz. /67 C7_ %/i• Packet Page-198-