Agenda 03/10/2015 Item #16A 6 3/10/2015 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve two releases of code enforcement liens with a combined accrued value
of $316,600, for payment of $1,000, in the code enforcement action entitled Board of County
Commissioners v. Kirstin C. Martucci,Code Enforcement Board Case Nos. CELU20110006574 and
CESD20110008406, relating to property located at 311 16th Avenue NE, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined accrued value of $316,600 for payment of $1,000, in
relation to Code Enforcement Board Case Nos. CELU20110006574 and CESD20110008406.
CONSIDERATIONS: As a result of various code violations at 311 16th Avenue NE, as
reflected below, the Code Enforcement Board ordered the imposition of two liens against Kirstin
C. Martucci as follows:
The lien in Case No. CELU20110006574 was recorded in the Official Records on March 13,
2013, at O.R. Book 4895, Page 2293 (running a concrete business and parking employee
vehicles on Estates zoned property without a valid Collier County occupational license). The
lien amount of$209,650 is based on 599 days of accrued fines for order items 1 & 3 ($100 per
day from January 27, 2013 through September 17, 2014) and 599 days of accrued fines for order
items 2 & 4 ($250 per day from January 27, 2013 through September 17, 2014). The property
was brought into compliance on September 17, 2014.
The lien in Case No. CESD20110008406 was recorded in the Official Records on March 13,
2013, at O.R. Book 4895, Page 2291 (a 384 square-foot shed, built without the required Collier
County permits and a 6-foot chain link fence with an expired permit). The lien amount of
$106,950 is based on 713 days of accrued fines ($150 per day from January 27, 2013 through
January 9, 2015). The property was brought into compliance on January 9, 2015.
This property was purchased on July 27, 2009 by Kirstin C. Martucci. She was unable to comply
in a timely manner, due to financial hardships as 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 owner
has been actively maintaining the property and has paid a settlement of$1,000. The owner is
requesting the waiver of$315,600 in accrued fines.
FISCAL IMPACT: Payment of $1,000 in settlement has been made, and if approved by the
Board, accrued fines in the amount of $315,600 would be waived. In both cases, operational
costs were paid prior to lien imposition.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
[15-CED-01000/]151640/1]
Packet Page-456-
3/10/2015 16.A.6.
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 $315,600 accept the settlement 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: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: 1)Release and Satisfaction of Lien
2)Lien Orders
3)Hardship letter
[15-CED-01000/1 1 5 1 640/1]
Packet Page-457-
3/10/2015 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve two releases of code enforcement liens
with a combined accrued value of$316,600,for payment of$1,000, in the code enforcement
action entitled Board of County Commissioners v. Kirstin C. Martucci, Code Enforcement Board
Case Nos. CELU20110006574 and CESD20110008406, relating to property located at 311 16th
Avenue NE, Collier County, Florida.
Meeting Date: 3/10/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
2/10/2015 11:48:43 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/11/2015 11:25:28 AM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 2/12/2015 10:25:02 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/12/2015 4:45:03 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/25/2015 9:10:10 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25/2015 1:17:31 PM
Packet Page-458-
3/10/2015 16.A.6.
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/2/2015 9:11:00 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/2/2015 11:25:17 AM
Packet Page-459-
3/10/2015 16.A.6.
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:
Kirstin C. Martucci
Respondent
The lien was recorded on March 13, 2013, in Official Records Book 4895, Page 2293, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven
thousand five hundred fifty dollars ($11,550), 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
/12/://1
Kevin Noell
Assistant County Attorney
Packet Page -460-
3/10/2015 16.A.6.
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:
Kirstin C. Martucci
Respondent
The lien was recorded on March 13, 2013, in Official Records Book 4895, Page 2291, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand nine hundred fifty dollars ($4,950), 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
- --7,',->'"/-e)////a1/4/
Kevin Noell
Assistant County Attorney
Packet Page -461-
INSTR 4810510 OR 4895 PG 2293 RECORDED 3/13/2013 10:06 AM PAGES 2 3/10/2015 16.A.6.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
0 COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CELU20I 10006574
vs.
KIRSTIN C.MARTUCCI,
Respondent
ORp1kf1v POS114 actEN
THIS CAUSE came on for pubji>r.hkr before the Board o ember 18,2011,after due notice to
Respondent at which time the Board heir ; imony under oath,receiv evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon isle• a • whit was reduced writing on November 22,2011,
and furnished to Respondent and MIS recordetl'in f Publi Recor• of Coil'er nty,Florida at OR 4744,PG
1118,et.seq.on December 8,2011L T14 o 1 •- •,• • I 'ed a\311 16th Avenue N.E.,Naples,
FL 34120,Folio 37493560007,mo e pate 1ar de cr e' �,t e't fe t of�Tract 49,GOLDEN GATE
ESTATES,Unit No. 18,according to ttiplat t eof,2 r r•-• in t 1iooI77,Page 7 of the Public Records,
Collier County,Florida. L.J v
411 An Affidavit of Non-Comp is has been filed with th , and b}*Ade Enforcement Official on
January 29,2013,which Affidavit cei't18�dvnder oath that the regi iced 9rreetive action has not been taken as
ordered. \`j°
Accordingly,it having been broughttq,tt ® rd' -alt at{onLtbat�Respondent has not complied with the
Order dated November 22,2011,it is hereby "`'`,J' t---1_!...- mil
ORDERED,that the Respondent,Kirstin C.Martucci,pay to Collier County fines in the amount of
$3,300.00(Order Items 1&2)at a rate of 5100/day for the period of January 27,2013 through February 28,2013
(33 days)and fines in the amount of$8.250.00(Order Items 2&4)at a rate of$250/day for the period of January
27,2013 through February 28,2013(33 days)for a total of$11,550.00. The operational costs have been paid.
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�sh�a�ll not stay the Board's Order.
DONE AND ORDERED this 4 day of ►K,t ),2013 at Collier County,Florida.
State of Florida COD •'-ORCEMENT :OARD
County of COLLIER Cr. 14 TY • OR1DA
I HEREBY CERTIF Y Thg tips true and B �'1.
r.correct cop}of a t"octi?;rttl it+° R•11""Kai an,C i it
Board tstin+u es ghd Ref6(us o=� ''r Courtly 281,4 N ors-:toe Drive
Wi h SS my iia"0�:,d Crt+�loi S +1 tr;_: Napl .• 34104
DWIGHT E.BROtt4,.CLEPK OF COJRTTSS'�
6.C._____---
Packet Page -462-
*** oR 4895 PG 2294 *4* 3/10/2015 16.A.6.
•
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) ,
The foregoing instrument was acknowledged before me this 4 day of `v fin�(,l Y-c)1'1
201y3 -by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
V personally known to me or who h•.. produce' Florida'Driver's License as identification.
• 210 11111.u �� "' KAREN G BAILEY
NO ARY PUB=' MY COMMISSIONS EE678121
My commission expires: +'EXPIRES February 14,2017
CERTIFICATE OF SERVI °''' 53 �. ays<
I HEREBY CERTIFY that a true and corraot-copyof this ORDER has been sent by U.S.Mail to Kirstin
C.Martucci,311 16Th Avenue N.E.,Naples,FL 4 1\, iis dap . 2013.
`\
/7C.)-17 x,/1"7 , '' r
• . •s,.'.wson,Esc} \
''Ititida Bar No.7503N ti
Mtqo nforcement Board VP7 I
8C191dootiletie o �I�.0 Ste.1210
\�va}sl ,Florida 41 2 t_...'
bT-8206 ` `t
• 1'
f
C\—` -
Packet Page -463-
INSTR 4810509 OR 4895 PG 2291 RECORDED 3/13/2013 10:06 AM PAGES 2 3/10/2015 16.A.6.
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, CESD20110008406
vs.
KIRSTIN C.MARTUCCI,
Respondent
OR1 VE
THIS CAUSE came on for pub14.40 before the Boar •TI v. ber 18,2011,after due notice to
Respondent at which time the Board hear imony under oath,receive evta ce,and issued its Findings of Fact
and Conclusions of Law and thereupon isi ett'irrdrBt whic>rt iwas re ced h writing on November 22,2011,
and furnished to Respondent and wa;recordeain'The,Pu • Record;:of Collier Cdunty,Florida at OR 4744,PG
q 20111` �• �. .: bated a\311 16a Avenue N.E.,Naples,
1115,et.se q.on December 8, ThF
FL 34120,Folio 37493560007,moke parfic(lar (de crbe ' e t fe t of Tact 49,GOLDEN GATE
ESTATES,Unit No. 18,accordinglto he plat therek,3s r9ct t ook 7,Page 7 of the Public Records,
Collier County,Florida. ---'� �`---'� `
' r�
• An Affidavit of Non-Complaan`0 has been filed with the��ard;by�thtr�pde Enforcement Official on
March 19,2012,which Affidavit cert ifikuader oath that the requtrec o e'action has not been taken as
ordered. \i �.
t apart n Respondent has not complied with the
Accordingly,it having been brougfiht tt1eQ ��_., P p
Order dated November 22,2011,it is hereby ` —`
ORDERED,that the Respondent,Kirstin C.Martucci,pay to Collier County fines in the amount of
$4,950.00(Order Items 1 &2)at a rate of$150/day for the period of January 27,2013 through February 28,2013
(33 days).The operational costs have been paid.
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 Iien 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 4 day of�/f r\.t`-c. ,2013 at Collier County,Florida.
State or t IOtiva COD •• ,..t!' EMENT BOARD
County of COLLIER Co LI • C ' Y ORIDA
I HEREBY CERTIFY THAT fias',s'a True and B 401412:11:
correct copy Cf a 'CU fit:'t 7 r1! ;+ <. Ror.""'" an C•.it
Board is in.te:a'ne P,G c s Cf^,,I art aunty 280 drth 'or • hoe Drive
:Iu!'saai Naples,Flo •a 34104
ay cf(,gs:xY- 1,01 b•
DWIGHT E.BROCA pLEaR`r:OF,GtURTTSS
Packet Page -464-
- 3/10/2015 16.A.6.
*** OR 4895 PG 2292 ***
• STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 4 day of 11 arCt1 ,
20 13, y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or who has •roduced . lorida Driver's License as identification.
J •
NOTARY PUBLI ¶ KAREN G BAILEY
My commission expires: ` ::: y COMMISSION ti Ee475121
704;7;i4;7..,:53. EXPIRES February 1a 2017 CERTIFICATE OF SERVICE •'+p1° s'1:°°"
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Kirstin
C.Martucci,311 16th Avenue N.E.,Naples,FL 341-20-41541----day ofi 1'0 12013.
V.,h k--(...)(7')i: (4,,f
' I
C-M.Jean' wson, q.
Irrda-Ber'No.75034 I
/ ...A fiirney forthe Code\Enforcement Board
l ( t.14. `ett K 1 Stell
2l0
f Is �. t
e.-.., , I 20-82
1
\',..•,
rte, j./ rf
IL Cir
•
Packet Page -465-
3/10/2015 16.A.6.
» From: Kirstin Martucci [mailto:davc8230aol.com]
» Sent: Friday, January 16, 2015 10:59 AM
» To: Burgoslliana
» Subject: Martucci letter of hardship
» To whom it may concern;
» My name is Kirstin Martucci, and I am the owner of 311 16th ave Ne,
Naples, Fl 34120. I am writing to you to please request a reduction in fines and
to please get the two liens off of my home.
» Our property has 2 liens:
» CELU20110006574: Lien OR 4895 PG 2293 total fines owed $209,650.00 [Order
Items 1 & 2 $100/day fine x 599 days (1/27/13 — 9/17/14) = $59,900.00 plus Order
Items 2 & 4 $250/day fine x 599 days (1/27/13 — 9/17/14) = $149,750.00]
» CESD20110008406: Lien OR 4895 PG 2291 total fines owed $106,950.00 [Order
Items 1 & 2 $150/day fine x 713 days (1/27/13 — 1/9/15) = $106,950.00]
» Let me start off by telling you a little bit about myself and my
family. My husband, Al, and I have 6 children here with us and one little girl in
Heaven. We also have three dogs. When we moved into our home in August of 2009,
we had just lost our 5th baby, a little girl named Angelina Grace, on June 30,
2009. Due to this, we had obtained a large amount of high medical bills which
were nearly impossible to pay. We got by for a while, but soon after we moved
into our home, my husband's partner at the time, decided he did not want to be
part of the concrete business any longer. He was also a firefighter and decided
he could not put in the time in the concrete business. Due to this we had to find
a way to buy the concrete pumps to keep the business going. Not only did our
family depend on this business, but we had 6 employees with families who counted
on us to keep their pay checks going also. Our business was extremely slow at the
time. We were barely making ends meet. We cut corners where ever we could, one of
the things we did was we parked our pumps in our back yard. We did not have the
money or credit to buy or rent a property. We did fix our back yard so that it
was landscaped, clean and nice. When we first had a complaint, and the county
came out, we got rid of the all the things they said were not up to code. The
only things we kept were the shed, where we had tools stored, and we had the
pumps parked there while we looked for an affordable piece of industrial
property. We finally found a piece of property off Market Ave.
» After we closed on the property we hired Blaire Foley as our engineer
so we could develop the property and move our pumps to an industrial zone. We got
started on our property right away, but we had to wait on the county before we
could develop any of it. It ended up taking a lot longer than expected. During
this time going back and forth between the county and our engineer, we were
spending money on the property, and paying the engineer so again we were unable
to afford to move our pumps off our property. Our property was about to get
cleared so that we would able to start clearing it and building on it, however,
there were so many easements and preserve areas that our half acre of industrial
land was not going to fit all of our pumps. We were devastated!
>> Soon after we learned that the property was going to be too small, we
had someone contact us with an offer to buy the property. It was a miracle! God
Packet Page-466-
3/10/2015 16.A.6.
answered our prayers! We never even put it up for sale! We sold it, but then we
were stuck again with no where to go. Industrial property, wether it be rent or
purchase, for what we need in Naples is nearly untouchable for a concrete pumping
business. Then it happened again, God answered prayers and we found a piece of
property we could afford! It was bigger and in a better location for us. We put
in a contract on it right away. At that time, the person who complained on us
started complaining again so we were forced to move off our property immediately.
We are now paying rent on a small piece up in Bonita Springs and we just
purchased 2&1/2 acres off of Beck Blvd.We are going to develop 1 acre off it of
as soon as we get county approval. Due to these circumstances we find ourselves
again strapped for money.
>> We are also hoping to get the liens off of our home so that we may
put our house up for sale so can we move closer to our new industrial property.
My husband, Al, works A LOT of hours, and he has to be close to the business in
case problems arise. Also, because he works so many hours, it would be impossible
to get a second job to help pay the fines we have acquired.
» I humbly ask you to please consider a reduction in our fines. I was
told to put in a number which I see as fair. I think it would be fair to pay
county administrative fees and costs associated with the 2 code cases. Please
consider our offer of $800. Thank you for your time.
» Sincerely,
» Kirstin Martucci
» Davc823 @aol.com
» 239-825-4924
» Sent from my iPad
Packet Page -467-