Agenda 02/24/2015 Item #16A11 2/24/2015 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$167,081.43, for payment of $1,381.43, in the code enforcement action entitled Board of County
Commissioners v. Doreen Bigica, Code Enforcement Board Case No. CESD20120004188, relating
to property located at 2391 19th Street SW,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 $167,081.43, for payment of $1,381.43, in
relation to Code Enforcement Board Case No. CESD20120004188.
CONSIDERATIONS: As a result of a code violation at 2391 19th Street SW, which consisted
of a garage door converted into a double glass door without obtaining the required Collier
County permits, the Code Enforcement Board ordered the imposition of a lien against Doreen
Bigica in Case No. CESD20120004188. The lien was recorded in the Official Public Records on
December 17, 2012, at O.R. Book 4865, Page 2596, and it encumbers all real and personal
property owned by Doreen Bigica. The lien amount of$167,081.43 is based on 668 days of
accrued fines (October 23, 2012 through August 21, 2014) at $250 per day, plus $81.43 in
operational. The property is in compliance as of August 21,2014.
This property was purchased on December 18, 2013 by NKY Acquisitions, LLC who were
unable to comply with the order until August 2014,due to the financial and operational hardships
explained in the attached hardship letter.
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 $1,381.43. The new owners
are requesting the waiver of$165,700 in accrued fines.
FISCAL IMPACT: Payment of$1,381.43 in fines has been made representing $1,300 in fines
and $81.43 in operational costs. If approved by the Board, accrued fines in the amount of
$165,700 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
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of$165,700, accept payment amount of$1,381.43, release the lien, and authorizes the
[15-CED-00991/1148591/1]
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2/24/2015 16.A.11.
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
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
[15-CED-00991/114859 v1]
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2/24/2015 16.A.11 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$167,081.43,for payment of$1,381.43, in the code enforcement action
entitled Board of County Commissioners v. Doreen Bigica, Code Enforcement Board Case No.
CESD20120004188, relating to property located at 2391 19th Street SW, Collier County, Florida.
Meeting Date: 2/24/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator,Code Enforcement
1/28/2015 4:42:37 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 1/30/2015 4:55:23 PM
Name: WrightJeff
Title:Director-Code Enforcement,Code Enforcement
Date: 2/3/2015 2:10:21 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/9/2015 8:43:55 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/11/2015 8:40:01 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date: 2/11/2015 9:16:07 AM
Name: KlatzkowJeff
Title: County Attorney,
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2/24/2015 16.A.11 .
Date: 2/12/2015 9:43:39 AM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 2/12/2015 11:54:12 AM
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2/24/2015 16.A.11 .
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:
Doreen Bigica
Respondent
The lien was recorded on December 17, 2012, in Official Records Book 4865, Page 2596, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
nine thousand five hundred eighty-one dollars and forty-three cents ($9,581.43), 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 Tim Nance, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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, INSTR 4775384 OR 4865 PG 2596 RECORDED 12/17/2012 10:59 AM PAGES 2 2/24/2015 16.A.11.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS, .
COLLIER COUNTY,FLORIDA,
Petitioner, CASE NO.:CESD20120004188
vs.
DOREEN BIGICA,
Respondent
O• 11 A' v:.s it
O• • Q4.•
THIS CAUSE came on for pubp'��g before the Board on .:ust 2. ,2012,after due notice to
Respondent at which time the Board heard t t nanptutder oath,received e'idenci,and issued its Findings of Fact
and Conclusions of Law and thereu tt iss d it otalQrder wh+c ��ts reducc�ci to•atting on August 28,2012,and
furnished to Respondent and was rec?rded'• b c.•• • • • ty,Florida at OR 4832,PG 1953,
et.seq.on September 5,2012 covering th p .e .t i + %th 'tr t S\W.,Naples,Florida 34117,
Folio 45965880003,more particularly de •cn• • ••th S u • 8• t o .ct 7k),G LDEN GATE ESTATES,
Unit 195,according to the Plat there !• ••k at P.s +2, Public Records of Collier
County,Florida. -. :,
An Affidavit of Non-Complia been filed with the B d •y de Enforcement Official on
November 29,2012,which Affidavit ce ' ied under oath that the require votive action has not been taken as
ordered. 2 ���
Accordingly,it having been brought to th B �s auuett i D at Respondent has not complied with the
Order dated August 28,2012,it is hereby
ORDERED,that the Respondent,Doreen Bigica,pay to Collier County fines in the amount of$9,500.00
(Order Items I &2)at a rate of$250/day for the period of October 23,2012 through November 29,2012(38
days),plus the operational costs of$81.43,for a total of$9,581.43.
IT IS FURTHER ORDERED that the fines 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.
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. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 3‘1‘) day of DIE. ,2012 at Collier County,Florida.
CODE E •RCEMENT BOARD
CO R C.'�'f' ORIDq�
Brr -� aI41
••. Kaufman,Chi ,
28•1 North Horseshoe g ri
aples,Florida 34 •• ■
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/*'** OR 4865 PG 2597 *** 2/24/2015 16.A.11 .
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 31%ay of________________A ,
2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
ersonally known to me or who has produced a Florida Driver's License as identification.
KR S INE TWENTE 4 AA_ ._- ry,._ , tf it..`
,".1NOTARY PUBLIC
`�. Notary Public-State of Florida
•� 4 My Comm.Expires Jun 18.2015 My commission expires:
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"'• fiet;•••' Bonded Through National Notary Assn. RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and c•. - ,••, •: •'3 •• .ER has been sent by U.S.Mail to Doreen
Bigica,2391 19th Street S.W.,Naples,F1on P(7` 1 . •
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2/24/2015 16.A.11 .
On Dec 10, 2014, at 2:44 PM, "pneale @patrickneale.com<mailto:pneale @patrickneale.com>"
<pneale@ patrickneale.c om><mailto:pneale@ patrickneale.com» wrote:
Jeff
I have some information for you and will get you the actual costs of mitigation when I have them.
NKY purchased this property and was working at the time with a "partner" who held himself out as a
licensed contractor who was going to handle all code issues and repairs. The purported contractor, Mr.
Joel Rodriguez, was not in fact a contractor. The relationship between Mr. Rodriguez and NKY degraded
and Mr. Rodriguez threatened litigation and my client also believed it had very solid grounds for a claim
against Mr. Rodriguez. The dispute was settled on June 17, 2014 at pre-suit mediation and the
settlement memorialized in a settlement agreement which contains a non-disparagement clause.Thus, I
am bound by the terms of that agreement not to disclose details of the issues with Mr. Rodriguez, other
than to say that the work was not completed by him and in fact could not have been due to the fact that
he was unlicensed. Once the disputes were settled, my client acted with great diligence to come into
compliance and did so by August 21, 2014. The dispute with Mr. Rodriguez also caused my client to be
unable to collect rents on the properties or market them due a variety of issues surrounding that
dispute. The lack of income from this and other properties my client also own put NKY into financial
difficulty, from which it is beginning to extricate itself. I wish I could provide more precise details on the
problems during the period from January 1 until June, but the terms of the settlement agreement
prevent me from doing so. However, my client is simply unable to pay a fine of in excess of$54,000.
I look forward to your response.
Best regards,
Pat
Patrick H. Neale
Patrick Neale &Associates
Attorney at Law
Primary Office:
5470 Bryson Court, Suite 103
Naples, FL 34109
Marco Island Office:
950 North Collier Blvd. Suite 400
Marco Island, FL 34145
Phone: 239 642-1485
Fax: 239 642-1487
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