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Agenda 03/10/2015 Item #16A 7 3/10/2015 16.A.7. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $1,914.43, for payment of $714.43, in the code enforcement action entitled Board of County Commissioners v. Valente Hernandez, Special Magistrate Case No. CENA20130015260, relating to property located at 980 Auto Ranch Road(Lot 19),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$1,914.43, for payment of$714.43, in relation to Special Magistrate Case No. CENA20130015260. CONSIDERATIONS: As a result of a code violation at 980 Auto Ranch Road (Lot 19), which consisted of weeds and grass in excess of eighteen (18) inches in height, the Special Magistrate ordered the imposition of a lien against Valente Hernandez in Case No. CENA20130015260. The lien was recorded in the Official Public Records on May 23, 2014, at O.R. Book 5040, Page 2340, and it encumbers all real and personal property owned by Valente Hernandez. The lien amount of$1,914.43 is based on 33 days of accrued fines (February 15, 2014 through March 19, 2014) at $50 per day, plus $229.43 in operational and $35 in abatement costs. The property is in compliance as of March 19, 2014. This property was conveyed to Mr. Valente Hernandez on May 22, 2009 after the passing of his sister. Mr. Hernandez, who lives out of town, was unable to comply with the order until March 19, 2014, due to the logistics and financial 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 may 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 $714.43. The owner is requesting the waiver of$1,200 in accrued fines. FISCAL IMPACT: Payment of $714.43 in fines has been made representing $450 in fines, $229.43 in operational costs and $35 in abatement costs. If approved by the Board, accrued fines in the amount of$1,200 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 $1,200, accept payment amount of $714.43, release the lien, and authorize the [1 5-CED-00996/1150677/1] Packet Page-468- 3/10/2015 16.A.7. 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-00996/1150677/1] Packet Page-469- 3/10/2015 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$1,914.43,for payment of$714.43, in the code enforcement action entitled Board of County Commissioners v.Valente Hernandez, Special Magistrate Case No. CENA20130015260, relating to property located at 980 Auto Ranch Road (Lot 19), Collier County, Florida. Meeting Date: 3/10/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 2/10/2015 11:50:13 AM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 2/11/2015 11:37:45 AM Name: WrightJeff Title:Director-Code Enforcement, Code Enforcement Date: 2/12/2015 10:25:12 AM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 2/12/2015 4:42:57 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/25/2015 9:10:22 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/25/2015 1:18:01 PM Name: IsacksonMark Packet Page-470- 3/10/2015 16.A.7. Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/2/2015 9:11:13 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 3/2/2015 11:07:19 AM Packet Page-471- 3/10/2015 16.A.7. �I 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: Valente Hernandez Respondent The lien was recorded on May 23, 2014, in Official Records Book 5040, Page 2340, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one thousand nine hundred fourteen dollars and forty-three cents ($1,914.43), 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 Packet Page-472- INSTR 4986219 OR 5040 PG 2340 RECORDED 5/23/2014 9:16 AM PAGES 2 3/10/2015 16.A.7. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20130015260 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. VALENTE HERNANDEZ, Respondent. _/ ,,--- . ,it ( ,,,,.,,��, � �`� ORDER OE T1IE SPECIAL EMAGISTRATE 'IMPOSING FINES/LIENS v, THIS CAUSE came before. the Spec�i.al�agistrate for public hearing upon the Petitioner's Motion for Imposition of Fine /Liefnsc 2; ijy S'Iie Ma istrate,having heard argument respective to all appropriate ma rsf he u�on is ;\sr •M ',di/4s of tact and Order of the Special Magistrate,as follows: ,F' ,.h �, , ;) • `, FINDINGS OF T{t ,/ `f \ / I. On February 7,2014,Respo{ode i�14vas found guilty of. i Qialton of Collier County Code of Laws and Ordinances,Chapter 54,\Ale-V1;-,Section-5 }for weeds and grass in excess of 18 inches,which violation occurred hrop'eie tell-at 980 Auto Ranch Road,Lot 19, Naples,FL,Folio 4769720003(Legal s ion:20 51 27 E 62FT OF W 124FT OF N 145FT OF THE FOLLOWING: DESCRIBED AS:COMM SW CNR SEC,E 697.99,N 660FT). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 14,2014,or a fine of$50.00 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 5010,PG 3484). 3. Operational costs of$115.40 Mewled 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 2007-44,as amended,has been timely filed. 6. The violation has been abated as of March 19,2014. Packet Page-473- *** OR 5040 PG 2341 *** 3/10/2015 16.A.7. 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$50.00 per day are assessed against Respondent for 33 days for the period from February 15,2014 to March 19,2014,for a total amount of fines of$1,650.00. C. Respondent shall pay the previously assessed operational costs in the amount of$115.40. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $114.03. E. Respondent shall pay the abatement costs incurred by the County in the amount of$35.00. F. Respondent is ordered to pay fines anc l itrt'- amount of$1,914.43 or be subject to Notice of Assessment of Lien atrt„aib=propert ' . by Respondent in Collier County, Florida. ,/,- - � - / .v DONE AND ORDERED this • j fdt ire:•. ,201x1 at t +Collier County,Florida. i/ !, ., 1 \ \ I CODE ENFORCEMENT (� I S' a� A 14tA STRAtTE 1r ! / ~ -" ti vt I '---.j `..--,, - 11,. .G• , . i N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be 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 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. NA!of Honda cc: Respondent(s)—Valente Hernandez County of COLLIER ,. Collier Co.Code Enforcement Dept. i'',tb I HEREBY CERTIFY T 1f�' 'ihisis a true and; correct copy of a documertt -o,1Tte in °a Board Minutes and.Pecorgpf.Collier,CbuftlC, W 11.45f S my h �d�e_nd o iciat eal this c "N "day of n[ =t WIGHT E. RACK;Ct Ft v3 3•'' c juwift D.C. Packet Page-474- 3/10/2015 16.A.7. Valente Hernandez& Luis Medina 212 Kraemer ST. Houma, LA 70364 To whom it may concern: My name is Luis Medina, nephew to Valente Hernandez, the current owner of the property to which this case pertains. We are co-writing this letter as a means of sharing with readers of why this home was left to deteriorate but to do that we must give a biography of the events surrounding our live in order to put our situation into perspective. I was born in Atlanta Georgia to Lucia Hernandez and Emeterio Medina. Due to domestic violence we relocated to Naples Florida with the help of an uncle named Valente Hernandez who happens to be the owner of the property in question. For awhile we lived in an apartment alongside my uncles family. A little while later my mother had gathered up a enough money for us to get a house of our own and so we finally moved on to a different part of town while still maintaining contact with the rest of the family. As time went on my mom sold our home and she bought another one on the edge of town located on 980 Auto-ranch Road. After a few happy years my mother started falling seriously ill to the point where she couldn't always get out of bed. One day my mother fell ill to the point where she had to be rushed to the hospital by a family friend, after a long wait and careful examination the doctor returned with shocking news. According to him my mother was gravely ill with only hours to live. The only solution was emergency surgery. The culprit: Late stage ovarian cancer. This moment marked the beginning of what was to be series of dramatic events that unfolded upon our lives. When my mother finally came home from the hospital she was bed ridden and up to her neck with hospital bills and due to the fact that she was undocumented, insurance wasn't an option. We still had many family friends coming by to visit but all our family had since moved to other places and so we were disconnected from them. Eventually my uncle Valente found out what had occurred and so he once again came to our rescue. The house was rented and we moved in with my uncle who by this time lived in Northern Florida in a small town named Hernando. As a precaution in case she were to fall ill again, my mother transferred the property over to my uncle Valente. who in case she passed away, would then pass the trailer down to me and my sister. While living with my uncle he made us as comfortable as possible and also took care of any expenses we incurred. During the next couple of months everybody pitched in to help in whatever way they could and eventually my mother underwent another surgery. Another uncle, Beto also lived close by and he was also around ready to lend a hand. Eventually my uncle Valente ran out of work and decided to Packet Page -475- 3/10/2015 16.A.7. make a large leap to Louisiana. We decided it would be best if we stayer' behind a little longer meanwhile my mom recovered from her second surgery; like before he stilt managed our expenses, we made a poor but happy and honest living. With time my mom became healthy enough to get a job but the problem was that Hernando was a small town and so it was difficult for her to get a job especially since she was undocumented And so once again after a long talk with my uncle we decided to follow in his footsteps. It was the last day of school and I had just arrived home from school when my uncle Beto pulled into the drive way in his small Nissan pickup. After a brief talk with my morn we started packing and were soon on the road towards Houma, Louisiana. When we arrived we were well greeted and treated by my uncles family, my mom eventually settled in a grocery store and I went to school. For awhile we were making it work but eventually my sister caused some problems with in the family. This led to my mom and uncle getting off to the wrong foot and while my uncle never ordered my mom to do anything, she decided it would be best to move out. Low on money, but high in faith we landed in a ghetto near downtown Houma, what would become my new home for a good while. By this time I was fourteen years old and unfortunately we had moved into a street intersection known for trouble. Coming from the stillness of the Central Florida country it was a little shocking at first but I gradually adjusted. And so this was the beginning of a new chapter in my life. It was school and home for me and my sister,while my mom kept making ends meet. In a way it was depressing looking out the hazed and tint chipped windows of the home we rented and seeing the thing that occurred in this crime infested area that surrounded our struggling lives. Whether is was the police sirens accompanied by their flashing array of lights racing daily down our streets, or that one thirty plus man brawl that took place one afternoon after returning from school, that ended in bloodshed and a shootout right in front of my house, it never seemed to end. Luckily my mother was strong, strong enough to keep me strong and optimistic that there were better things to come. Eventually my mom found a small home a couple streets down in a calmer part of the same neighborhood and once again we moved. The home was owned by a kind man named Johnell Mitchell. We were once again beginning to smile in the face of all that opposed our will to be happy. After a couple of months in our new home my mother once again started falling ill each time getting progressively worse. It was reminiscent of something I had well experienced in the past, and so I feared for the worst as I knew cancer was a possibility. After enough persuading from friends and family my mom finally agreed to eo to the doctor. I was sitting in the kitchen table after just getting home from school waiting for my mom to enter as I had just heard her car arriving. My mom stormed into the house tear ridden crying and talking on the phone at the same time. My eyes instantly teared up as I knew my mother to only cry in the face of something grave, only very few times in my life had I seen my mom cry and so I instantly knew there was bad news to share. She quickly ended her call and gathered me and my sister in the stillness of our small kitchen Packet Page -476- 3/10/2015 16.A.7. table, looked us straight in the eyes, told us to be strong, hugged us, and broke the news. The doctor told her the cancer had reemerged and that this time it was terminal. He gave her six months. I was dumbfounded by the news, never in my life had I felt such pain. My stomach twisted to the news and my mind went blank. the word death echoed in my mind and I broke out in tears, tears that spilled my desperation of life and sorrow of my pain. A few days and a couple dozen phone calls later a plan was laid down. Me and my sister would stay with grandma while my mom set off to to Mexico to a cancer and disease clinic. The plan moved forward and eventually I was standing at the bus station in Lafayette staring at my moms big beautiful dark brown eyes saying our our last goodbyes; we head our separate ways. I went home to continue school and she headed to the clinic in Mexico which would be paid by both my uncle Valente and Beto. Only a few short months later it was summer and I was headed towards Mexico. My mom had quit the treatment stating that it was to expensive and that it wasn't fair for my uncles to be paying so much money. She left to go live with our family in Mexico. When I reunited with my mom she was a shell of her former self. She was weak and I was scared. I spent a month in Mexico and eventually along with my mom, decided that it would be best to continue my studies in the U.S. while she stayed in Mexico with my sister as she had just graduated high school. I arrived in Louisiana to live with my uncle Valente. A couple months later on September 12, 2011 I received the news that my mother had passed away. As you can imagine I was destroyed from the inside out, especially when considering the fact that I was not at her side during her final moments. I was going through a really hard time, but at this point i wasn't the only one. All throughout this time my uncle Valente had kept an eye on us. He payed all the bills and expenses that we had while we lived with him and never once thought twice about it. This was just the kind of man he was and even though it was a selfless way to live it finally took it's toll. After maintaining a family of nine including his family, my family, and our grandparents it was becoming more than he could handle. Eventually he had problems within his family and this resulted in him splitting from my aunt. He stayed in the U.S. with two of my cousins and my aunt left to Mexico with the other two. He was now financially unstable and depressed but time continued forward. It was a short-while after this when he started a new relationship but things didn't go as planned and we were forced to be separated. He know sent money for his children in Mexico. some money was used on me,another bit was used on his expenses including my cousins, another bit going towards a property he hadn't paid off, and a large portion was used to meet the demand of his money hungry wife. All this combined with everything he had already spent while my mom was ill led him to live paycheck to paycheck. With this in mind, I got my fist job at 16 and then a second job a little later to help support myself. After some time I finally had enough money to buy a car even though I still didn't have a license (I could not get one). But once again life was against me and on my way back from Baton Rouge. after just purchasing my car I hit a huge pot hole and lost control of my Packet Page -477- 3/10/2015 16.A.7. car. The car was totaled due to water damage, but luckily I was unscathed I was fed up with life to the point where I was ready to quit school. Luckily I had friends and family who cared for me. While my uncle couldn't help me out financially he kept guided in the right direction. I continued to work until once again and I had reunited enough money to buy another car. I went to baton rouge and with god on my side this time I returned with my new car. Soon after when I turned 181 went to get my drivers license as by this time I didn't need a parent/guardian signature (1 did not have a legal guardian) and I continued my senior year in high school. I graduated with honors in the class of 2014 from Terrebonne High school and since by this time my uncle had finally separated from his wife I finally moved in with him just before graduation. During this time my sister had been taken in by my uncle Beto who lived in Hernando, Florida and she eventually returned to Naples. We had talked over the phone shortly after my mother passed away and we had a strong dispute where words that shouldn't have been said were spoken and from then we lost contact. She lives about 15 minutes away from the trailer to which this case pertains but has never taken responsibility in its up-keeping. While my uncle Valente and I had heard about the properties deterioration and damage from previous renters we were under difficult circumstances at the moment of these events. During the month of May 2014 my uncle and I discussed the issues surrounding the property on (980 Auto Ranch Road) and Laid down a plan. We decided to go to Naples in June after I graduated. this extra time would also allow us to better prepare for the long 15 hour trip to Naples. When we arrived we were met with a county letter taped to the outside gate, abhorrently overgrown weeds, and a trashed trailer. It wasn't easy but me along with my two cousins and my uncle tackled the task of restoring it to something decent. Along with this we made arrangements to have some long lost friends keep an eye over the property to insure it doesn't return to its previous stage. Once we finished the manual labor My uncle and 1 went around town seeking answers about the letter and that's when we met Ms. Illiana Burgos who kindly explained to us the fines and what we could do about them. This is why we are writing this letter. We want the reader to understand that this home means something to us and if it was not maintained it was due to the circumstances set upon our lives. Financial instability was not in my uncles plans when he decided to care for my mom but neither was his separation from my aunt or his exorbitant failed marriage it's just the case that events in life have presented themselves in a highly untimely manner for him as they also did for me. Please understand that me nor my uncle can afford to come up with the fined amount of$1914.00 at this moment, we can barely come up with one- fourth of that amount and that is why by the very least we ask for a reduced amount. I am currently enrolled in Nicholls State University in Louisiana and while my scholarship that I received for academics pays for most of my education I still have quite a bit to pay off including books something with which my uncle is also helping me with. And even though the property may not be under my name I feel as if share just as much responsibility as my uncle Valente. We Packet Page -478- . 3/10/2015 16.A.7. are not bad or irresponsible people and we hope that through this letter you become aware that the downfall of this property was due to an unfortunate series of events that we hope you will weigh heavily when making a decision. And so with this 1 turn it over to the readers of this letter to lay down the final verdict of what is to happen. Thank you for your time and attention in advance. Sincerely Valente Hernandez Luis Medina Packet Page -479-